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HomeMy WebLinkAboutMINUTES - 03102020 -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 March 10, 2020            9:30 A.M. Convene, call to order and opening ceremonies. Inspirational Thought- "Springtime is the land of awakening. The March winds are the morning yawn." ~Lewis Grizzard, writer 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.127 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 March 2020 as American Red Cross Month in Contra Costa County. (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 recognizing March 2020 as Prescription Drug Abuse Awareness Month in Contra Costa County. (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 recognizing the 100th Anniversary of Women's Right to Vote. (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 honoring County employees for their many years of service to Contra Costa County: Anthony Gomez, for his 25 years of service to Contra Costa County. (Brian Balbas, Public Works Director) Cece Sellgren, for her 22 years of service to Contra Costa County and on the occasion of her retirement. (Brian Balbas, Public Works Director) Susan (Sue) Guest, for her 32 years of service to Contra Costa County Public Health Nursing and on the occasion of her retirement. (Supervisor Mitchoff)    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    :Mitchell: Smith., resident of Oakley, spoke on difficulties in parental separation; Andrew O'Bryan, SEIU 2015, encouraged the Board to wrap up negotiations with In-Home Supportive Services, with a fair wage and benefits; Antwon Cloird, Greater Richmond Interfaith Program (GRIP), spoke on concerns of the effects of the corona virus (COVID-19) on the vulnerable homeless population.   D.3 CONSIDER receiving a report regarding coronavirus disease 2019 (COVID-19) and ADOPT resolutions to proclaim the existence of a local emergency and request the Governor to proclaim a state of emergency in Contra Costa County. (David Twa, County Administrator & Anna Roth, Health Services Director)       Speakers: Vicky Davidson, California Nurses Association; Corey Halloran, Teamsters 856; Josh Anijer, Contra Costa Labor Council.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 CONSIDER adopting Resolution No. 2020/81 authorizing the issuance of a request for proposals for the sale of 1750 Oak Park Blvd., Pleasant Hill, and fix May 12, 2020, as the date for receiving proposals; AUTHORIZE the County Librarian to permanently close the Pleasant Hill Library at 1750 Oak Park Blvd. at 6:00 pm on June 3, 2020, and to execute a sublease with the City of Pleasant Hill for temporary library space; CONSIDER the environmental impact report for the Oak Park Properties Specific Plan project, and take related actions under the California Environmental Quality Act and Surplus Lands Act. (Karen Laws, Public Works Department)       Speakers: Darcy Mathews, resident of Pleasant Hill; Daniel Safran, Keep Our Library Open (KOLO) commentary read into record; Karen Yapp, resident of Pleasant Hill; Teresa LaCombe, resident of Pleasant Hill; Richard Offerman, KOLO; Elaine Hannah, KOLO; Jim Dexter, KOLO; Nancy Evans, KOLO; Howard Weisman, M.D.; Deborah Donovan, KOLO. Written commentary was received from (attached): Howard Weisman, M.D.; Deborah Donovan, Esq.; Trevor Ward; Dan and Sharon Fisher; Karen Yapp; Inkee; Shira Steinbeck; Barry Mogerman; Dick Offerman; Linda Marie John; Yeh Tung; Hava Kimmel.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.5 HEARING to consider adoption of Ordinance No. 2020-12, to regulate the short-term rental of residential    D.5 HEARING to consider adoption of Ordinance No. 2020-12, to regulate the short-term rental of residential dwelling units in the unincorporated area of the County for periods of 30 consecutive days or less, as recommended by the County Planning Commission. (John Kopchik and Francisco Avila, Department of Conservation and Development)       Speakers: Christine Chalmers, resident of Contra Costa; Laura Singh, resident of Kensington. OPENED the public hearing; ACCEPTED public input; DIRECTED staff to modify the proposed ordinance to contain a 180-day limit for hosted rentals; CONTINUED the hearing to March 31, 2020 at 9:30 a.m.; and FURTHER DIRECTED staff to return to the Board with recommendations for their consideration on the regulation of the rental hosting platform(s).   D. 6 CONSIDER reports of Board members.    There were no items reported.   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)) 1. Tni Jackson v. Contra Costa County, et al., Contra Costa County Superior Court Case No. C19-01759 C. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code § 54956.9(d)(2)) 1. Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): [two potential cases] Attachment: Letter from Karl Olson, Attorney for Gustave Kramer    Today the Board and counsel will discuss two significant exposures to litigation in Closed Session. One Concerns conditions at, and provision of medical and health services at the County jail. The second one is a threat of litigation, which was included in the agenda packet. There were no reports out of Closed Session.   CS.1 Letter from Karl Olson, Attorney for Gustave Kramer.     ADJOURN    Adjourned today's meeting at 3:45 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 on-call sweeping services contract(s) for various road maintenance work, for routine maintenance of existing road pavement, Countywide. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 on-call pavement grinding services contract(s) for various road maintenance work, for routine maintenance and repair of existing road pavement, Countywide. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 APPROVE and AUTHORIZE the conveyance of an easement to Central Contra Costa Sanitary District over a portion of 1025 Escobar Street, Martinez, for sewer purposes, as recommended by the Public Works Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 AUTHORIZE the Public Works Director, or designee, to submit comments on the California Public Utilities Commission’s proposal to sunset the Rule 20A Utility Undergrounding program, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 5 ADOPT Resolution No. 2020/58 Approving the Subdivision Agreement for minor subdivision MS13-00006, for a project being developed by Eugene Frederick, as recommended by the Public Works Director, Alamo 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. 6 ADOPT Resolution No. 2020/71 approving the Parcel Map for minor subdivision MS11-00001, for a project being developed by James and Barbara DeFremery, as recommended by the Public Works Director, Knightsen 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. 7 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the conveyance of a trail Grant easement from the County to the East Bay Regional Parks District for a portion of Stage Road fire trail in Diablo Foothills Regional Park, in connection with Stage Road Trail Slide Repair at Pine Creek Dam for maintenance purposes, as recommended by the Chief Engineer, Walnut Creek area. (100% Flood Control 3B Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District,   C. 8 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Districts's acquisition from DLT Ventures, LLC, of real property located at 760 Minnesota Avenue, Brentwood, for payment of $70,200, in connection with the Three Creeks Parkway Restoration Project, Brentwood area, as recommended by the Chief Engineer. (100% Drainage Area 130 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a two-year Cooperative Agreement to provide funding in the amount of $20,000 for the Shared Temporary Deployment of Precipitation Forecasting System with Sonoma County Water Agency, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, and East Bay Dischargers Authority, 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. 10 AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease and development terms between the County, as Landlord, and Mark Scott Construction, Inc., as the developer, for approximately 11 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. 11 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, AWARD and AUTHORIZE the Chief Engineer, or designee, to execute a construction contract in the amount of $2,596,907 with Granite Rock Company for the Three Creeks Parkway Restoration Project, Brentwood area. (100% Drainage Area 130 Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 AUTHORIZE the Director of Airports to execute an agreement with the University of Alaska Fairbanks to allow Buchanan Field and Byron airports to be included in the Pan-Pacific UAS Test Range Complex for drone testing. (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 Claims, Collections & Litigation   C. 13 DENY claims filed by Joyce Al-Islam (2), Adam Crawley, Clarence Frazier, Bianca S. Garcia, Shukriah Khan and Aslam Khan, Troy King, Micaela Morales Mendez, and Julius Michael Parker. DENY amended claim filed by Krishna Lama. DENY late claim filed by Deronta T. Lewis.       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 APPROVE and AUTHORIZE a settlement with Families First, Inc., in the False Claims Act lawsuit County of Alameda, et. al., ex rel. Helen Haeri Kim and Lisa Little Villela v. Families First, Inc.(Alameda Superior Court Case No. RG14733912), requiring payment of approximately $630,379 to the County, as recommended by the Health Services Director. (100% Incoming 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 Honors & Proclamations Honors & Proclamations   C. 15 ADOPT Resolution No. 2020/34 recognizing March 2020 as American Red Cross Month in Contra Costa County, 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. 2020/52 recognizing March 2020 as Prescription Drug Abuse Awareness Month in Contra Costa County, 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. 17 ADOPT Resolution No. 2020/53 recognizing the 100th Anniversary of Women's Right to Vote, 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. 18 ADOPT Resolution No. 2020/75 recognizing Anthony Gomez for his 25 years of service to Contra Costa County, as recommended by the Public Works 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. 19 ADOPT Resolution No. 2020/69 honoring Susan (Sue) Guest on the occasion of her retirement from Contra Costa County Public Health Nursing after 32 years of service, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 ADOPT Resolution No. 2020/72 authorizing Contra Costa County to join with other public agencies as a participant of the California Asset Management Trust and to invest in shares of the Trust and in individual portfolios managed by the investment adviser to the Trust, as recommended by the Treasurer-Tax Collector. (100% Interest from Investments)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 ADOPT Resolution No. 2020/79 recognizing Rick and Janet Cronk as Lafayette Citizens of the Year, 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. 22 ADOPT Resolution No. 2020/83 recognizing Cece Sellgren on the occasion of her retirement after 22 years of service with Contra Costa County, as recommended by the Public Works 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. 23 ADOPT Resolution No. 2020/86 recognizing Sherri Reed for her 30 years of service to Contra Costa County, as recommended by the Public Works 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 Ordinances   C. 24 ADOPT Ordinance No. 2020-04, revising procedures for designating an animal as potentially dangerous or dangerous, 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. 25 REAPPOINT Shanna Holden to the City of Pleasant Hill seat on the Iron Horse Corridor Management Program Advisory Committee with a two-year term expiring on January 31, 2022, as recommended by Supervisor Mitchoff. (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. 26 REAPPOINT Eric Meinbress to the At-Large #2 seat on the Aviation Advisory Committee to a term expiring February 28, 2023, as recommended by the Airports 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. 27 ADOPT Resolution No. 2020/64 appointing the Director of Risk Management - Exempt and designating Assistant Risk Managers, as the official representative and alternates, respectively, to act on behalf of Contra Costa County with regard to official matters of the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) effective February 4, 2020, 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. 28 ACCEPT the resignation of Stanley Caldwell, DECLARE a vacancy in the Category 2 Seat representing legislative bodies of the special districts in the county on the Treasury Oversight Committee effective immediately, as recommended by the Treasurer-Tax Collector.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 APPOINT Philip Leiber to the Category 2 seat and Stephen Smith to the Category 2 alternate seat as members representing legislative bodies of the special districts in the County on the Treasury Oversight Committee with terms ending April 30, 2022, as recommended by the Treasurer-Tax Collector.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 REAPPOINT Bill Clark to the Superintendent of Schools seat on the Treasury Oversight Committee with a four-year term ending April 30, 2024, as recommended by the Treasurer-Tax Collector.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 ACCEPT the resignations of Jason Cox, Business Seat #7; Melissa Johnson, Business Seat #13; and Fred Wood, Education and Training Seat #2, DECLARE the vacancies on the Workforce Development Board and DIRECT the Clerk of the Board to post the vacancies, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 APPOINT Esa Ehmen-Krause to the position of County Probation Officer-Exempt effective March 16, 2020, 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. 33 APPROVE the medical staff appointments and reappointments, privileges, advancements, and voluntary resignations as recommend by the Medical Staff Executive Committee, at their January 27, 2020 meeting, and by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 REAPPOINT Wilson Cheng to Consumer Seat Under 60 - Seat 1 on the In-Home Supportive Services Public Authority Advisory Committee for a new four-year term ending in March 2024, as recommended by the Family & Human Services 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. 35 APPROVE the medical staff appointments and reappointments, privileges, medical staff advancements, and voluntary resignations as recommend by the Medical Staff Executive Committee, at their February 24, 2020 meeting, and by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 36 ADOPT Resolution No. 2019/502 amending the Contra Costa County Personnel Management Regulations to update the rules for ranking applicant exam results and for employment list referrals to departments, as recommended by the County Human Resources Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 ADOPT Position Adjustment Resolution No. 25583 to add one Departmental Fiscal Officer position effective April 1, 2020 and cancel one Departmental Fiscal Officer position effective October 2, 2020, in the Department of Conservation and Development. (100% Land Development Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 ADOPT Position Adjustment Resolution No. 25582 to add one Secretary – Advanced Level position in the Department of Conservation and Development. (100% Land Development 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. 39 ADOPT Position Adjustment Resolution No. 25580 to cancel one Service Integration Team Coordinator (represented) position and add one Social Work Supervisor I (represented) position in the Employment and Human Services Department, Aging and Adult Services Bureau. (48% Federal, 39% State, 13% County)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 ADOPT Resolution No. 2020/55, rescinding the side letter between Contra Costa County and AFSCME, Local 2700 which amended Section 5.3: Certification Rule of the Memorandum of Understanding, as recommended by the County Administrator.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 ADOPT Resolution No. 2020/70 approving the Side Letters between Contra Costa County and the Service Employees International Union, Local 1021 (SEIU), Rank and File Unit and Service Line Supervisors Unit, to maintain the current provisions with regard to Sections 604, 706 and 710 of the Personnel Management Regulations, as recommended by the County Human Resources 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. 42 ADOPT Position Adjustment Resolution No. 25588 to add one Commander - Exempt (unrepresented) position and cancel one Sheriff’s Chief of Management Services – Exempt (unrepresented) position and appoint its incumbent to the Commander – Exempt (unrepresented) position in the Office of the Sheriff. (75% General Fund, 25% Grant Revenue)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 ADOPT Position Adjustment Resolution No. 22590 to reassign one Health Plan Member Services Counselor (represented) in the Health Services Department (100% Member Premium 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. 44 ADOPT Position Adjustment Resolution No. 25586 to ABOLISH Supervising Attorney-Child Support Services (unrepresented) classification, CANCEL one Supervising Attorney and one Chief Assistant Director-Child Support Services position (unrepresented), ESTABLISH Supervising Attorney of Child Support Services-Exempt (unrepresented) classification and ADD one position; APPOINT one employee to the newly created position; and, MODIFY Management Resolution 2019/507 to replace the Supervising Attorney-Child Support Services classification with the Supervising Attorney Child Support Services-Exempt classification. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 ADOPT Position Adjustment Resolution No. 22305 to reallocate the salaries of Public Health Microbiologist and Senior Public Health Microbiologist (all represented) classifications on the salary schedule in the Health Services Department. (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 Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Kaiser Permanente, Community Benefit Program, to pay County an amount not to exceed $300,000 for the Health, Housing and Homeless Services Division to improve health equity across the Homeless Crisis Response System Project for the period January 1, 2020 through December 31, 2020. (No County match)       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. 47 ACCEPT Resolution No. 2020/67 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging to pay County in an amount not to exceed $143,750 for the Dignity at Home, Fall Prevention Program for the period February 1, 2020 through June 30, 2021. (100% State, No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 ADOPT Resolution No. 2020/73 approving and authorizing the Sheriff-Coroner, or designee, to apply for and accept the California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program funds in an initial amount of $738,249 for marine patrol and boating regulation enforcement for the period July 1, 2020 through the end of available funding. (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 C. 49 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Community Services and Development to increase the payment limit by $1,945,169 to a new payment limit of $4,044,443 for the Limited Income Home Energy Assistance Program with no change to the period October 1, 2019 through June 30, 2021.       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 Sheriff-Coroner, or designee, to execute a contract amendment with Kensington Police Protection and Community Services District, to extend the term of the contract to June 30, 2020 and increase the payment limit by $75,000 from $300,000 to $375,000 for the County to provide law enforcement services. (100% Agency 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. 51 ADOPT Resolution No. 2020/84 authorizing the Sheriff-Coroner, or designee, to apply for and accept a grant from the U.S. Department of Justice, Office of Community Policing Services in an initial amount of $250,000 to fund the hiring of two Deputy Sheriff positions for the Mental Health Evaluation Team for a three-year period with an additional one-year retention period. (15% Federal, 85% 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. 52 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from the U.S. Department of Health and Human Services, Administration for Children and Families in an amount not to exceed $1,138,429 for Early Head Start Childcare Partnership funding for the term July 1, 2020 through June 30, 2021. (80% Federal, 20% In-kind match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with State of California - Department of Parks and Recreation in an amount not to exceed $9,000 for the County Department of Agriculture to provide invasive weeds treatment services to the Mount Diablo State Park beginning February 1, 2020 through June 30, 2020. (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 APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 54 APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order amendment with Cintas Corporation, to increase the payment limit by $50,000 to a new payment limit of $500,000, and to extend the term from January 31, 2020 to July 31, 2020 to provide garment rental and laundry services, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sodexo America, LLC, in an amount not to exceed $960,000 to provide management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center and Health Centers for the period November 1, 2019 through October 31, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Hobbs Investments, Inc., in an amount not to exceed $350,000 to provide transportation and courier services including pick up, transport, and delivery of laboratory specimens, transmittals, and pharmacy medications for the period February 1, 2020 through January 31, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Hammons Supply Company, to increase the payment limit by $100,000 to a new payment limit of $280,000 for the purchase of custodial supplies and equipment for County's detention facilities for the period June 1, 2019 through May 31, 2020. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Young Men’s Christian Association (YMCA) of the East Bay to increase the payment limit by $10,000 to a new payment limit of $977,632 for Head Start Program Enhancement services for the term July 1, 2019 through June 30, 2020. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with University of California, San Francisco, in an amount not to exceed $123,327, for local evaluation services for the Domestic Violence Homicide Prevention Demonstration Initiative Lethality Assessment Program, for the period October 1, 2019 through June 30, 2020. (81% County; 19% 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. 60 APPROVE and AUTHORIZE a payment limit increase in the amount of $200,000 from $300,000 to a new payment limit of $500,000 under the Software License Agreement, Support Services Agreement, and Amendment with Level II, Inc., for California Law Enforcement Telecommunications System connectivity software and services for the period April 8, 2016 to April 7, 2020 with an annual renewal thereafter until terminated, as recommended by the Sheriff-Coroner. (100% General Fund)       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. 61 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with California Office of Emergency Services California Specialized Training Institute, in the amount not to exceed $250,000 for emergency management and public information officer training for the term of March 9, 2020 through June 30, 2022. (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 C. 62 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with East Bay Regional Park District in an amount not to exceed $40,000 for the Agriculture Department to provide invasive weed treatment services to local district parks beginning January 1, 2020 through December 31, 2020. (100% Revenue)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 on-call facilities general construction services contract(s) for repairs and small construction to support maintenance of various county facilities, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jamal Julian Zaka, M.D., in an amount not to exceed $235,000 to provide pulmonology services to Contra Costa Regional Medical Center and Health Center patients for the period April 1, 2020 through March 31, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount of $26,440 to Total Renal Care, Inc., for additional blood treatment services provided at Martinez Detention Facility for the period December 1, 2019 through January 26, 2020. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 on-call roofing and exterior waterproofing service contract(s) for maintenance, repairs, roofing and exterior waterproofing to support maintenance of various county facilities, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Electrical Service Contract(s) for electrical repairs, main switch gear testing, and infrared testing of electrical components to support maintenance of various county facilities, Countywide. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Samir B. Shah, M.D., Inc., in an amount not to exceed $2,172,000 to provide ophthalmology surgical services and to perform the roles and duties of Chief Medical Officer of Contra Costa Regional Medical Center and Health Centers for the period April 1, 2020 through March 31, 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. 69 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Hearing Aid Center, Inc., in an amount not to exceed $250,000 to provide audiology and hearing aid services to Contra Costa Health Plan members for the period May 1, 2020 through April 30, 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. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robin Wendy Asher, M.D., in an amount not to exceed $239,616 to provide outpatient psychiatric care services to children and adolescents in central Contra Costa County for the period April 1, 2020 through March 31, 2021. (50% Federal Medi-Cal; 50% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Boehm & Associates, LLC, effective March 1, 2020, to increase the payment limit by $150,000 to a new payment limit of $300,000, to provide additional consulting and technical assistance on workers compensation laws and third-party liability recovery with no change in the term July 1, 2019 through June 30, 2020. (100% Third Party Revenues)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Larry Walker Associates, Inc., effective March 10, 2020, to increase the payment limit by $120,000, to a new payment limit of $820,000, to provide additional professional stormwater quality services for the Contra Costa County Watershed Program, with no change to the term of April 1, 2015 to March 31, 2020, Countywide.(100% Stormwater Utility Assessment Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with YWCA of Contra Costa/ Sacramento, effective March 1, 2020, to increase the payment limit by $14,691 to a new payment limit of $565,589 to provide mental health services for seriously emotionally disturbed children and adolescents with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $22,036 to a new payment limit of $297,485 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with La Clinica De La Raza, Inc., effective March 1, 2020, to increase the payment limit by $11,758 to a new payment limit of $452,688 to provide community-based mental health services for seriously emotionally disturbed minority children in East Contra Costa County with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $17,637 to a new payment limit of $238,102 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with    C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the Center for Psychotherapy, effective March 1, 2020, to increase the payment limit by $16,870 to a new payment limit of $649,480, to provide mental health services to seriously emotionally disturbed adolescents and children in East Contra Costa County with no change in the original term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $25,304 to a new payment limit of $341,609 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Community Options for Families and Youth, Incorporated, effective March 1, 2020, to increase the payment limit by $38,272 to a new payment limit of $1,473,498 to provide therapeutic behavioral services and outpatient services to seriously emotionally disturbed children and youth, and their families, with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $57,409 to a new payment limit of $775,022 through December 31, 2020. (50% Federal Early and Periodic Screening, Diagnosis and Treatment; 50% Mental Health Realignment)       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. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Contra Costa Interfaith Transitional Housing, Inc., effective March 1, 2020, to increase the payment limit by $7,680 to a new payment limit of $295,662 to provide community-based mental health services for seriously emotionally disturbed children and youth with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $11,519 to a new payment limit of $155,510 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with West Contra Costa Unified School District, effective March 1, 2020, to increase the payment limit by $16,851 to a new payment limit of $648,761 to provide wraparound services to seriously emotionally disturbed students, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $27,576 to a new payment limit of $341,031 through December 31, 2020. (50% Federal Medi-Cal; 49% Mental Health Realignment; 1% West Contra Costa Unified School District)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Alternative Family Services, Inc., effective March 1, 2020, to increase the payment limit by $33,936 to a new payment limit of $1,306,532 to provide multidimensional treatment foster care services for seriously emotionally disturbed children and young adults, and their families, with no change in the term July 1, 2019 through June 30, 2020, and to increase the six-month automatic extension payment limit by $50,904 to a new payment limit of $687,202 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an amendment with Early Childhood Mental Health Program, effective March 1, 2020, to increase the payment limit by $82,400 to a new payment limit of $3,172,402 to provide specialized mental health services including in-home behavioral services and intensive care coordination to children and their families in West Contra Costa County with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $123,600 to a new payment limit of $1,668,601 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Desarrollo Familiar, Inc. (dba Familias Unidas), effective March 1, 2020, to increase the payment limit by $10,646 to a new payment limit of $409,866 to provide community based mental health services for children and their families in West Contra Costa County, with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $15,969, to a new payment limit of $215,579, through December 31, 2020. (50% Federal Medi-Cal; 50% State Early Periodic Screening, Diagnosis and Treatment)       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. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Youth Homes Incorporated, effective March 1, 2020, to increase the payment limit by $108,903 to a new payment limit of $4,192,771 to provide residential treatment and therapeutic behavioral services for seriously emotionally disturbed children with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $163,355 to a new payment limit of $2,205,289 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 83 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Fred Finch Youth Center, effective March 1, 2020, to increase the payment limit by $35,575 to a new payment limit of $1,369,643 to provide school-based day treatment and mental health services for students in the Mt. Diablo Unified School District, with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $52,563 to a new payment limit of $719,597, through December 31, 2020. (49% Federal Medi-Cal; 49% Mental Health Realignment; 2% Mt. Diablo Unified School District)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 84 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with La Cheim School, Inc., effective March 1, 2020, to increase the payment limit by $68,392 to a new payment limit of $2,633,076 to provide school-based services and a residential treatment program for seriously emotionally disturbed youth ages 8-21, with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $102,587 to a new payment limit of $1,384,929 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 85 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with West Contra Costa Youth Services Bureau, effective March 1, 2020, to increase the payment limit by $91,363 to a new payment limit of $3,517,481 to provide mental health services to seriously emotionally disturbed children and their families in West Contra Costa County, with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $137,045 to a new payment limit of $1,850,104 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 86 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Contra Costa ARC, effective March 1, 2020, to increase the payment limit by $59,612, to a new payment limit of $2,295,028, to provide wrap-around community-based mental health services to seriously emotionally disturbed and environmentally deprived children and their families in East Contra Costa County with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $89,417 to a new payment limit of $1,207,125 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Amador Institute, Inc., effective March 1, 2020, to increase the payment limit by $7,780 to a new payment limit of $299,528 to provide mental health, case management and crisis intervention services to seriously emotionally disturbed adults, adolescents and latency-age children with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic payment limit by $11,670 to a new payment limit of $157,544 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 88 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Child Therapy Institute of Marin, effective March 1, 2020 to increase the payment limit by $21,812 to a new payment limit of $839,742, to provide mental health services for seriously emotionally disturbed children and adolescents in East and West county with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $32,717 to a new payment limit of $441,682 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 89 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Bay Area Community Resources, Inc., effective March 1, 2020, to increase the payment limit by $62,725 to a new payment limit of $2,414,927 to provide school-based mental health services with no change in the term July 1, 2019 through June 30, 2020 and to increase the automatic extension payment limit by $94,088, to a new payment limit of $1,270,189 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 90 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Aspiranet, effective March 1, 2020, to increase the payment limit by $7,285 to a new payment limit of $280,469 to provide therapeutic behavioral services, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $10,927 to a new payment limit of $147,519 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 91 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Community Health for Asian Americans, effective March 1, 2020, to increase the payment limit by $45,980 to a new payment limit of $1,770,213 to provide mental health services including wraparound and outpatient treatment to children in West County with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $67,259 to a new payment limit of $929,375 through December 31, 2020. (49% Federal Medi-Cal; 49% Mental Health Realignment; 2% Non-Medi-Cal Mental Health Realignment)       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. 92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the County of Santa Cruz, in an amount not to exceed $900,000 to participate in the Medi-Cal Administrative Activities and Targeted Case Management programs so Contra Costa County may receive federal reimbursement for promoting access to Medi-Cal services for the period July 1, 2019 through June 30, 2022. (100% Medi-Cal Administrative Activities and Targeted Case Management)       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. 93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Mt. Diablo Unified School District, effective March 1, 2020, to increase the payment limit by $101,880 to a new payment limit of $3,922,401 to provide school-based mental health services to seriously emotionally disturbed students with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $276,467 to a new payment limit of $2,052,330 through December 31, 2020. (46% Federal Medi-Cal; 46% Mental Health Realignment; 8% Mt. Diablo Unified School District)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 94 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Lisa Wang, M.D., in an amount not to exceed $209,664 to provide outpatient psychiatric services for County patients in West County for the period July 1, 2020 through June 30, 2021. (100% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 95 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Signature Parking, LLC, in an amount not to exceed $455,256 to provide parking management services for Contra Costa Regional Medical Center for the period January 1, 2020 through December 31, 2020. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 96 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Catholic Charities CYO of the Archdiocese of San Francisco, effective March 1, 2020, to increase the payment limit by $8,991 to a new payment limit of $346,171 to provide therapeutic behavioral services for seriously emotionally disturbed children at its St. Vincent’s School for Boys with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $13,487 to a new payment limit of $182,077 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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. 97 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Lincoln, effective March 1, 2020, to increase the payment limit by $130,035 to a new payment limit of $5,756,345 to provide school-based mental health services and a multi-dimensional family treatment program for seriously emotionally disturbed youth and their families with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $191,198 to a new payment limit of $3,004,353 through December 31, 2020. (50% Federal Medi-Cal; 35% Mental Health Realignment; 11% Antioch/Pittsburg Unified School Grant; 4% The Tides Foundation Grant)       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. 98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Mountain Valley Child and Family Services, Inc., effective March 1, 2020, to increase the payment limit by $66,248 to a new payment limit of $2,550,515 to provide mental health, case management and therapeutic behavioral services to seriously emotionally disturbed youth and dependents, with no change in the original term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $74,063 to a new payment limit of $1,316,196 through December 31, 2020. (50% Federal Medi-Cal; 25% Mental Health Realignment; 25% Employment and Human 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. 99 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with    C. 99 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Seneca Family of Agencies, effective March 1, 2020, to increase the payment limit by $238,171 to a new payment limit of $9,169,597 to provide mobile crisis response teams for seriously emotionally disturbed children and their families services, with no change in the term July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $322,914 to a new payment limit of $4,788,627 through December 31, 2020. (50% Federal Medi-Cal; 41% Mental Health Realignment; 4% School Districts; 5% Employment and Human Services Department)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.100 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with We Care for Children Services, effective March 1, 2020, to increase the payment limit by $54,524 to a new payment limit of $2,099,178 to provide mental health services for high risk, delayed or seriously emotionally disturbed children in Central Contra Costa County with no change in the term July 1, 2020 through June 30, 2020, and to increase the automatic extension payment limit by $81,786 to a new payment limit of $1,104,113 through December 31, 2020. (50% Federal Medi-Cal; 50% Mental Health Realignment)       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.101 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with A Better Way, Inc., effective March 1, 2020, to modify the rates for mental health services to children and adolescents referred by Child Family Services with no change in the payment limit $376,278 or term July 1, 2020 through June 30, 2020 and no change in the six-month automatic extension amount of $188,139 through December 31, 2020. (50% Federal Medi-Cal; 50% Employment and Human Services Department)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.102 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Uplift Family Services, a non-profit corporation, in an amount not to exceed $560,000 to provide family preservation and support services to families referred from existing child welfare cases and/or the County Probation Department, for the period July 1, 2020 through June 30, 2021. (30% County, 70% 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 C.103 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with KP, LLC, in an amount not to exceed $4,000,000 to provide professional design, technical assistance, printing, publication and distribution of Contra Costa Health Plan (CCHP) Membership materials, 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.104 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sodexo America, LLC, in an amount not to exceed $899,000 to provide management and oversight to the Environmental Services Unit at Contra Costa Regional Medical Center and Health Centers for the period January 1, 2020 through December 31, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.105 AWARD a design build contract to Hensel Phelps Construction Co. in an amount not to exceed $16,300,000, for the construction of mental health treatment facilities and associated Americans with Disabilities Act (ADA) upgrades at Module M in the Martinez Detention Facility, and related actions.       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.106 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with TriTech Software Systems in the amount of $118,825 for services to upgrade the crime reporting systems to comply with state and federally mandated state-specific incident-based reporting data for the period March 10, 2020, through March 9, 2022. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C.107 ACCEPT the 2019 Annual Housing Element Progress Report, as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.108 ACCEPT the annual progress report by the Department of Conservation and Development on implementation of the Contra Costa County General Plan 2005-2020, and DIRECT staff to forward the General Plan annual progress report to the Governor's Office of Planning and Research and the California Department of Housing and Community Development, as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.109 ACCEPT report and updates on the Northern Waterfront Economic Development Initiative, and APPROVE proposed budget and work plan for FY 2020-21, as recommended by the Northern Waterfront Ad Hoc Committee. (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.110 UPDATE the official list of persons to serve, in priority order, as standby officers for the respective members of the Board of Supervisors, 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.111 AUTHORIZE the District Attorney's Office to provide an additional three (3) Target gift cards in an amount of $50 each for a total of $150 for the human trafficking awareness curriculum at Helms Middle School in the West Contra Costa Unified School District. (100% DA Asset Forfeiture 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.112 APPROVE referrals to the Transportation, Water and Infrastructure Committee for action in 2020, as recommended by the Committee. (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.113 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an agreement with Point Comfort Underwriters, Inc., to administer delivery and payment of healthcare services to unaccompanied refugee children at Contra Costa Regional Medical Center in accordance with federal requirements for a period of one year commencing on November 1, 2019, and automatically renewing each year thereafter unless terminated by either party. (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.114 APPROVE and AUTHORIZE the Board Chair to execute a grant deed of development rights with James and Barbara de Fremery, conveying to the County development rights on a portion of minor subdivision #MS11-0001 at Hidden Ranch Road, Knightsen area, and related actions under the California Environmental Quality Act, as recommended by the Conservation and Development Director. (100% Applicant 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.115 ACCEPT the Treasurer's Quarterly Investment Report as of December 31, 2019, as recommended by the County Treasurer-Tax Collector.       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.116 REFER to the Family and Human Services Committee for discussion the pursuit of a new Countywide Arts and Culture Plan in Fiscal Year 2020-2021, as recommended by the Arts and Culture Commission of Contra Costa County. (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.117 APPROVE amended list of designated positions for the Conflict of Interest Code for the Eastern Contra Costa Transit Authority, as recommended by County Counsel.       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.118 ADOPT Resolution 2020/76 to establish an expense stipend for the Juvenile Justice Commission, as recommended by the County Administrator. (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.119 ADOPT Resolution No. 2020/87 authorizing the issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $31,121,520 to provide financing for the costs of acquisition and construction of Coggins Square Apartments in the unincorporated area of the County near Walnut Creek, as recommended by the Conservation and Development Director. (100% Special Revenue Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.120 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents to refinance outstanding loans secured by Coggins Square Apartments, at 1316 Las Juntas Way in the unincorporated Walnut Creek area, and provide an additional Community Development Block Grant loan of $2.37 million for the development. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.121 APPROVE and AUTHORIZE the County Administrator, or designee, to execute the Maintenance of Effort Certification Form for Fiscal Year 2019/20 as required by Chapter 886, Statutes of 1994 to receive Proposition 172 (public safety sales tax increment) funds, and to submit the Certificate to the County Auditor-Controller, as recommended by the County Administrator. (100% State Proposition 172 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.122 RECEIVE Sheriff-Coroner’s FY 2018/2019 Annual P-6 Zone Deployment Report, from the County Service Area P-6 Zone Central Administrative Base (CAB) Fund to provide extended police protection services in certain unincorporated county areas and partially fund the Sheriff’s Helicopter Program, as required by P-6 Zone CAB Formation Board Order of April 19, 1998. (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.123 ADOPT Resolution No. 2020/80 updating and reaffirming the County Debt Management Policy, as recommended by the County Administrator. (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.124 ADOPT Resolution No. 2020/89 accepting as complete, the contracted work performed by D.L. Falk Construction, Inc. for Fire Station No. 16, as recommended by the Fire Chief of the Contra Costa County Fire Protection District. (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.125 RECEIVE and ACCEPT the Workplace Safety Event Data Report for 2019 for Contra Costa Regional Medical Center (CCRMC) and Health Centers, as recommended by Supervisor Glover and the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.126 Acting as the Governing Board of the Crockett-Carquinez Fire Protection District, ADOPT Resolution No. 2020/65 to establish the classifications and monthly compensation rate of the Payroll Clerk and Training Captain positions, as recommended by the Crockett-Carquinez Fire Protection District Fire Chief. (100% Crockett-Carquinez Fire Protection District)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.127 AUTHORIZE the County Administrator or designee to participate in, and pay up to $163,585 to the consortium of eight northern California counties to study the feasibility of developing a regional mental health correctional facility. (100% AB 109 Public Safety Realignment funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   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 April 6, 2020 9:00 a.m.See above Hiring Outreach Oversight Committee June 1, 2020 10:30 a.m.See above Internal Operations Committee April 13, 2020 Canceled April 6, 2020 Special Meeting 1:00 p.m.See above Legislation Committee April 13, 2020 1:00 p.m.See above Public Protection Committee March 23, 2020 10:30 a.m.See above Sustainability Committee March 23, 2020 1:00 p.m.See above Transportation, Water & Infrastructure Committee April 7, 2020 Special Meeting 11:00 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 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. RECEIVE a report from the Health Services Director and Public Health Director regarding the status of coronavirus disease 2019 (“COVID-19”) in this County and its impacts on the availability of essential medical supplies. 2. ADOPT Resolution No. 2020/92, proclaiming the existence of a local emergency in this County caused by the introduction of COVID-19. 3. ADOPT Resolution No. 2020/91, requesting the Governor to proclaim the County to be in a state of emergency. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: David Twa, County Administrator I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.3 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:COVID-19 - Delcaring a Local Emergency FISCAL IMPACT: No impact to the General Fund is anticipated by this action. Proclaiming a local emergency could give rise to state or federal assistance. BACKGROUND: COVID-19, an infectious disease in humans that is caused by a novel coronavirus first detected in Wuhan City, Hubei Province, China, in December 2019, has emerged as a world-wide pandemic. According to a March 3, 2020, situation report by the World Health Organization, the disease has spread to at least 72 nations across the globe, including the United States. As of March 3, there were 90,870 confirmed cases, 80,304 in China and 10,556 cases outside of China. In recent days, there have been more new cases outside of China than within China. Of 105 confirmed cases in the United States as of March 3, 43 were in California and 26 were in the San Francisco Bay Area. Five cases have been treated in Contra Costa County as of March 4, with the most recent determined to have been community-acquired. The public has no known natural immunity to the virus that causes COVID-19, and there is currently no vaccine to offer protection to the public. Treatment options are limited. On January 30, 2020, the World Health Organization declared the outbreak of COVID-19 a public health emergency of international concern. On January 31, 2020, the Secretary of Health and Human Services declared that the coronavirus presents a public health emergency in the United States, and President Trump issued a proclamation suspending entries into the United States by foreign nationals who had been present in China in the previous two weeks. As of February 2, 2020, U.S. citizens returning to the United States from Hubei Province have been subject to mandatory quarantines, and those returning from other areas in China undergo screening and monitored self-quarantines. Symptomatic persons are placed in federal quarantine at federal facilities, one being at Travis Air Force base in Solano County. Test kits are being supplied by the Centers for Disease Control and Prevention (CDC) to local public health laboratories to test for presence of COVID-19. One of them – the only one in Contra Costa County – is the Contra Costa Public Health Laboratory in Martinez. Eighty test kits – sufficient to test 40 persons – arrived here on February 29, 2020. Another 100 test kits are on order. Staff expects rapid depletion of this supply of kits. If the Martinez laboratory runs out of test kits, samples will be sent to the CDC or a state public health lab, located in Richmond, which is also able to perform COVID-19 testing. As of March 3, hospitals in Contra Costa County have treated five individuals with suspected or confirmed cases of COVID-19. Four were among travelers routed through federal quarantine at Travis Air Force Base. The majority of these travelers returned to the United States from Japan after being in quarantine on the Diamond Princess cruise ship. The fifth individual is a Contra Costa County resident. As noted above, the fifth case has been determined to have been community-acquired – i.e., transmitted in the absence of any association with travel or contact with other known cases. There are cases of this type in Santa Clara, Solano and Alameda counties, the City of Berkeley, and other parts of the United States. The emergence of person-to-person transmission gives rise to public concerns, impacting the capacity of health care facilities and causing shortages in essential health care supplies. In particular, in this County, there is now a shortage of personal protective equipment, including specifically surgical masks, which are typically issued to patients who present with viral symptoms, as a means to prevent transmission. Hand sanitizer is also in short supply. Health Services has searched for and been unable to obtain supplies of these materials locally. Staff has identified the Strategic National Stockpile as a potential source of assistance that might be available from the federal government should the State of California request it. Proclaiming a local emergency and requesting the Governor to declare a state of emergency is a way for counties and other local jurisdictions to potentially obtain state financial assistance. (See Gov. Code, § 8680 et seq.) When a state cannot effectively respond to an emergency without federal assistance, upon request of the Governor, the President of the United States can declare an emergency, thereby triggering the authority to provide federal aid to state and local agencies. (See 42 U.S.C. §§ 5191-5192.) As of March 3, local emergencies related to COVID-19 have been proclaimed in Santa Clara, San Diego, Orange, Solano and Sonoma counties, and the City and County of San Francisco. Local health emergencies have been declared in Santa Clara, San Diego, Orange, Alameda and Sonoma counties. CONSEQUENCE OF NEGATIVE ACTION: A local emergency would not be declared, and the County may be unable to access state or federal assistance to respond to COVID-19. CLERK'S ADDENDUM Speakers: Vicky Davidson, California Nurses Association; Corey Halloran, Teamsters 856; Josh Anijer, Contra Costa Labor Council. AGENDA ATTACHMENTS Resolution 2020/92 Resolution No. 2020/91 MINUTES ATTACHMENTS Signed Resolution No. 2020/92 Signed Resolution No. 2020/91 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/92 IN THE MATTER OF Proclaiming the Existence of a Local Emergency (Gov. Code, § 8630) The Board of Supervisors of Contra Costa County RESOLVES as follows; Contra Costa County Ordinance Code Chapter 42-2 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency when the County is affected or likely to be affected by a public calamity; The Board of Supervisors has been requested by the Director of Emergency Services of the County to proclaim the existence of a local emergency therein; The Board of Supervisors does hereby find: 1. That conditions of disaster or extreme peril to the safety of persons and property have arisen within the County, commencing on March 3, 2020, caused by the introduction here of coronavirus disease 2019 (“COVID-19”), an infectious disease to which there is no known natural immunity and for which there is currently no vaccine, which has become a pandemic, and which is contributing to a shortage of essential health care supplies; and 2. These conditions of disaster or extreme peril warrant and necessitate the proclamation of the existence of a local emergency; NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the County; and IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of the local emergency, the powers, functions, and duties of the emergency organization of this county shall be those prescribed by state law, by ordinances, and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan, as approved by the Board of Supervisors on June 16, 2015. Contact: David Twa, County Administrator I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on 03/10/2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/91 IN THE MATTER OF Requesting the Governor to Proclaim a State of Emergency in the County of Contra Costa (Gov. Code, § 8625) The Board of Supervisors of Contra Costa County RESOLVES as follows: This Board finds as follows: 1. On March 10, 2020, this Board found that due to the introduction of coronavirus disease 2019 (“COVID-19”), conditions of disaster or extreme peril to the safety of persons and property did exist in the County of Contra Costa commencing on or about March 3, 2020, and therefore the Board proclaimed the existence of a local emergency throughout this county (Resolution No. 2020/92); 2. These conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and will require the combined forces of a mutual aid region or regions to combat; 3. These conditions fit the circumstances described in Government Code section 8558. NOW, THEREFORE, IT IS HEREBY RESOLVED that this Board REQUESTS the Governor of the State of California to proclaim the County of Contra Costa to be in a state of emergency. IT IS FURTHER ORDERED that the County Administrator or his designee shall forward a copy of this resolution to the Director of the California Governor’s Office of Emergency Services. IT IS FURTHER RESOLVED that the Co unty Administrator or his designee is designated as the authorized representative of this County for the purposes of receiving, processing, and 2 coordinating all inquiries and requirements necessary to obtain available state and federal resources and funds. ATTEST: David J. Twa, Clerk of the Board of Supervisors and County Administrator By: _________________________ Deputy Mail a certified copy to: Cal OES Main Office 3650 Schriever Avenue Mather, California 95655-4203 H:\Emergency\BOS.Resolution.RequesttoGovernor.3.10.20.docx RECOMMENDATION(S): CONSIDER, as a responsible agency, the environmental effects of the Oak Park Properties Specific Plan project (the Project), as described in the environmental impact report (EIR) prepared by the City of Pleasant Hill for the Project; and CERTIFY that the Board of Supervisors reviewed and considered the EIR prepared for the Project. ADOPT the CEQA findings for the Project; ADOPT the statement of overriding considerations that supports approval of the Project; ADOPT the mitigation monitoring and reporting program for the Project; and APPROVE the Project. ADOPT Resolution No. 2020/81 authorizing the issuance of a request for proposals (RFP) for the sale of 1750 Oak Park Boulevard, Pleasant Hill (the Property) and fixing May 12, 2020, as the date for receiving proposals. AUTHORIZE the County Librarian to (i) permanently close the Pleasant Hill Library at 1750 Oak Park Boulevard at 6:00 p.m. on June 3, 2020, (ii) notify the public no less than 30 days prior to June 3, 2020, of the closure of the existing library and the opening of a temporary library in Pleasant Hill beginning Monday, June 22, 2020, at a site selected by the City of Pleasant Hill, and (iii) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Karen Laws, 925. 957-2456 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 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:March 10, 2020 Contra Costa County Subject:Sale of County-Owned Property at 1750 Oak Park Blvd.,Pleasant Hill; Permanent Closure of Pleasant Hill Library; Sublease of Temporary Library Location RECOMMENDATION(S): (CONT'D) EXECUTE a sublease with the City of Pleasant Hill for the site of the temporary library. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk. SPECIFY that the Public Works Department, Real Property Division, located at 40 Muir Rd., Martinez, California, is the custodian of the documents and other material that constitutes the record of proceedings upon which the decision of the Board of Supervisors is based. AUTHORIZE the Public Works Director, or designee, to record a covenant or restriction in compliance with Government Code section 54233 against the property located at 1750 Oak Park Blvd. and 75 Santa Barbara Rd., Pleasant Hill. FISCAL IMPACT: There is no fiscal impact to considering proposals for the sale of County-owned property at 1750 Oak Park Boulevard in Pleasant Hill, other than the cost of staff time. Keeping the existing Pleasant Hill Library open through June 2022 would require substantial work to be done on the building’s heating, ventilation and cooling (HVAC) system. The estimated cost of keeping the HVAC system operational through June 2022 is over $350,000. In addition, keeping the building open would require critical electrical maintenance to be performed at an estimated cost of $718,000. The estimated cost to repair the roof if it fails before June 2022 is $1.2 million. BACKGROUND: The County owns two parcels on Oak Park Boulevard in Pleasant Hill. The property located at 1750 Oak Park Boulevard consists of approximately five acres and is the site of the existing Pleasant Hill Library. The property located at 1700 Oak Park Boulevard is undeveloped and consists of approximately ten acres, eight of which are owned by the County and two of which are owned by the Mount Diablo Unified School District (the School District). The property located at 1750 Oak Park Boulevard is the “5-Acre Property” and the property located at 1700 Oak Park Boulevard is the “10-Acre Property.” In December 2006, the County and the School District entered into a joint exercise of powers agreement for the purpose of selling the 10-Acre Property and sharing the proceeds of the sale. The County was successful in identifying a potential buyer and, in 2007, entered into an option agreement under which a developer of single-family homes had the right to purchase the property for $22 million following a due diligence period. After the real estate market collapsed in 2008, the potential buyer elected not to exercise the option and the property remained unsold. Existing Real Property Agreements On July 24, 2018, the Board of Supervisors took three actions affecting the 5-Acre Property and the 10-Acre Property. First, the Board authorized the execution of a Memorandum of Understanding (MOU) between the County, the City of Pleasant Hill (the City), and the Pleasant Hill Recreation and Park District (the Park District) under which the three agencies would work together to maximize the public benefit of both sites. The MOU gave the agencies the opportunity to explore the following potential uses: The City’s development of a portion of the 10-Acre Property as the site of a new City-owned library; the Park District’s development of a portion of the 10-Acre Property as the site of a new recreational area; and the County’s sale of the 5-Acre Property to a builder for residential construction. These three potential projects, now known as the “Oak Park Properties Specific Plan,” are discussed under the heading “California Environmental Quality Act (CEQA)” below. Second, the Board authorized the execution of an Amended and Restated Joint Exercise of Powers Agreement between the County and the School District. Under the amended agreement, the County and the School District would share the proceeds of the sale of the 5-Acre Property, rather than the 10-Acre Property. The County took this step to ensure that the School District would receive maximum value for its contribution of two acres to the 10-Acre Property. Third, the Board authorized the filing of an application with the City of Pleasant Hill for entitlements for the construction of approximately 35 single-family homes on the 5-Acre Property. By obtaining entitlements before selling the property, the County will maximize the value of the property for the benefit of the County and the School District and enable the County to ensure that the resulting development is compatible with the nearby civic projects. Results of Cooperative Efforts Under the MOU Since entering the MOU, the County, the City and the Park District have made considerable progress toward achieving each agency’s civic goals. The City, as the lead Agency under CEQA, has adopted a final environmental impact report. The County’s application for entitlements for the 5-Acre Property is nearing final approval, having been unanimously approved by both the City’s Architectural Review Committee and the City’s Planning Commission. California Environmental Quality Act (CEQA) The City of Pleasant Hill is the lead agency under CEQA for the Oak Park Properties Specific Plan project (the Project). On February 24, 2020, the City Council held a public hearing, certified the final EIR for the Project, amended its General Plan, and adopted the Oak Park Properties Specific Plan. The County is a responsible agency under CEQA for the Project. CEQA Guidelines sections 15091 and 15096 require the Board to consider the environmental impacts of the entire project before approving the Project and before approving any conveyance of property that is a subject of the EIR. The EIR concluded that impacts of the Pleasant Hill Library closure are less than significant because library patrons will have access to two alternative libraries less than 3.1 miles away, and some of the library’s collection will be relocated to a temporary space. The EIR identified one significant unavoidable impact: the demolition of the existing Pleasant Hill Library would cause a substantial adverse change in the significance of a potentially eligible historic resource pursuant to CEQA Guidelines section 15064.5. The EIR recommended mitigation measures for this impact that will be incorporated into the Project. These mitigation measures include preparing a Historic American Building Survey report to record the building through photographs, drawings, and a written description before demolition, and providing a “History of the Libraries of Pleasant Hill” interpretive display at the new library. Even with the implementation of the mitigation measures in the EIR, the impact of the demolition of the Library would remain significant and unavoidable. The benefits of the Project outweigh these unavoidable adverse environmental effects, as specified in the attached Statement of Overriding Considerations. Request for Proposals for the Sale of the 5-Acre Property The 5-Acre Property is a valuable County asset. If the City approves the entitlements for the site, (barring an unforeseen change in market conditions) it is estimated that a sale of the property in the second half of 2020 as an entitled 34-unit single-family residential subdivision would generate $12 - $14 million. Of that amount, the School District would receive approximately $1 million, depending on the final sale price. In accordance with Government Code section 25515.2(f), the attached Resolution No. 2020/81 authorizes the issuance of a request for proposals (RFP) for the sale of the 5-Acre Property and fixes May 12, 2020, as the date for receiving proposals. Beginning the RFP process now will allow the County sufficient time to evaluate responses. It also allows the selected proposer sufficient time to complete due diligence and close prior to end of this year’s construction period. Library Closure and Temporary Operations Approval of the Project will result in the current Pleasant Hill Library being permanently closed and the existing library building being demolished. It will also result in the County providing library services in Pleasant Hill at a temporary location selected by the City of Pleasant Hill until the City completes the construction of the new City-owned library. The City advises that it expects construction of the new City-owned library to be complete in late 2021. Staff recommends that the Board authorize the County Librarian to (i) permanently close the existing Pleasant Hill Library at 6:00 p.m. on June 3, 2020, (ii) notify the public no less than 30 days prior to June 3, 2020, of the closure of the existing library and the opening of a temporary library in Pleasant Hill beginning Monday, June 22, 2020, at a site selected by the City of Pleasant Hill, and (iii) execute a sublease with the City of Pleasant Hill for the site of the temporary library. Staff’s recommendation is based on the following considerations: Safety. Closing the exiting library while construction of the new library and various infrastructure improvements are undertaken nearby will maximize public safety, especially the safety of the students attending neighboring Pleasant Hill Middle School. In the interest of health and safety, exposure to the noise, dust, heavy equipment in operation, traffic congestion and other activities that are inherent in a project of this magnitude, should be avoided as much as possible by staff, library patrons and students throughout the construction period. 1. Minimizing Neighborhood Disruption. Closing the existing library during construction of the new library also permits construction of the residential portion of the project to proceed in tandem with the construction of the new library. This will minimize the length of time that the neighborhood is disrupted by the inconveniences that can result from new construction, such as dust, noise, and traffic congestion. 2. Financial Implications. The County, the City and the Park District are each expected to contribute to the cost of infrastructure improvements, including improvements to Monticello Avenue, Oak Park Boulevard and drainage improvements. At present, the County expects its contribution to be approximately $3 million, a significant portion of the total cost of the anticipated infrastructure improvements. The only source of funds available to the County for this purpose are funds that result from the sale of property as part of the overall project. In addition, the County has an obligation to maximize the value of the 5-Acre Property for the benefit of ALL County residents. A delay in the sale of the 5-Acre Property could adversely affect 3. the anticipated sales price for the property, which would translate into not only reduced revenue to the County but less money being available to the School District. The County is responsible for providing library services to those cities that participate in the Contra Costa County Library system. When the County operates a library at a site that is not owned by the County, it is the city’s responsibility to provide a facility for the library. As a temporary location for the library while its new library is constructed, the City of Pleasant Hill is considering leasing approximately 1,200 square feet at the Pleasant Hill Senior Center and additional space at the nearby Pleasant Hill Teen Center. These locations would provide library services 44 hours per week, Monday through Saturday, which is one more hour than the current library is open. It is not uncommon for cities to relocate the library to a temporary facility during renovation or construction of a new library. For example, Brentwood, Martinez, San Ramon and Walnut Creek have all used temporary locations in the past. During Pleasant Hill’s transition to a new library, the City and County are collaborating to ensure continuity of available library services to the greatest extent possible. To that end, the County will provide more programming than usual in a library the size of the anticipated temporary site. At the Senior Center, the County will offer a collection of 10,000 books and DVDs, some seating, print and Wi-Fi services and holds pickup. In addition, the County will provide laptop computers for access to online resources. And story times will be offered weekly at the Teen Center and “family night” programs will be held monthly at the Senior Center. Potential Cost Savings from Library Closure The cost of operating the existing Pleasant Hill Library for the two fiscal years that begin July 1, 2020, is projected to be $3,038,969. Included in this figure are salaries and benefits, books and other collections, electronic databases, general office expenses, facility maintenance and shared services allocation (interlibrary delivery, IT, technical services, collection management, reading and literacy programs and administration). The City’s cost is estimated to be an additional $420,868. By closing the existing library in June 2020, it is estimated that there will be $800,000-$1 million in savings. These savings could be set aside for the Contra Costa County Library collection to be housed in the new Pleasant Hill Library. If the savings were to be used for this purpose, the new Pleasant Hill Library will open with approximately 72,000 books and other items, including the collection from the temporary library. The County will continue to purchase new books and materials while operating the temporary library. CONSEQUENCE OF NEGATIVE ACTION: If the proposed actions are not approved, the project will not move forward. CLERK'S ADDENDUM Speakers: Darcy Mathews, resident of Pleasant Hill; Daniel Safran, Keep Our Library Open (KOLO) commentary read into record; Karen Yapp, resident of Pleasant Hill; Teresa LaCombe, resident of Pleasant Hill; Richard Offerman, KOLO; Elaine Hannah, KOLO; Jim Dexter, KOLO; Nancy Evans, KOLO; Howard Weisman, M.D.; Deborah Donovan, KOLO. Written commentary was received from (attached): Howard Weisman, M.D.; Deborah Donovan, Esq.; Trevor Ward; Dan and Sharon Fisher; Karen Yapp; Inkee; Shira Steinbeck; Barry Mogerman; Dick Offerman; Linda Marie John; Yeh Tung; Hava Kimmel. AGENDA ATTACHMENTS Resolution No. 2020/81 Draft EIR 1of 4 Draft EIR 2 of 4 Draft EIR 3 of 4 Draft EIR 4 of 4 Final EIR Specific Plan PUD Concept Plans CEQA, MMRP, Statement of Overriding Considerations MINUTES ATTACHMENTS Signed Resolution No. 2020/81 Correspondence Received Recorded at the request of:Karen Laws, Real Property Agent Return To:Karen Laws, Public Works Real Estate Division, 255 Glacier Drive, Martinez, CA 94553 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 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. 2020/81 IN THE MATTER OF: Resolution of intention to consider proposals for the development of County property located at 1750 Oak Park Blvd. and 75 Santa Barbara Rd., Pleasant Hill. WHEREAS, Contra Costa County owns property located in the City of Pleasant Hill as follows: approximately 4.8 acres located at 1750 Oak Park Blvd. and 75 Santa Barbara Rd., also known as Assessor Parcel No. 149-271-014-8 (the Property). WHEREAS, The County has determined that the Property is not presently required for the County’s use. WHEREAS, The County desires to consider proposals for the sale and development of the Property for residential uses that will maximize the value of the Property. WHEREAS, The County is authorized by applicable laws, including Government Code sections 25515 through 25515.5, to market the Property using a request for proposals process. WHEREAS, The County desires to issue a request for proposals with proposals to be received at a public meeting of the Board of Supervisors as described below. WHEREAS, The County must adopt this resolution pursuant to Government Code section 25515.2(f) before authorizing the sale and development of the Property. NOW, THEREFORE, BE IT RESOLVED the Contra Costa County Board of Supervisors resolves as follows: 1. The Board of Supervisors declares its intention to consider proposals for the sale and development of the Property for residential purposes. 2. The request for proposals will be available from and shall be submitted to the County’s Public Works Department, Real Estate Division, 40 Muir Road, Martinez, California, 94553. 3. All responses to the request for proposals for the Property shall be submitted in conformance with requirements determined by the County’s Public Works Department, Real Estate Division. 4. The deadline for submitting a response to the request for proposals is May 12, 2020, at 9:00 a.m. At that time, all proposals submitted to the Public Works Department, Real Estate Division, will be received by the Board of Supervisors at a regular meeting in the Board chambers, located at 651 Pine St., Martinez, California, 94553. regular meeting in the Board chambers, located at 651 Pine St., Martinez, California, 94553. 5. Notice of adoption of this resolution and the time and place of the May 12, 2020, public meeting where proposals will be received shall be published at least once a week for three weeks before the public meeting. 6. The Board of Supervisors reserves the right to reject any and all proposals. Contact: Karen Laws, 925. 957-2456 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA WWW.FIRSTCARBONSOLUTIONS.COM DRAFT Environmental Impact Report Oak Park Properties Specific Plan Pleasant Hill, California State Clearinghouse Number: 2018112058 Prepared for: City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 925.671.5224 Contact: Troy Fujimoto, Acting City Planner Prepared by: FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 925.357.2562 Contacts: Mary Bean, Project Director Kelsey Bennett, Sr. Project Manager Date: August 30, 2019 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Table of Contents FirstCarbon Solutions iii Table of Contents Acronyms and Abbreviations ......................................................................................................... xi Executive Summary ................................................................................................................... ES-1 Purpose ................................................................................................................................. ES-1 Project Summary .................................................................................................................. ES-1 Significant Unavoidable Adverse Impacts ............................................................................ ES-4 Summary of Project Alternatives .......................................................................................... ES-4 Areas of Concern .................................................................................................................. ES-5 Public Review of the Draft EIR .............................................................................................. ES-6 Executive Summary Matrix ................................................................................................... ES-7 Chapter 1: Introduction ............................................................................................................... 1-1 1.1 - Project Overview ............................................................................................................ 1-1 1.2 - Environmental Review Process ....................................................................................... 1-2 1.3 - Purpose and Legal Authority .......................................................................................... 1-3 1.4 - Organization of the EIR ................................................................................................. 1-11 1.5 - Documents Incorporated by Reference ........................................................................ 1-14 Chapter 2: Project Descriptions ................................................................................................... 2-1 2.1 - Specific Plan Location and Setting .................................................................................. 2-2 2.2 - Specific Plan Objectives ................................................................................................ 2-12 2.3 - Specific Plan Components ............................................................................................ 2-13 2.4 - Required Actions and Approvals .................................................................................. 2-54 2.5 - Intended Uses of This Draft EIR .................................................................................... 2-56 Chapter 3: Environmental Impact Analysis .................................................................................. 3-1 Environmental Topics Addressed in this EIR ........................................................................... 3-1 Format of the Environmental Analysis ................................................................................... 3-1 3.1 - Aesthetics .................................................................................................................... 3.1-1 3.2 - Air Quality .................................................................................................................... 3.2-1 3.3 - Biological Resources .................................................................................................... 3.3-1 3.4 - Cultural and Tribal Cultural Resources ........................................................................ 3.4-1 3.5 - Geology and Soils ........................................................................................................ 3.5-1 3.6 - Greenhouse Gas Emissions and Energy ...................................................................... 3.6-1 3.7 - Hazards, Hazardous Materials, and Wildfire ............................................................... 3.7-1 3.8 - Hydrology and Water Quality ...................................................................................... 3.8-1 3.9 - Land Use and Planning ................................................................................................ 3 .9-1 3.10 - Noise ........................................................................................................................ 3.10-1 3.11 - Population and Housing .......................................................................................... 3.11-1 3.12 - Public Services ......................................................................................................... 3.12-1 3.13 - Recreation ............................................................................................................... 3.13-1 3.14 - Transportation ......................................................................................................... 3.14-1 3.15 - Utilities and Service Systems ................................................................................... 3.15-1 Chapter 4: Effects Found Not To Be Significant ............................................................................ 4-1 4.1 - Introduction .................................................................................................................... 4-1 4.2 - Effects Found Not To Be Significant ................................................................................ 4-1 Chapter 5: Other CEQA Considerations ........................................................................................ 5-1 5.1 - Significant Unavoidable Impacts .................................................................................... 5-1 City of Pleasant Hill—Oak Park Properties Specific Plan Table of Contents Draft EIR iv FirstCarbon Solutions 5.2 - Growth-Inducing Impacts .............................................................................................. 5-1 5.3 - Significant Irreversible Environmental Changes............................................................. 5-3 Chapter 6: Alternatives ............................................................................................................... 6-1 6.1 - Introduction ................................................................................................................... 6-1 6.2 - Significant and Unavoidable Impacts ............................................................................. 6-1 6.3 - Alternatives to the Proposed Plan ................................................................................. 6-2 6.4 - Project Objectives .......................................................................................................... 6-3 6.5 - Alternative 1—No Project, No Development Alternative .............................................. 6-5 6.6 - Alternative 2—Code Compliant Alternative ................................................................ 6-12 6.7 - Alternative 3—Partial Historic Preservation Alternative ............................................. 6-22 6.8 - Environmentally Superior Alternative .......................................................................... 6-30 6.9 - Alternatives Considered but Rejected from Further Consideration ............................ 6-32 Chapter 7: List of Preparers and Contributors .............................................................................. 7-1 7.1 - CEQA Lead Agency ......................................................................................................... 7-1 7.2 - Other Agency CEQA Support.......................................................................................... 7-1 7.3 - Project Sponsors ............................................................................................................ 7-2 7.4 - Consultants .................................................................................................................... 7-2 List of Appendices Appendix A: EIR Noticing and Public Involvement Appendix B: Lighting Peer Review Memo Appendix C: Air Quality, GHG Emissions, and Energy Supporting Information Appendix D: Biological Resources Supporting Information D.1 - Wetland Assessment Due Diligence Memo D.2 - Database Searches and Soils Map D.3 - Special-status Species Tables D.4 - California Red-Legged Frog Habitat Assessment D.5 - Arborist Report D.6 - Waters of the United States Jurisdictional Delineation Appendix E: Cultural and Tribal Cultural Resources Supporting Information E.1 - Historic Resource Evaluation Report E.2 - NWIC Records Search Results E.3 - NAHC and Tribal Correspondence E.4 - Pedestrian Survey Photographs Appendix F: Geology and Soils Geotechnical Supporting Information F.1 - Geotechnical Report for 1750 Oak Park Boulevard F.2 - Geotechnical Report for 1700 Oak Park Boulevard F.3 - Paleontological Resources Paleo Report Appendix G: Hazards and Hazardous Materials Supporting Information G.1 - Phase I ESA for 1750 Oak Park Boulevard G.2 - Asbestos and Lead Based Paint Sampling Report, 1750 Oak Park Boulevard G.3 - Phase I ESA for 1700 Oak Park Boulevard, February 14, 2018 G.4 - Phase I ESA for 1700 Oak Park Boulevard, November 20, 2000 G.5 - Phase II Environmental Site Assessment for 1700 Oak Park Boulevard City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Table of Contents FirstCarbon Solutions v Appendix H: Floodplain Evaluation Appendix I: Noise Supporting Information Appendix J: Transportation Impact Assessment Appendix K: Oak Park Properties Draft Specific Plan List of Tables Table ES-1: Executive Summary Matrix ............................................................................................. ES-9 Table 1-1: Summary of EIR Scoping Comments ................................................................................... 1-4 Table 3-1: Cumulative Projects ............................................................................................................ 3-4 Table 3.1-1: Summary of Viewpoint Locations for Existing Views .................................................... 3.1-4 Table 3.1-2: Development Standards, Proposed Park .................................................................... 3.1-20 Table 3.1-3: Development Standards, Proposed Library ................................................................ 3.1-21 Table 3.1-4: Residential Development Standards ........................................................................... 3.1-22 Table 3.1-5: Parking and Loading Development Standards, Residential ........................................ 3.1-23 Table 3.2-1: Description of Criteria Air Pollutants of National and California Concern .................... 3.2-3 Table 3.2-2: Description of Toxic Air Contaminants of National and California Concern ................. 3.2-6 Table 3.2-3: Federal and State Air Quality Standards ....................................................................... 3 .2-9 Table 3.2-4: San Francisco Bay Area Air Basin Attainment Status .................................................. 3.2-11 Table 3.2-5: Air Quality Index and Health Effects from Ozone ....................................................... 3.2-11 Table 3.2-6: Air Quality Monitoring Summary ................................................................................ 3.2-13 Table 3.2-7: Existing Air Pollutant Emissions Stationary Source(s) in Vicinity of the Plan Area ............................................................................................................................. 3.2-15 Table 3.2-8: Existing Air Pollutant Emissions at the Plan Area ....................................................... 3.2-16 Table 3.2-9: Conceptual Construction Schedule ............................................................................. 3.2-27 Table 3.2-10: Proposed Plan Construction Equipment Assumptions for all Phases of Construction ................................................................................................................ 3.2-29 Table 3.2-11: Construction Off-site Vehicle Trips ........................................................................... 3.2-31 Table 3.2-12: BAAQMD Odor Screening-level Distances Thresholds.............................................. 3.2-34 Table 3.2-13: BAAQMD Thresholds of Significance ........................................................................ 3.2-35 Table 3.2-14: Clean Air Plan Control Measures Consistency Analysis ............................................ 3.2-39 Table 3.2-15: Proposed Plan Construction Annual and Daily Average Emissions (Unmitigated) .............................................................................................................. 3.2-44 Table 3.2-16: Proposed Plan Operation Annual Emissions (Unmitigated) ..................................... 3.2-45 Table 3.2-17: Proposed Plan Operation Average Daily Emissions (Unmitigated) ........................... 3.2-46 City of Pleasant Hill—Oak Park Properties Specific Plan Table of Contents Draft EIR vi FirstCarbon Solutions Table 3.2-18: Proposed Plan Construction DPM (as PM2.5 Exhaust) and Total PM2.5 Emissions .................................................................................................................... 3.2-50 Table 3.2-19: Exposure Assumptions for Cancer Risk .................................................................... 3.2-51 Table 3.2-20: Proposed Plan Construction Health Risks and Hazards (Unmitigated) .................... 3.2-53 Table 3.2-21: Proposed Plan Construction Health Risks and Hazards (Mitigated) ......................... 3.2-54 Table 3.2-22: Cumulative Construction Air Quality Health Impacts at the MIR............................. 3.2-60 Table 3.2-23: Cumulative Operation Air Quality Health Impacts at the Plan Area ........................ 3.2-61 Table 3.3-1: Tree Species in the Plan Area ..................................................................................... 3.3-11 Table 3.3-2: Seed Mix for Temporary Disturbance Area ................................................................ 3.3-32 Table 3.4-1: Recorded Cultural Resources within a 0.5-mile Radius of the Plan Area Boundaries .................................................................................................................... 3.4-8 Table 3.4-2: Previous Investigations within a 0.5-mile Radius of the Plan Area Boundaries ........... 3.4-8 Table 3.5-1: Approximate Probability of Occurrence of Earthquake on Bay Area Faults ................. 3.5-3 Table 3.6-1: Description of Greenhouse Gases of California Concern ............................................. 3.6-5 Table 3.6-2: 2011 County Emissions Breakdown by Sector (MMT CO2e/Year) .............................. 3.6-12 Table 3.6-3: 2005 Unincorporated County Baseline by Sector (excluding Stationary Source Emissions) ....................................................................................................... 3.6-12 Table 3.6-4: Existing Plan Area GHG Emissions .............................................................................. 3.6-13 Table 3.6-5: Unmitigated Proposed Plan Construction GHG Emissions ......................................... 3.6-50 Table 3.6-6: Unmitigated Proposed Plan Operational GHG Emissions .......................................... 3.6-51 Table 3.6-7: Mitigated Proposed Plan Operational GHG Emissions ............................................... 3.6-52 Table 3.6-8: AB 32 (ARB-adopted 2008 Scoping Plan) Consistency Analysis ................................. 3.6-55 Table 3.6-9: SB 32 (ARB-adopted 2017 Climate Change Scoping Plan Update) Consistency Analysis ....................................................................................................................... 3.6-59 Table 3.9-1: Plan Area Assessor’s Parcels ......................................................................................... 3.9-2 Table 3.9-2: Surrounding Land Use Designations ............................................................................ 3.9-4 Table 3.9-3: Permitted Uses ........................................................................................................... 3.9-11 Table 3.9-4: Development Standards, Proposed Park .................................................................... 3.9-13 Table 3.9-5: Development Standards, Proposed Library ................................................................ 3.9-13 Table 3.9-6: Development Standards, Residential ......................................................................... 3.9-14 Table 3.9-7: Parking and Loading Development Standards, Residential ........................................ 3.9-15 Table 3.9-8: Pleasant Hill 2003 General Plan Consistency Analysis ............................................... 3.9-19 Table 3.10-1: Typical A-Weighted Noise Levels .............................................................................. 3.10-2 Table 3.10-2: Sound Terminology ................................................................................................... 3.10-3 Table 3.10-3: Typical Construction Equipment Maximum Noise Levels, Lmax ................................ 3.10-5 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Table of Contents FirstCarbon Solutions vii Table 3.10-4: Vibration Levels of Construction Equipment ............................................................ 3.10-7 Table 3.10-5: Existing Noise Level Measurements in the Vicinity of the Plan Area ..................... 3.10-10 Table 3.10-6: Existing Traffic Noise Levels in the Vicinity of the Plan Area .................................. 3.10-10 Table 3.10-7: Federal Transit Administration Construction Vibration Impact Criteria ................. 3.10-13 Table 3.10-8: Plan Traffic Noise Modeling Results Summary ....................................................... 3.10-30 Table 3.11-1: City of Pleasant Hill Historic Population Growth ...................................................... 3.11-2 Table 3.11-2: City of Pleasant Hill Projected Population Growth ................................................... 3.11-2 Table 3.11-3: City of Pleasant Hill Historic Housing Unit Growth ................................................... 3.11-3 Table 3.12-1: Fire Stations Proximate to Project Site ..................................................................... 3.12-2 Table 3.12-2: MDUSD Enrollment ................................................................................................... 3.12-4 Table 3.12-3: Libraries within the Contra Costa County Library Service Area Near the Project Site .................................................................................................................. 3.12-5 Table 3.13-1: Community Parks within 3 miles of Plan Area .......................................................... 3.13-3 Table 3.14-1: Signalized LOS Criteria for Intersections ................................................................... 3.14-7 Table 3.14-2: Existing Daily Traffic Volumes ................................................................................. 3.14-13 Table 3.14-3: Existing Peak-hour Intersection Level of Service .................................................... 3.14-14 Table 3.14-4: Existing Intersection Turn-lane Queues .................................................................. 3.14-16 Table 3.14-5: Existing Average Trip Lengths .................................................................................. 3.14-26 Table 3.14-6: Existing Parking Conditions ..................................................................................... 3.14-27 Table 3.14-7: Proposed Plan Trip Generation ............................................................................... 3.14-40 Table 3.14-8: Proposed Plan Trip Generation by Project .............................................................. 3.14-42 Table 3.14-9: Existing Plus Plan Construction Conditions—AM Peak-hour Intersection Levels of Service ........................................................................................................ 3.14-51 Table 3.14-10: Existing Plus Plan Operational Conditions—Peak-hour Intersection Levels of Service .................................................................................................................. 3.14-53 Table 3.14-11: Existing Plus Plan Conditions—95th Percentile Queue Summary at Signalized Intersections ............................................................................................. 3.14-57 Table 3.14-12: Automobile Parking Requirements and Proposed Supply .................................... 3.14-60 Table 3.14-13: Cumulative Conditions—Peak-hour Intersection Levels of Service ...................... 3.14-71 Table 3.14-14: Cumulative Conditions—95th Percentile Queue Summary at Signalized Intersections ............................................................................................................. 3.14-73 Table 3.15-1: CCWD Current and Future Water Supply Sources .................................................... 3.15-2 Table 3.15-2: Landfills Serving Contra Costa County Summary .................................................... 3.15-13 Table 3.15-3: Operational Solid Waste Generation-By Project ..................................................... 3.15-34 Table 6-1: No Project, No Development Alternative Trip Generation ............................................... 6-11 City of Pleasant Hill—Oak Park Properties Specific Plan Table of Contents Draft EIR viii FirstCarbon Solutions Table 6-2: Code Compliant Alternative Trip Generation ................................................................... 6-20 Table 6-3: Partial Historic Preservation Alternative Trip Generation ................................................ 6-29 Table 6-4: Summary of Alternatives’ Impacts ................................................................................... 6-30 Table 6-5: Summary of Alternatives’ Meeting of Project Objectives ................................................ 6-32 List of Exhibits Exhibit 2-1: Regional Location Map .................................................................................................... 2-3 Exhibit 2-2: Local Vicinity Map ............................................................................................................ 2-5 Exhibit 2-3: Existing General Plan Land Use Designations .................................................................. 2-9 Exhibit 2-4: Existing Zoning Code Designations ................................................................................ 2-15 Exhibit 2-5: Existing Ownership......................................................................................................... 2-17 Exhibit 2-6: Surrounding Land Uses .................................................................................................. 2-19 Exhibit 2-7: Boundaries of Civic Project and Residential Project ...................................................... 2-21 Exhibit 2-8: Conceptual Site Plans ..................................................................................................... 2-23 Exhibit 2-9: Civic Project, Proposed Library—Conceptual Elevation ................................................. 2-25 Exhibit 2-10a: Civic Project, Proposed Library, Representative Illustration ...................................... 2-27 Exhibit 2-10b: Civic Project, Proposed Library, Representative Illustration ...................................... 2-29 Exhibit 2-11: Grayson Creek Improvements ..................................................................................... 2-37 Exhibit 2-12a: Residential Project—Farmhouse Style Conceptual Elevation .................................... 2-43 Exhibit 2-12b: Residential Project—Craftsman Style Conceptual Elevation ..................................... 2-45 Exhibit 2-12c: Residential Project—Cottage Style Conceptual Elevation .......................................... 2-47 Exhibit 2-12d: Residential Project—Spanish Style Conceptual Elevation ......................................... 2-49 Exhibit 2-13: Proposed General Plan Land Use Designations ........................................................... 2-57 Exhibit 2-14: Proposed Zoning Code Designations ........................................................................... 2-59 Exhibit 2-15: Proposed Ownership ................................................................................................... 2-61 Exhibit 3-1: Cumulative Projects Location Map .................................................................................. 3-7 Exhibit 3.1-1: Viewpoint Location Map ............................................................................................ 3.1-5 Exhibit 3.1-2: Existing Daytime and Nighttime View 1 ..................................................................... 3.1-7 Exhibit 3.1-3: Existing Daytime and Nighttime View 2 ..................................................................... 3.1-9 Exhibit 3.1-4: Existing Daytime and Nighttime View 3 ................................................................... 3.1-11 Exhibit 3.1-5: Existing Daytime and Nighttime View 4 ................................................................... 3.1-13 Exhibit 3.1-6: Proposed Nighttime Views 1 and 2 .......................................................................... 3.1-33 Exhibit 3.1-7: Proposed Nighttime Views 3 and 4 .......................................................................... 3.1-35 Exhibit 3.3-1: Existing Habitat within Plan Area ............................................................................... 3.3-5 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Table of Contents FirstCarbon Solutions ix Exhibit 3.5-1: Regional Fault Map ..................................................................................................... 3.5-5 Exhibit 3.8-1: FEMA Special Flood Hazard Areas .............................................................................. 3.8-5 Exhibit 3.8-2: Existing 100-year and 500-year Floodplains ............................................................... 3.8-7 Exhibit 3.8-3: Existing Pervious Versus Impervious Surfaces ............................................................ 3.8-9 Exhibit 3.8-4: Proposed Pervious Versus Impervious Surfaces ....................................................... 3.8-23 Exhibit 3.8-5: Proposed 100-year and 500-year Floodplains .......................................................... 3.8-27 Exhibit 3.10-1: Noise Measurement Location Map ...................................................................... 3.10-15 Exhibit 3.10-2: Acceptable Noise Levels ....................................................................................... 3.10-17 Exhibit 3.13-1: Parks Within 3-miles of the Plan Area .................................................................... 3.13-5 Exhibit 3.14-1: Study Area Intersection Location Map ................................................................... 3.14-5 Exhibit 3.14-2: Existing Peak-hour Volumes ................................................................................... 3.14-9 Exhibit 3.14-3: Existing Peak-hour Bicycle and Pedestrian Volumes ............................................ 3.14-11 Exhibit 3.14-4: Existing Daily Roadway Segment Volumes ........................................................... 3.14-17 Exhibit 3.14-5: Existing Transit Facilities ....................................................................................... 3.14-21 Exhibit 3.14-6: Existing Bicycle Facilities ....................................................................................... 3.14-23 Exhibit 3.14-7: Parking Survey Locations ...................................................................................... 3.14-29 Exhibit 3.14-8: Weekday Parking Occupancy ............................................................................... 3.14-31 Exhibit 3.14-9: Saturday Parking Occupancy ................................................................................ 3.14-33 Exhibit 3.14-10: Proposed Plan Trip Distribution ......................................................................... 3.1 4-43 Exhibit 3.14-11: Proposed Plan Trip Assignment .......................................................................... 3.14-45 Exhibit 3.14-12: Existing Plus Plan Peak Hour Volumes ................................................................ 3.14-55 Exhibit 3.14-13: Cumulative Plus Plan Peak Hour Traffic Volumes ............................................... 3.14-75 Exhibit 3.15-1: Existing Storm Drainage System ............................................................................. 3.15-9 Exhibit 3.15-2: Proposed Storm Drainage and Detention System ................................................ 3.15-27 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Acronyms and Abbreviations FirstCarbon Solutions xi ACRONYMS AND ABBREVIATIONS °C degrees Celsius (Centigrade) °F degrees Fahrenheit µg/m3 micrograms per cubic meter AAQS Ambient Air Quality Standards AB Assembly Bill ABAG Association of Bay Area Governments ACHP Advisory Council on Historic Preservation ACLUP Airport Comprehensive Land Use Plan ACM asbestos-containing material ACP Alternative Compliance Plan AD anno domini ADA Americans with Disabilities Act ADT average daily traffic ADU accessory dwelling units AERMOD American Meteorological Society/Environmental Protection Agency Regulatory Model AF acre-foot AFY acre-feet/year AIA Airport Influence Area AIC Archaeological Information Center AICUZ Air Installation Compatibility Use Zone AIRFA American Indian Religious Freedom Act ALUC Airport Land Use Commission APCD Air Pollution Control District APE Area of Potential Effect APN Assessor’s Parcel Number AQI Air Quality Index AQMD Air Quality Management District AQP Air Quality Plan ARB California Air Resources Board ARPA Archaeological Resources Protection Act AST aboveground storage tank ATCM Airborne Toxic Control Measures BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit BAU Business as Usual City of Pleasant Hill—Oak Park Properties Specific Plan Acronyms and Abbreviations Draft EIR xii FirstCarbon Solutions BC before Christ BCDC Bay Conservation and Development Commission BCE before Common Era BCF billion cubic feet BCF/year billion cubic feet per year BMP Best Management Practice BTU British thermal unit BVOC biogenic volatile organic compound C02 carbon dioxide CAA Clean Air Act CA FID California Facility Inventory Database CAAQS California Ambient Air Quality Standards CalEEMod California Emissions Estimator Model CAL FIRE California Department of Forestry and Fire Protection Cal/EPA California Environmental Protection Agency CALGreen California Green Building Standards Code Cal/OSHA California Occupational Health and Safety Administration CalRecycle California Department of Resources Recycling and Recovery Caltrans California Department of Transportation CAP Climate Action Plan CAPCOA California Air Pollution Control Officers Association CBC California Building Standards Code CBPP Countywide Bicycle and Pedestrian Plan CCAA California Clean Air Act CCCC California Climate Change Center CCCFPD Contra Costa County Fire Protection District CCCWP Contra Costa Clean Water Program CCEH Contra Costa Environmental Health CCHMP Contra Costa Hazard Mitigation Plan CCR California Code of Regulations CCTA Contra Costa Transportation Authority CCTS Central California Taxonomic System CCWD Contra Costa Water District CDF California Department of Finance CDFW California Department of Fish and Wildlife CE Common Era Central San Central Contra Costa County Sanitation District CEQA California Environmental Quality Act City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Acronyms and Abbreviations FirstCarbon Solutions xiii CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act CFC chlorofluorocarbon CFR Code of Federal Regulations cfs cubic feet per second CH4 methane CHL California Historical Landmarks CHRIS California Historical Resources Information System CIP Capital Improvement Program CMA Congestion Management Agency CMP Congestion Management Plan CNDDB California Natural Diversity Database CNEL community noise equivalent level CNPS California Native Plant Society CO carbon monoxide CO2 carbon dioxide CO4 methane CO2e carbon dioxide equivalent CPHI California Points of Historical Interest CPT Cone Penetration Testing CPTED Crime Prevention Through Environmental Design CPUC California Public Utilities Code CRHR California Register of Historical Resources CTR California Toxics Rule CUPA Certified Unified Program Agency CWA Clean Water Act dB decibel dBA A-weighted decibel DBH diameter at breast height DNL Day-Night Level DOT United States Department of Transportation DPM diesel particulate matter DPR California Department of Parks and Recreation DTSC California Department of Toxic Substances Control DWR California Department of Water Resources EBMUD East Bay Municipal Utilities District EBRPD East Bay Regional Park District EIR Environmental Impact Report City of Pleasant Hill—Oak Park Properties Specific Plan Acronyms and Abbreviations Draft EIR xiv FirstCarbon Solutions EMFAC Emission Factor EOC Emergency Operations Center EOP Emergency Operations Plan EPA United States Environmental Protection Agency ESA Environmental Site Assessment ESL environmental screening levels EV electric vehicle FAA Federal Aviation Administration FAR floor area ratio FCS FirstCarbon Solutions FEMA Federal Emergency Management Agency FESA Federal Endangered Species Act FHSZ Fire Hazard Severity Zone FHWA Federal Highway Administration FIRM Flood Insurance Rate Map FTA Federal Transit Administration GHG greenhouse gas GMP Groundwater Management Plan gpm gallons per minute GVWR gross vehicle weight rating GWh gigawatt-hours GWh/y gigawatt-hours per year GWP global warming potential HABS Historic American Building Survey HAZNET Hazardous Waste Information System HCD California Department of Housing and Community Development HCM Highway Capacity Manual HFC hydrofluorocarbon HMBP Hazardous Materials Business Plan HMMRP Habitat Mitigation Monitoring and Reporting Plan HMP Hazard Mitigation Plan HMUPA Hazardous Materials Unified Program Agency HOV/HOT High Occupancy Vehicle/High Occupancy Toll HRA Health Risk Assessment HRI California Historic Resources Inventory HSC Health and Safety Code HVAC heating, ventilation, and air conditioning HWCL Hazardous Waste Control Law City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Acronyms and Abbreviations FirstCarbon Solutions xv IPCC United Nations Intergovernmental Panel on Climate Change ITE Institute of Transportation Engineers kW kilowatt kWh kilowatt-hour LCFS Low Carbon Fuel Standard Ldn day/night average sound level LED light emitting diode Leq equivalent sound level LEV Low-Emission Vehicle LID Low Impact Development Lmax maximum noise/sound level LOS Level of Service LSE load-serving entities LUST Leaking Underground Storage Tank MBTA Migratory Bird Treaty Act MDUSD Mount Diablo Unified School District mgd million gallons per day MLD most likely descendant MMI Modified Mercalli Intensity mph miles per hour MS4 Municipal Separate Storm Sewer System MSL mean sea level MT metric ton MMT million metric ton MTC Metropolitan Transportation Commission MTS Metropolitan Transportation System MW megawatt MWh megawatt hour MXD mixed-use development N2O nitrous oxide NAAQS National Ambient Air Quality Standards NAGPRA Native American Graves Protection and Repatriation Act NAHC Native American Heritage Commission NDC nationally determined contributions NEPA National Environmental Policy Act NESHAP National Emissions Standards for Hazardous Air Pollutants NF3 nitrogen trifluoride NFHL National Flood Hazard Layer City of Pleasant Hill—Oak Park Properties Specific Plan Acronyms and Abbreviations Draft EIR xvi FirstCarbon Solutions NFIP National Flood Insurance Program NFPA National Fire Protection Association NHPA National Historic Preservation Act NHTSA National Highway Traffic Safety Administration NO2 nitrogen dioxide NOAA National Marine Fisheries Service NOC Notice of Completion NOP Notice of Preparation NOx oxides of nitrogen NPPA California Native Plant Protection Act NPDES National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NTR National Toxics Rule NWIC Northwest Information Center O3 ozone OA Operational Area OAL Office of Administrative Law OEHHA California Office of Environmental Health Hazard Assessment OES Office of Emergency Services ONAC Federal Office of Noise Abatement and Control OPR Office of Planning and Research OSHA Occupational Safety and Health Administration PCB polychlorinated biphenyl pCi/L picocuries per liter PFC perfluorocarbon PG&E Pacific Gas & Electricity PGI Pari & Gershon, Inc. PHF peak-hour factor PHPD Pleasant Hill Police Department PLS Palletized Load System PM10 particulate matter, including dust, 10 micrometers or less in diameter PM2.5 particulate matter, including dust, 2.5 micrometers or less in diameter ppb parts per billion ppm parts per million ppt parts per trillion PPV peak particle velocity PRC Public Resources Code City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Acronyms and Abbreviations FirstCarbon Solutions xvii PUD Planned Unit District PVC polyvinyl chloride RCRA Resource Conservation and Recovery Act REC Recognized Environmental Condition RecycleSmart Central Contra Costa County Solid Waste Authority RHNA Regional Housing Needs Allocation RMP Risk Management Plan rms root means square ROG reactive organic gases RPD Recreation and Park District RWQCB Regional Water Quality Control Board SARA Superfund Amendments and Reauthorization Act SB Senate Bill SCAQMD South Coast Air Quality Management District SF6 sulfur hexafluoride SFBAAB San Francisco Bay Area Air Basin SFHA Special Flood Hazard Area SFPUC San Francisco Public Utilities Commission SHPO State Historic Preservation Office SIP State Implementation Plan SLCP short-lived climate pollutant SO2 sulfur dioxide SPCC Spill Prevention, Control, and Countermeasure SR State Route State Water Board State Water Resources Control Board SWEEP State Water Efficiency ad Enhancement Program SWPPP Storm Water Pollution Prevention Plan TAC toxic air contaminants TCM transportation control measures TDM Transportation Demand Management TDS total dissolved solids Tg teragram therms/y therms per year TIA Transportation Impact Analysis TMA Transportation Management Association TMDL Total Maximum Daily Load TOD Transit Oriented Development UCMP University of California Museum of Paleontology City of Pleasant Hill—Oak Park Properties Specific Plan Acronyms and Abbreviations Draft EIR xviii FirstCarbon Solutions UFC Uniform Fire Code UGB Urban Growth Boundary UNFCCC United Nations Framework Convention on Climate Change USACE United States Army Corps of Engineers USDA United States Department of Agriculture USFWS United States Fish and Wildlife Service USGS United States Geological Survey UST underground storage tank UWMP Urban Water Management Plan V/C volume to capacity ratio VdB velocity in decibels VDECS Verified Diesel Emission Control Strategies VMT vehicle miles traveled VOC volatile organic compounds WDR Waste Discharge Requirement WEAP Worker Environmental Awareness Program WMP Waste Management Plan WSA Water Supply Assessment WTP Water Treatment Plant WWTP Wastewater Treatment Plant ZEV zero-emission vehicles City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-1 EXECUTIVE SUMMARY Purpose This Environmental Impact Report (EIR) is prepared in accordance with the California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts associated with the implementation of the Oak Park Properties Specific Plan (proposed plan) (State Clearinghouse No. 2018112058). This document is prepared in conformance with CEQA (California Public Resources Code [PRC] § 21000, et seq.) and the CEQA Guidelines (California Code of Regulations [CCR], Title 14, § 15000, et seq.). The purpose of this EIR is to inform decision makers, representatives of affected and responsible agencies, the public, and other interested parties of the potential environmental effects that may result from implementation of the proposed plan. This EIR describes potential impacts relating to a wide variety of environmental issues and methods by which these impacts can be mitigated or avoided. Project Summary Project Location The plan area is located in the southeastern area of the City of Pleasant Hill. The plan area is roughly located at the intersection of Oak Park Boulevard and Monticello Avenue. The 16.60-acre plan area consists primarily of two general land areas, a portion of Monticello Avenue right-of-way, a portion of Grayson Creek Corridor, and segments of Oak Park Boulevard and Monticello Avenue. The plan area is surrounded by residential, commercial, and recreational land uses. Pleasant Hill Middle School Field and Pleasant Oaks Park are adjacent to the northern project site boundary, and an East Bay Municipal Utility District (EBMUD) multi-use trail is adjacent to the eastern project site boundary. A segment of Oak Park Boulevard is located along the southern boundary of the plan area, and a portion of Monticello Avenue roughly bisects the plan area as it extends from north to south. Project Description The City of Pleasant Hill proposes to adopt the proposed plan, a comprehensive planning document that would establish specific guiding principles for future development of 16.60 acres of land across various properties within the plan area. The proposed plan contemplates two development projects (the Civic Project and the Residential Project) within the plan area’s boundaries: The Civic Project located along and east of Monticello Avenue would: • Redevelop the site of the former Oak Park Elementary School, which ceased operation in 1976. The buildings were utilized by a series of non-profits until 2008; all buildings and hardscape were demolished in 2009; • Develop a new City library and associated parking lot; • Modify existing floodplain drainage system with detention basins; City of Pleasant Hill—Oak Park Properties Specific Plan Executive Summary Draft EIR ES-2 FirstCarbon Solutions • Upgrade three existing outfalls to Grayson Creek (Grayson Creek Outfalls Project); • Create a new pedestrian trail immediately west of the Grayson Creek Corridor; • Develop a new park with athletic fields and associated restroom/storage facilities and parking area; • Redesign and improve Monticello Avenue (between Oak Park Boulevard and Santa Barbara Road) to provide one lane in each direction, roadway utility improvements, bicycle lanes, sidewalks, street lights, and landscape improvements; and • Widen and improve Oak Park Boulevard (between the East Bay Municipal Utility District (EBMUD) trail right-of-way and the western plan area boundary) to include new turn pockets, roadway utility improvements, landscaping, street lights, and upgraded sidewalks on the north side of the street as well as upgrade the traffic signal at the Oak Park Boulevard/Monticello Avenue intersection. • Construct a potential future pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site. The bridge may be constructed once funding is secured. The Residential Project located west of Monticello Avenue would: • Demolish the existing Contra Costa County Library and vacant administrative offices and remove the associated parking lot and redevelop the site with 34 single-family homes with seven accessory dwelling units; and • Develop a new pocket park. Project Objectives The proposed plan has the following objectives for implementation of the two projects: Specific Plan • Adopt a comprehensive planning document to establish specific guiding principles for redevelopment of 16.60 acres of land across various properties within the plan area that includes a Civic Project (Library, Roadway, Trail, Stormwater Infrastructure and Park Improvements) and a Residential (infill development) Project. Civic Project Library Component • To develop a new, state-of-the-art community library with interior and exterior community gathering spaces that serves the citizens of the City of Pleasant Hill and the vicinity well into the future; • To support multi-generational learning and a variety of learning styles as well as overall literacy within the community. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-3 Roadway, Trail, Creek, and Floodplain Improvements Component • To provide the needed pavement surface, bike/pedestrian facilities, and other public roadway infrastructure to facilitate a logical and safe roadway facility that balances the overall needs of vehicles, bicycle, and pedestrians in the area and address key traffic circulation issues within the limits of the Civic Project; • To create a new pedestrian trail parallel to and providing visual access to Grayson Creek; and • To enhance stormwater capacity, conveyance, and detention within the existing floodplain and protect the proposed new library building from flooding by increasing its site elevation. Park Component • To enhance recreation and park facilities for City of Pleasant Hill residents; • To create new high-quality athletic fields to support local youth leagues and provide positive out-of-school time youth activities; • To increase field time available for sports leagues by extending useable playing time; • To provide opportunities for adults to improve their health and wellness through active sports opportunities; • To offer a community-gathering place via a park that provides active and passive spaces; • To reduce impact on other parks in the City of Pleasant Hill by adding popular amenities such as bocce ball courts; • To improve drop-off/pick-up access to Pleasant Hill Middle School through the modification of the parking area north of the Civic Project site; and • To meet the recreation service demand established in the Contra Costa Local Agency Formation Commission Municipal Service Review: Parks and Recreation and Cemetery Services.1 Residential Project • To maximize infill development on underutilized properties in an area served by public transit; • To develop residential land uses in an area served by adequate infrastructure and services; • To provide housing opportunities within the City of Pleasant Hill that will help address an overall housing shortage throughout the Bay Area region; and • To create new housing proximate to public services such as schools, parks, and other community facilities in order to reduce vehicle trips that would otherwise be necessary. 1 Contra Costa County Local Agency Formation Commission. 2010. Municipal Service Review: Parks and Recreation and Cemetery Services. April. City of Pleasant Hill—Oak Park Properties Specific Plan Executive Summary Draft EIR ES-4 FirstCarbon Solutions Significant Unavoidable Adverse Impacts The Civic Project would not result in any significant and unavoidable impacts. The Residential Project would result in the following significant and unavoidable impacts: • Historic resources impact related to demolition of the California Register of Historic Resources (CRHR)-eligible library currently located at 1750 Oak Park Boulevard; and • Cumulative historic resources impact related to demolition of the existing CRHR-eligible library. Summary of Project Alternatives The following alternatives to the proposed plan are evaluated to determine whether they would reduce or avoid the significant and unavoidable impacts related to the Residential Project. No Project, No Development Alternative: The proposed plan would not be implemented. Neither the Civic Project nor the Residential project would proceed. The existing library on the Residential Project site would remain operational and the administrative offices would remain vacant. The library would remain operational as long as County funding remained available to address ongoing and deferred maintenance issues. The Civic Project site would also remain vacant. No roadway improvements or creek improvements would occur. The pedestrian trail and potential future bridge proposed along the eastern portion of the Civic Project to connect the to the off-site East Bay Municipal Utilities District (EBMUD) trail would not be constructed. Code Compliant Alternative: The proposed plan would not be developed. The existing library would remain operational as long as County funding remains available and the administrative offices would remain vacant on the 1750 Oak Park property. No new library or new park would be constructed or operated as part of the Civic Project. The Pleasant Hill 2015 Housing Element designates the 1700 Oak Park Boulevard property as a potential housing site;2 therefore, for this alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units as set forth in the Housing Element. This would result in a density of approximately 10 to 12 units per acre on the 1700 Oak Park Boulevard property. No new library or new ballfields would be constructed or operated as part of this alternative. The stormwater infrastructure improvements and construction of the pedestrian trail, as described under the Civic Project, would occur. Similar to the Civic Project, the proposed pedestrian trail along the eastern portion of the Civic Project would be constructed. In addition, the potential future pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site may be constructed once funding is secured. The roadway improvements as described under the Civic Project would also occur. 2 City of Pleasant Hill. 2015. Pleasant Hill 2015 General Plan Housing Element-Table D1. Potential Housing Sites (page 92). Website: https://www.ci.pleasant-hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 3, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-5 Partial Historic Preservation Alternative: The proposed park and library as detailed under the Civic Project would be constructed and operated on the 1700 Oak Park property. All creek, floodplain, and roadway improvements and construction of the pedestrian trail, as described under the Civic Project, would also occur. However, with respect to the Residential Project, on the 1750 Oak Park property, architecturally significant elements of the existing library complex including the rotunda and connected southern annex building (Sections A and B in original building drawings totaling 30,000 to 32,985 gross square feet) would be preserved in keeping with the Secretary of Interior’s standards for the rehabilitation of historic properties and subject to the 2016 California Historic Building Code (CCR, Title 24, Part 8). The goal in rehabilitating these two sections would be to preserve the relationship between the circular library rotunda (Section A) and the angular, zigzag roofed annex (Section B). The sharp contrasts in form and style between the two connected sections are representative of the architecturally significant “International Style” in which the library complex was designed. Other significant elements to be retained include these sections’ vitrolite paneling, aluminum framing, and windows. Once retrofitted, the buildings could be re-utilized as a residential-serving community center. This residential-serving community center would be available to the tenants on the site only, and would not be a resource for the community. Under this alternative, 21,840 to 24,736 gross square feet of the existing library building complex would be demolished. Up to 10 single-family residential units with up to two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure throughout the 1750 Oak Park property. Similar to the Residential Project, 1750 Oak Park property access would be from off of Monticello Avenue. Areas of Concern Pursuant to CEQA Guidelines Section 15123(b), a summary section must address areas of controversy known to the lead agency, including issues raised by agencies and the public, and it must also address issues to be resolved, including the choice among alternatives and whether or how to mitigate the significant effects. A Notice of Preparation (NOP) for the proposed plan was issued on November 15, 2018. The NOP describing the original concept for the proposed plan and issues to be addressed in the EIR was distributed to the State Clearinghouse, responsible agencies, and other interested parties for a 30- day public review period extending from November 15, 2018 through December 17, 2018. The NOP identified the potential for significant impacts on the environment related to the following topical areas: • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Greenhouse Gas Emissions • Hazards, Hazardous Materials, and Wildfire • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Recreation • Transportation/Traffic • Tribal Cultural Resources • Utilities and Service Systems City of Pleasant Hill—Oak Park Properties Specific Plan Executive Summary Draft EIR ES-6 FirstCarbon Solutions Disagreement Among Experts This EIR contains substantial evidence to support all the conclusions presented herein. It is possible that there will be disagreement among various parties regarding these conclusions, although the City of Pleasant Hill is not aware of any disputed conclusions at the time of this writing. Both the CEQA Guidelines and case law clearly provide the standards for treating disagreement among experts. Where evidence and opinions conflict on an issue concerning the environment, and the lead agency knows of these controversies in advance, the EIR must acknowledge the controversies, summarize the conflicting opinions of the experts, and include sufficient information to allow the public and decision makers to make an informed judgment about the environmental consequences of the proposed plan. It is also possible that evidence will be presented during the 45-day, statutory EIR public review period that may create disagreement. Decision makers would consider this evidence during the public hearing process. In rendering a decision on a project where there is disagreement among experts, the decision makers are not obligated to select the most environmentally preferable viewpoint. Decision makers are vested with the ability to choose whatever viewpoint is preferable and need not resolve a dispute among experts. In their proceedings, decision makers must consider comments received concerning the adequacy of the EIR and address any objections raised in these comments. However, decision makers are not obligated to follow any directives, recommendations, or suggestions presented in comments on the EIR, and can certify the Final EIR without needing to resolve disagreements among experts. Public Review of the Draft EIR Upon completion of the Draft EIR, the City of Pleasant Hill filed a Notice of Completion (NOC) with the State Office of Planning and Research to begin the public review period (PRC § 21161). Concurrent with the NOC, the Draft EIR would be distributed to responsible and trustee agencies, other affected agencies, surrounding cities, and interested parties, as well as all parties requesting a copy of the Draft EIR in accordance with Public Resources Code 21092(b)(3). During the public review period, the Draft EIR, including the technical appendices, is available for review at the City of Pleasant Hill offices and two alternative locations. The address for each location is provided below: City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 Hours: Monday through Wednesday: 8:30 a.m.–5:00 p.m. Thursday: 8:30 a.m.–6:00 p.m. Friday: 8:30 a.m.–1:00 p.m. Saturday and Sunday: Closed Pleasant Hill Library 1750 Oak Park Boulevard Pleasant Hill, CA 94523 Hours: Monday: 12:00 p.m.–8:00 p.m. Tuesday: 1:00 p.m.–8:00 p.m. Wednesday and Thursday: 11:00 a.m.–6:00 p.m. Friday and Saturday: 10 a.m.–5:00 p.m. Sunday: Closed City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-7 Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Hours: Monday through Friday: 7:30 a.m. to 5:00 p.m. Friday: 7:30 a.m. to 4:00 p.m. Saturday and Sunday: Closed Agencies, organizations, and interested parties have the opportunity to comment on the Draft EIR during the 45-day public review period. Written comments on this Draft EIR should be addressed to: Troy Fujimoto, Acting City Planner City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 Phone: 925.671.5224 Email: tfujimoto@pleasanthillca.org Submittal of electronic comments in Microsoft Word or Adobe PDF format is encouraged. Upon completion of the public review period, written responses to all significant environmental issues raised will be prepared and made available for review by the commenting agencies at least 10 days prior to the public hearing before the City of Pleasant Hill on the proposed plan, at which the certification of the Final EIR will be considered. Comments received and the responses to comments will be included as part of the record for consideration by decision makers for the proposed plan. Executive Summary Matrix Table ES-1 below summarizes the impacts, mitigation measures, and resulting level of significance after mitigation for the relevant environmental issue areas evaluated for implementation of the proposed plan. The table is intended to provide an overview; narrative discussions for the issue areas are included in the corresponding section of this EIR. Table ES-1 is included in the EIR as required by CEQA Guidelines Section 15123(b)(1). THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-9 Table ES-1: Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Section 3.1—Aesthetics Impact AES-1: The proposed plan would not have a substantial adverse effect on a scenic vista. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact AES-2: The proposed plan would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State scenic highway. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) Impact AES-3: In non-urbanized areas, the proposed plan would not substantially degrade the existing visual character or quality of public views of the site and its surroundings or conflict with applicable zoning and other regulations governing scenic quality.3 Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact AES-4: The proposed plan would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Potentially Significant (Civic Project and Residential Project) MM AES-4: Adhere to Architectural Design Review Process and Standards Civic Project and Residential Project: As part of the City’s review process, the Civic Project and Residential Project shall each include the following features in its design review submittal: • Structures facing a public street or neighboring property shall use minimally reflective glass, and other materials and colors used on the exterior of buildings and structures shall be selected with attention to minimizing reflective glare. Less Than Significant with Mitigation (Civic Project and Residential Project) 3 For the purposes of this analysis, the project site is considered a not fully urbanized area. Therefore, out of an abundance of caution, this analysis evaluates publicly accessible views of the site and its surroundings. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-10 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.2—Air Quality Impact AIR-1: The proposed plan could conflict with or obstruct implementation of the applicable air quality plan. Potentially Significant (Civic Project and Residential Project) Implement MM AIR-2, MM AIR-3, and MM GHG-1 (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Impact AIR-2: The proposed plan could result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non-attainment under an applicable federal or state ambient air quality standard. Potentially Significant for plan- and cumulative-level construction impacts (Civic Project and Residential Project) MM AIR-2: Implement BAAQMD Best Management Practices During Construction Civic Project and Residential Project: The following Best Management Practices (BMPs), as recommended by the BAAQMD, shall be included in the design of the Civic Project and Residential Project and implemented during construction: • All active construction areas shall be watered at least two times per day. • All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least three times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-11 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation be limited to 15 miles per hour. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The City of Pleasant Hill and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-12 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact AIR-3: The proposed plan could expose sensitive receptors to substantial pollutant concentrations. Potentially Significant (Civic Project and Residential Project) Implement MM AIR-2 and the following: MM AIR-3: Use Construction Equipment That Meets Tier IV Off-road Emission Standards Civic Project and Residential Project: During construction activities, all off-road equipment with engines greater than 50 horsepower shall meet either EPA or ARB Tier IV Interim off-road emission standards. The construction contractor for the Civic Project and for the Residential Project shall maintain records concerning its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. If engines that comply with Tier IV Interim off-road emission standards are not commercially available, then the construction contractor for the Civic Project and for the Residential Project shall use the next cleanest piece of off-road equipment (e.g., Tier III) available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier IV Interim engines taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the Civic Project and Residential Project of equipment. The contractor can maintain records for equipment that is not Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-13 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation commercially available by providing letters from at least two rental companies for each piece of off-road equipment where the Tier IV Interim engine is not available. Impact AIR-4: The proposed plan would not result in other emissions (such as those leading to odors adversely affecting a substantial number of people). Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Cumulative Impact Potentially Significant (Civic Project and Residential Project) Implement MM AIR-2, MM AIR-3, and MM GHG-1 (Civic Project and Residential Project). Less Than Significant with Mitigation (Civic Project and Residential Project) Section 3.3—Biological Resources Impact BIO-1: The proposed plan could have a substantial adverse effect, either directly or indirectly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Potentially Significant (Civic Project and Residential Project) Implement MM BIO-2 (Civic Project only) and MM NOI-1 (Civic Project and Residential Project) and the following measures: MM BIO-1a: Avoid Active Migratory Bird Nests During Construction Civic Project and Residential Project: The following measures shall be implemented for construction work during the nesting season (February 15 through August 31): • Implementation of the following avoidance and minimization measures would avoid or minimize potential effects to migratory birds and habitat in and adjacent to the Civic Project and Residential Project sites. These measures shall be implemented for construction work in the plan area that occurs during the nesting season (February 15 through August 31): - If construction or tree removal is proposed during the breeding/nesting Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-14 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation season for migratory birds (typically February 15 through August 31), a qualified Biologist shall conduct pre-construction surveys for northern harrier and other migratory birds within the construction area, including a 300-foot survey buffer, no more than 3 days prior to the start of ground disturbing activities in the construction area. - If an active nest is located during pre-construction surveys, USFWS and/or CDFW (as appropriate) shall be notified regarding the status of the nest. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or a qualified biologist deems disturbance potential to be minimal. Restrictions shall include consultation with a qualified Biologist to determine appropriate exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and 50-foot radius around an active migratory bird nest) or alteration of the construction schedule. - A qualified biologist shall delineate the buffer using nest buffer signs, environmentally sensitive area fencing, pin flags, and or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-15 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation MM-BIO-1b: Avoid Active Migratory and Nesting Bats Roosts During Construction Civic Project and Residential Project: The following measures shall be implemented prior to construction work related to building, other structure, or tree removal or modification in the plan area: • If suitable roosting habitat for special-status bats will be affected by Civic and Residential Project construction (e.g., removal of buildings or trees, modification of bridges), a qualified wildlife biologist will conduct surveys for special-status bats during the appropriate time of day to maximize detectability to determine if bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.). Visual surveys will include trees within 0.25 mile of construction activities, where practicable. The type of survey will depend on the condition of the potential roosting habitat. If no bat roosts are found, then no further study is required. • If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-16 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation • If roosts are determined to be present and must be removed, the bats will be excluded from the roosting site before the facility is removed. A mitigation program addressing compensation, exclusion methods, and roost removal procedures will be developed prior to implementation. Exclusion methods may include use of one-way doors at roost entrances (bats may leave but cannot not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young). • If roosts cannot be avoided or it is determined that construction activities may cause roost abandonment, such activities may not commence until permanent, elevated bat houses have been installed outside of, but near the construction area. Placement and height will be determined by a qualified wildlife biologist, but the height of the bat house will be at least 15 feet. Bat houses will be multi-chambered and will be purchased or constructed in accordance with CDFW standards. The number of bat houses required will be dependent upon the size and number of colonies found, but at least one bat house will be installed for each pair of bats (if occurring individually), or of sufficient number to accommodate each colony of bats to be relocated. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-17 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation MM-BIO-1c: Avoid Active Turtle Dens During Construction Civic Project: The project sponsors for the Civic Project shall implement the following measures for construction work on the Civic Project site during the overwintering season (October 1 through February 28/29): • The project sponsors for the Civic Project shall avoid construction on the Civic Project site when western pond turtle adults and hatchlings are overwintering (October 1 to February 28/29), because of the likelihood that turtle adults and juveniles could be present in upland habitats (i.e., the ruderal field adjacent to the Creek Corridor). If construction activities must occur during this time frame, a survey for overwintering locations shall be conducted no more than 14 days prior to construction. If this species is found overwintering within the Civic Project site, den locations shall be avoided until the area is unoccupied, as determined by a qualified biologist. • No more than 30 days prior to the first ground-disturbing activities, the project sponsors for the Civic Project shall retain a qualified wildlife biologist to conduct a focused survey for western pond turtle to determine presence or absence of this species within a 100-foot radius of the disturbance area. If construction occurs between April 1 and September 30, this survey shall include turtle nests. If a nest is City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-18 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation found within a 100-foot radius of the Civic Project site, construction shall not take place within 100 feet of the nest until the turtles have hatched or the eggs have been moved to an appropriate location under consultation with a qualified biologist. • Before any activities begin on the Civic Project, an approved biologist will conduct a Worker Environmental Awareness Program (WEAP) for all construction personnel. At a minimum, the training will include a description of the western pond turtle and its habitat, the specific measures that are being implemented to conserve western pond turtle on the Civic Project site. Brochures, books, and briefings may be used in the WEAP, provided that a qualified person is on hand to answer any questions. • Revegetation will occur with an assemblage of native riparian/wetland and riparian upland vegetation suitable for Grayson Creek and its associated riparian corridor. Locally collected plant materials will be used to the extent practicable. Invasive, exotic plants will be controlled to the maximum extent practicable during construction. This measure will be implemented by the City in all areas disturbed by activities associated with Grayson Creek and its associated riparian corridor, unless the CDFW and project sponsors for the Civic Project determine that it is not feasible or practical. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-19 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation • The number of access routes, size of staging areas, and the total area of the activity will be limited to the minimum necessary. Environmentally Sensitive Areas will be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impact to western pond turtle habitat; this goal includes locating access routes and construction areas outside of riparian areas to the maximum extent practicable. Impact BIO-2: Development of the proposed Civic Project could have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Potentially Significant (Civic Project) No Impact (Residential Project) Implement MM BIO-2 (Civic Project only) and MM NOI-1 (Civic Project only) and the following measures: MM BIO-2a: Obtain CWA Sections 401 and 404 Permits Prior to Construction Civic Project: Prior to the fill of any potentially jurisdictional waters as part of the Civic Project, the project sponsors for the Civic Project shall consult with the USACE to determine the extent, if at all, that waters of the United States may be impacted by the Grayson Creek Outfalls Project. This consultation may include a jurisdictional delineation. If potential jurisdictional waters cannot be avoided, the following steps shall be adhered to with regard to permits: • The project sponsors for the Civic Project shall obtain a Section 404 Clean Water Act (CWA) permit for impacts to waters of the Less Than Significant with Mitigation (Civic Project) No Impact (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-20 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation United States. The City shall also obtain a Section 401 water quality certification from the RWQCB. This permit and certification shall be obtained prior to issuance of grading permits for the implementation of the proposed Grayson Creek Outfalls Project. • The project sponsors for the Civic Project shall design the Civic Project to result in no net loss of functions and values of waters of the United States by incorporating impact avoidance, impact minimization, and/or compensatory mitigation for the impact, as determined in the Section 404permit and 401 water quality certification. • Compensatory mitigation may consist of (1) obtaining credits from a mitigation bank; (2) making a payment to an in-lieu fee program that will conduct wetland, stream, or other aquatic resource restoration, creation, enhancement, or preservation activities; and/or (3) providing compensatory mitigation through an aquatic resource restoration, establishment, enhancement, and/or preservation activity. This final type of compensatory mitigation may be provided at or adjacent to the impact site (i.e., on-site mitigation) or at another location, usually within the same watershed as the permitted impact (i.e., off-site mitigation). The project/permit applicant retains responsibility for the implementation and success of the mitigation project. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-21 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation MM BIO-2b: File Notification of Streambed Alteration Agreement Prior to Construction Civic Project: In order to protect the long-term habitat of Grayson Creek, the project sponsors for the Civic Project shall ensure that the Creek is not obstructed and human intrusion into the riparian area is minimized. In compliance with Section 1600 of the California Fish and Game Code, the project sponsors for the Civic Project shall file a notification of a Streambed Alteration Agreement prior to conducting any construction activities within the creek corridor, defined by the CDFW as the top of bank plus the outer edge of the dripline of riparian vegetation. Measures shall include but not be limited to the implementation of erosion and bank stabilization measures, riparian habitat enhancement, and/or restoration and revegetation of the stream corridor habitat at no less than a 1:1 ratio. The details of this mitigation effort shall be outlined in a riparian habitat mitigation plan that shall be implemented as part of the construction of the outfalls. Impact BIO-3: The proposed plan would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-22 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact BIO-4: The proposed plan would not substantially interfere with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Potentially Significant (Civic Project) Less Than Significant (Residential Project) Implement MM BIO-1a through MM BIO-1c (Civic Project) No mitigation is necessary (Residential Project) Less Than Significant with Mitigation (Civic Project) Less Than Significant (Residential Project) Impact BIO-5: The proposed plan could conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Potentially Significant (Civic Project and Residential Project) MM BIO-5a: Obtain Tree Removal Permits Prior to Construction Civic Project and Residential Project: Any plan affecting trees should be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, improvement plans, utility and drainage plans, grading plans, landscape and irrigation plans and demolition plans. MM BIO-5b: Implement Tree Protection Treatments Prior to Construction Civic Project and Residential Project: • The Demolition Contractor shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. Of specific concern is removal of existing chain-link fence in along the northeast and east property lines. • Cap and abandon all existing underground utilities within the Tree Protection Zone in place. Removal of utility boxes by hand is acceptable but no trenching should be performed within the Tree Protection Zone in an effort to remove utilities, irrigation lines, etc. Less than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-23 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation • Fence trees to completely enclose the Tree Protection Zone prior to demolition, grubbing, or grading. Fences shall be 6-foot chain link or equivalent as approved by the City of Pleasant Hill. Fences are to remain until all construction is completed. • Trees to be preserved may require pruning to provide construction clearance. Pruning of off-site trees should be performed with the property owner’s permission. All pruning shall be completed by a Certified Arborist or Tree Worker. Pruning shall adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning published by the International Society of Arboriculture. • Structures and underground features to be removed within the Tree Protection Zone shall use the smallest equipment, and operate from outside the Tree Protection Zone. The consultant shall be on-site during all operations within the Tree Protection Zone to monitor demolition activity. MM BIO-5c: Implement Tree Protection Guidelines During Construction Civic Project and Residential Project: • Prior to beginning work, the contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-24 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation areas and tree protection measures. • Fences have been erected to protect trees to be preserved. Fences define a specific Tree Protection Zone for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without permission of the Consulting Arborist. • Any excavation within the dripline or other work that is expected to encounter tree roots should be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging a trench and cutting exposed roots with a sharp saw. The Consulting Arborist will identify where root pruning is required. • If injury should occur to any tree during construction, it should be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. • Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the Tree Protection Zone by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a sharp saw or other approved root pruning equipment. The Consulting Arborist will identify where root pruning is required. • All underground utilities, drain lines, or irrigation lines shall be routed outside the Tree Protection Zone. If lines must traverse City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-25 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation through the protection area, they shall be tunneled or bored under the tree as directed by the Consulting Arborist. • No materials, equipment, spoil, waste, or washout water may be deposited, stored, or parked within the Tree Protection Zone (fenced area). • Any additional tree pruning needed for clearance during construction must be performed by a Certified Arborist and not by construction personnel. MM BIO-5d: Monitor Tree Health Post Construction Civic Project and Residential Project: The health and structural stability of tree should be monitored. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. In addition, provisions for monitoring both tree health and structural stability following construction must be made a priority. As trees age, the likelihood of branches or entire trees failing will increase. Therefore, annual inspection of trees for structural stability, and signs of insects or disease is recommended to determine any potential future maintenance needs. Impact BIO-6: The proposed plan would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-26 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.4—Cultural Resources and Tribal Cultural Resources Impact CUL-1: The proposed plan would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. Potentially Significant (Residential Project) No Impact (Civic Project) MM CUL-1a: Prepare Historic American Building Survey Report for the Existing Library Prior to Demolition Residential Project: The project sponsor for the Residential Project shall be responsible to have prepared documentation of Pleasant Hill Library using the Historic American Building Survey (HABS) Level II standards as the guideline for recording the building through photographs, drawings, and written description prior to demolition. The following documentation will be determined as adequate to document and record the historic resource: • Written Data: The historic narrative and architectural description prepared for this current study should suffice unless the location of additional drawings or plans by Corlett and Spackman for the Pleasant Hill Library are discovered, and can provide additional information to document the history of the library. • Drawings: Under HABS Level II, if the original drawings of the interior and exterior elevations of the library building are available, they should be reproduced in ink on vellum or Mylar. If the original drawings/plans for the interior and exterior elevations of library building cannot be Significant and Unavoidable with Mitigation (Residential Project) No Impact; no mitigation is necessary (Civic Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-27 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation located, then drawings should be prepared by a licensed architect as follows: 1. Drawings can be hand-drawings or computer-drawn, using archival ink or pencil on vellum or Mylar. 2. Scaled drawings created based on field measurements for interior and exterior elevations. 3. Scaled drawings created based on field measurements for interior and exterior elevations. 4. Provide details of any character-defining elements such as exposed beams, curtain glass and Vitrenamel units, roof buttress, main room pillar, etc. 5. If recently executed measured drawings exist, they may substitute for the need to create new drawings. • Photographs: High-quality, color digital photographs, captured by a professional architectural photographer may be used to fully document the property. HABS Level II photo-documentation standards require a representative number of photographs be produced to capture interior and exterior views, and character-defining architectural details, of each section of the library building. It is also recommended that a representative number of photographs be taken to show the building’s setting in context, and in relationship to its surrounding environment. Digital cameras should be 6 megapixels or higher, and prints City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-28 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation (4” x 5”, 5” x 7”, or 8” x 10”) be printed on archival stable paper with correct labeling and an accompanying shot maps. • High-quality, color digital photographs, captured by a professional architectural photographer may be used to fully document the property. HABS Level II photo-documentation standards require a representative number of photographs be produced to capture interior and exterior views, and character-defining architectural details, of each section of the library building. It is also recommended that a representative number of photographs be taken to show the building’s setting in context, and in relationship to its surrounding environment. Digital cameras should be 6 megapixels or higher, and prints (4” x 5”, 5” x 7”, or 8” x 10”) be printed on archival stable paper with correct labeling and an accompanying shot maps. MM CUL-1b: Provide History of the Libraries of Pleasant Hill Public Interpretive Display Residential Project: The project sponsor for the Residential Project shall be responsible to have a “History of the Libraries of Pleasant Hill” interpretive sign or display available for public viewing in the proposed new library. The interpretive sign or display shall present a history (comprised of narrative text and photographs) of the previous libraries in the community, and the significance of the International Style of architecture to the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-29 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation design of the Pleasant Hill Library. The interpretive display shall be prepared by a qualified Architectural Historian or Historian with experience in creating such exhibits and materials for educational purposes. The design and content of the interpretive display shall be approved by the City of Pleasant Hill Planning Division and the County Librarian (or their designee). Impact CUL-2: The proposed plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5. Potentially Significant (Civic Project and Residential Project) MM CUL-2: Conduct Construction Archeological Resources Monitoring Civic Project: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should inspect the Civic Project site once grubbing and clearing is complete, and prior to any grading or trenching into previously undisturbed soils. Due to an increased probability of encountering undiscovered resources, the archaeologist shall monitor all grading and ground disturbing activities taking place within 100 feet of Grayson Creek. If the archaeologist believes that a reduction in monitoring activities is prudent, then a letter report detailing the rationale for making such a reduction and summarizing the monitoring results shall be provided to the City of Pleasant Hill for concurrence. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease and workers shall avoid altering the Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-30 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation materials until an archaeologist has evaluated the situation. The City and Recreation and Park District shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the Civic Project shall be recorded on appropriate California Department of Parks and Recreation (DPR) 523 forms and will be submitted to the City of Pleasant Hill, the Northwest Information Center, and the State Historic Preservation Office (SHPO), as required. Residential Project: An archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should inspect the Residential Project site once grubbing and clearing is complete, and prior to any grading or trenching into previously undisturbed soils. If the archaeologist believes that a reduction in City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-31 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation monitoring activities is prudent, then a letter report detailing the rationale for making such a reduction and summarizing the monitoring results shall be provided to the City of Pleasant Hill for concurrence. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease and workers shall avoid altering the materials until an archaeologist has evaluated the situation. The County shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the Residential Project site shall be recorded on appropriate DPR 523 forms and will be submitted to the City of Pleasant Hill, the Northwest Information Center, and the SHPO, as required. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-32 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact CUL-3: The proposed plan could disturb human remains, including those interred outside of formal cemeteries. Potentially Significant (Civic Project and Residential Project) MM CUL-3: Stop Construction Upon Encountering Human Remains Civic Project and Residential Project: In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. (This mitigation may affect both projects depending on the location of any discovered remains.) If during the course of construction of the Civic Project or the Residential Project, there is accidental discovery or recognition of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the MLD of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-33 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation goods as provided in Public Resource Code Section 5097.98. 2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendant or within the plan area in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner. Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains: • When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code Section 5097.98. The City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-34 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation applicant may develop a plan for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American Burials with the appropriate Native Americans as identified by the Native American Heritage Commission. Impact CUL-4: The proposed plan would not cause a substantial adverse change in the significance of a Tribal Cultural Resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) Impact CUL-5: The proposed plan would not cause a substantial adverse change in the significance of a tribal cultural resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. Potentially Significant (Civic Project and Residential Project) Implement MM CUL-2 and MM CUL-3 (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Cumulative Impact Significant and Unavoidable (Residential Project) Less Than Significant (Civic Project) Implement MM CUL-1a and MM CUL-1b (Residential Project) Significant and Unavoidable (Residential Project) Less Than Significant (Civic Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-35 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Section 3.5—Geology and Soils Impact GEO-1: The proposed plan could directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking. iii) Seismic-related ground failure, including liquefaction. iv) Landslides. Potentially Significant (Civic Project and Residential Project) MM GEO-1: Prepare Grading and Construction Plans that Incorporate Geotechnical Study Reports Recommendations Civic Project: Prior to issuance of the grading permits for the Civic Project, development of the final grading and foundation plans shall incorporate the site-specific earthwork, foundation, slab-on-grade, retaining walls, and pavement design recommendations, as detailed in the geotechnical report prepared for the Civic Project site prepared by ENGEO, Inc. on July 2, 2018 (revised September 24, 2018). The project sponsors for the Civic Project shall coordinate with a City-approved Geotechnical Engineer and Engineering Geologist to tailor the grading and foundation plans, as needed, to reduce risk related to known soil and geologic hazards and to improve the overall stability of the Civic Project site. The final grading plans for the Civic Project shall be reviewed by the City-approved Geotechnical Engineer. Grading operations shall also meet the requirements of the recommendations included in the geotechnical report prepared for the Civic Project site prepared by ENGEO, Inc. on July 2, 2018 (revised September 24, 2018). During construction, the City-approved Geotechnical Engineer shall monitor construction of the Civic Project to Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-36 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation ensure the earthwork operations are properly performed. Residential Project: Prior to issuance of the grading permits for the Residential Project, development of the final grading and foundation plans shall incorporate the site-specific earthwork, foundation, slab-on-grade, retaining walls, and pavement design recommendations, as detailed in the geotechnical report for the Residential Project site prepared by ENGEO, Inc. on September 4, 2018. The project sponsor for the Residential Project shall coordinate with a City-approved Geotechnical Engineer and Engineering Geologist to tailor the grading and foundation plans, as needed, to reduce risk related to known soil and geologic hazards and to improve the overall stability of the Residential Project site. The final grading plans for the Residential Project shall be reviewed by the City-approved Geotechnical Engineer. Grading operations shall also meet the requirements of the recommendations included in the geotechnical report for the Residential Project site prepared by ENGEO, Inc. on September 4, 2018. During construction, the City-approved Geotechnical Engineer shall monitor construction of the Residential Project to ensure the earthwork operations are properly performed. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-37 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact GEO-2: The proposed plan could result in substantial soil erosion or the loss of topsoil. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact GEO-3: The proposed plan would be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proposed plan, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Potentially Significant (Civic Project and Residential Project) Implement MM GEO-1 (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Impact GEO-4: The proposed plan could be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. Potentially Significant (Civic Project and Residential Project) Implement MM GEO-1 (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Impact GEO-5: The proposed plan would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) Impact GEO-6: The proposed plan could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Potentially Significant (Civic Project and Residential Project) MM GEO-6: Paleontological Resources Monitoring During Construction Civic Project and Residential Project: A paleontological monitor shall be present during all excavations that exceed 10 feet in depth or otherwise have the potential to impact previously undisturbed Pleistocene alluvium. In the event a fossil is discovered during construction for the proposed plan, excavations within 50 feet of the find shall be Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-38 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation temporarily halted or delayed until the discovery is examined by a qualified paleontologist in accordance with Society of Vertebrate Paleontology standards. The project sponsors for the Civic Project and Residential Project shall include a standard inadvertent discovery clause in every proposed plan-related construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and implement a data recovery plan that is consistent with the Society of Vertebrate Paleontology standards. Any recovered fossil should be deposited in an appropriate repository, such as the UCMP, where it will be properly curated and made accessible for future studies. Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.6—Greenhouse Gas Emissions and Energy Impact GHG-1: Implementation of the proposed plan would generate direct and indirect greenhouse gas emissions that could result in a significant impact on the environment. Potentially Significant (Civic Project and Residential Project) MM GHG-1: Implement and Document Annual GHG Emissions Reduction Measures Civic Project: Prior to the issuance of the certificate of occupancy, the contractor for the Civic Project shall provide documentation to the City of Pleasant Hill that the Civic Project would achieve additional annual GHG emission reductions of 56 MT CO2e per year in 2021 and decreasing to 25 MT CO2e per year in 2030, based on current estimates of GHG emissions, through any combination of Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-39 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation the following measures or other measures approved by the City: • Commit to purchasing electricity from a utility offering 100 percent renewable power for some or all of the power needs for the Civic Project. • Install on-site solar panels to generate electricity for a portion of electricity consumption for the Civic Project. • Install on-site charging units for electric vehicles consistent with parking requirements in California Green Building Standards Code (CALGreen) Section 5.106.5.2 • Provide a plan documenting how a ridesharing program for library employees would be implemented starting no later than 60 days after operations of the Civic Project begins. • Purchase voluntary carbon credits from a verified GHG emissions credit broker in an amount sufficient to offset operational GHG emissions of approximately 56 MT CO2e per year over the lifetime of the Civic Project (or a reduced amount estimated based on implementation of other measures listed above). Copies of the contract(s) shall be provided to the City Planning Department. Residential Project: Prior to the issuance of the certificate of occupancy, the contractor for the Residential Project shall provide documentation to the City of Pleasant Hill City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-40 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation that the Residential Project would achieve additional annual GHG emission reductions of 30 MT CO2e per year in 2021 and decreasing to 14 MT CO2e per year in 2030, based on current estimates of the project-related GHG emissions, through any combination of the following measures or other measures approved by the City: • Commit to purchasing electricity from a utility offering 100 percent renewable power for some or all of the power needs associated with the Residential Project. • Install on-site solar panels to generate electricity for a portion of electricity consumption for the Residential Project. • Install on-site charging units for electric vehicles consistent with parking requirements in California Green Building Standards Code (CALGreen) Section 5.106.5.2 • Purchase voluntary carbon credits from a verified GHG emissions credit broker in an amount sufficient to offset operational GHG emissions of approximately 30 MT CO2e per year over the lifetime of the Residential Project (or a reduced amount estimated based on implementation of other measures listed above). Copies of the contract(s) shall be provided to the City planning department. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-41 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact GHG-2: Implementation of the proposed plan would not conflict with the applicable plan, policy, or regulation of an agency adopted to reduce the emissions of greenhouse gases. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact GHG-3: Implementation of the proposed plan would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during construction or operation of the proposed plan. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact GHG-4: Implementation of the proposed plan would not conflict with or obstruct any applicable State or local plan for renewable energy or energy efficiency. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Cumulative Impact Potentially Significant (Civic Project and Residential Project) Implement GHG-1 (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Section 3.7—Hazards, Hazardous Materials, and Wildfire Impact HAZ-1: The proposed plan would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-2: The proposed plan could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. Less Than Significant (Civic Project) Potentially Significant (Residential Project) MM HAZ-2a: Removal of Asbestos-Containing Material Prior to Demolition Residential Project: Prior to the issuance of a demolition permit for the existing library buildings, the project sponsor for the Residential Project shall (1) hire a California Less Than Significant (Civic Project) Less Than Significant with Mitigation (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-42 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Registered Asbestos Abatement Contract to remove all asbestos containing materials, prior to impacting them, and (2) conduct Final Clearance inspections (visual) to document the completion of the resource action. If suspect materials, not discussed in the Asbestos and Lead Based Paint Sampling Report dated March 22, 2019, are discovered during future demolition operations, all general work activities which could impact the discovered suspect asbestos-containing material should cease until confirmation sampling can be conducted. MM HAZ-2b: Removal of Lead-Based Paint During Demolition Residential Project: During demolition, the project sponsor for the Residential Project shall complete demolition activities in accordance with California Code of Regulations Title 17, Division 1, Chapter 8, Article 1. All construction work where an employee may be occupationally exposed to lead-containing paint, including demolition, must comply with the OSHA Regulation 29 Code of Federal Regulations 1926.62, and Cal-OSHA Title 8 California Code of Regulations 1523.1. If suspect painted surfaces, not discussed in the Asbestos and Lead Based Paint Sampling Report dated March 22, 2019, are discovered during future demolition operations, all general work activities which could impact the discovered painted surface should cease until confirmation sampling can be conducted. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-43 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact HAZ-3: The proposed plan would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-4: The proposed plan would not be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-5: The proposed plan would not be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport and result in a safety hazard for people residing or working the project area. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) Impact HAZ-6: The proposed plan would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-7: The proposed plan would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-44 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact HAZ-8: The proposed plan would not substantially impair an adopted emergency response plan or emergency evacuation plan. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-9: Due to slope, prevailing winds, and other factors, the proposed plan would not exacerbate wildfire risks and thereby expose occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-10: The proposed plan would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HAZ-11: The proposed plan would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-45 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Section 3.8—Hydrology and Water Quality Impact HYD-1: The proposed plan would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HYD-2: The proposed plan would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the proposed plan may impede sustainable groundwater management of the basin. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact HYD-3: The proposed plan could substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? Potentially Significant (Civic Project) Less Than Significant (Residential Project) MM HYD-3: Prepare Final Drainage Plan Prior to Grading Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall submit a drainage plan that incorporates the measures included in the Specific Plan Floodplain Evaluation Report and a Civic Project-specific Floodplain Evaluation Report. These measures shall be coordinated with the City Public Works and Community Development Engineering Division in order to reduce risk related to flooding within a designated floodplain. The drainage plans (including for the separate storm drainage systems and bioretention basin) shall be reviewed by City Public Works and Community Development Engineering Division to ensure that the design will accommodate the 100-year storm event as detailed in the Floodplain Evaluation Report. Less Than Significant with Mitigation (Civic Project) Less Than Significant (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-46 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Three specific performance measures shall be achieved through the implementation of this mitigation measure: Storm Drainage Systems Design Two separate storm drainage systems (western and eastern) shall replace the existing single 24-inch drainage systems along Oak Park Boulevard. The western system shall upsize the existing 24-inch storm drain pipe currently located along Oak Park Boulevard on the south side of the proposed residential development. The new eastern system shall upsize the existing 24-inch and 30-inch diameter storm drains to 36-inch and 48-inch diameter pipes, and shall convey runoff eastward to a new outfall at Grayson Creek. Bioretention Basin Design A bioretention basin capable of retaining waters from a 100-year storm event shall be installed adjacent to Grayson Creek and east of the proposed library (adjacent to Grayson Creek). The basin shall have sufficient capacity, in combination with the storm drainage systems, to offset the reduced floodplain footprint of the plan area, as outlined in the Floodplain Evaluation Report. Grading for New Athletic Fields Design As outlined in the Floodplain Evaluation Report, grading for the athletic fields shall be designed in combination with the storm drainage systems and the bioretention basin City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-47 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation to provide additional floodplain storage at the Civic Project site to offset the reduced floodplain footprint on the Civic Project site. Final specifications shall be confirmed as part of the design phase and prior to issuance of a grading permit. Impact HYD-4: The proposed plan would be located in a flood hazard zone, tsunami, or seiche zone, and risk release of pollutants due to inundation associated with the proposed plan. Potentially Significant (Civic Project) Less Than Significant (Residential Project) Implement MM HYD-3 (Civic Project) Less Than Significant with Mitigation (Civic Project) Less Than Significant (Residential Project) Impact HYD-5: The proposed plan would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.9—Land Use and Planning Impact LUP-1: The proposed plan would not physically divide an established community. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) Impact LUP-2: The proposed plan would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-48 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Section 3.10—Noise Impact NOI-1: The proposed plan would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the plan area in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Potentially Significant (Civic Project and Residential Project) Implement MM BIO-1a and MM BIO-1b (Civic Project and Residential Project), MM BIO-1c (Civic Project Only), MM BIO-2 (Civic Project Only), and the following measure: MM NOI-1: Implement Noise-reduction Measures During Construction Civic Project and Residential Project: To reduce potential construction noise impacts, the following noise-reduction measure shall be implemented during construction of the Civic Project and Residential Project: • The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. • The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited. • The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists. • At all times during grading and construction, the construction contractor shall ensure that stationary noise-generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from the nearest residential land uses. Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-49 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation • The construction contractor shall designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (starting too early, bad muffler, etc.) and establishment reasonable measures necessary to correct the problem. The construction contractor shall visibly post a telephone number for the disturbance coordinator at the construction site. • The construction contractor shall ensure that construction activities are limited to the hours between 7:30 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturday. Construction activities shall not occur at any time on City-recognized holidays and Sundays. Impact NOI-2: The proposed plan would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact NOI-3: The proposed plan would not generate excessive groundborne vibration or groundborne noise levels. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact NOI-4: The proposed plan would not expose people residing or working in the plan area to excessive noise levels for a project located within the vicinity of a No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-50 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport. Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.11—Population and Housing Impact POP-1: Implementation of the proposed plan would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact POP-2: Implementation of the proposed plan would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. No Impact (Civic Project and Residential Project) No mitigation is necessary. No Impact (Civic Project and Residential Project) Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.12—Public Services Impact PUB-1: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-51 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection. Impact PUB-2: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact PUB-3: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for schools. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact PUB-4: The proposed plan could result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause Potentially Significant (Civic Project and Residential Project) Residential Project: Implement MM HAZ-2a and MM HAZ-2b. Civic Project: Implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a. Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-52 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for other public facilities. Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.13—Recreation Impact REC-1: The proposed plan could increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact REC-2: The proposed plan would include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Potentially Significant (Construction-period impacts) (Civic Project and Residential Project) Implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.14—Transportation Impact TRANS-1: The proposed plan could conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Potentially Significant (Civic Project and Residential Project) MM TRANS-1a: Prepare and Implement Construction Traffic Management Plan Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall prepare a Construction Traffic Management Plan that includes the following items. The approved plan shall be implemented during construction. • Provide a temporary traffic signal at the Oak Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-53 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Park Boulevard at Monte Cresta Avenue intersection during the time periods when Monticello Avenue is closed between Oak Park Boulevard and Santa Barbara Road. Because the Civic Project would account for 65 percent of the total trips associated with proposed plan, the Civic Project sponsors are responsible for 65 percent of the cost of the temporary signal. • Maintain a pedestrian connection between Santa Barbara Road and Oak Park Boulevard, to the greatest extent feasible. Should there be time periods when the provision of a pedestrian connection would affect worker or pedestrian safety, a pedestrian detour route shall be established with appropriate wayfinding, noticing, and potentially crossing guards during peak periods around school bell times. • Monitor parking demand at the senior and teen centers when temporary library uses occupy both sites and should a potential parking shortage be identified, develop a parking management plan to better accommodate temporary library uses. The parking management plan could include adjusting library hours, adjusting Senior Center activities, or directing residents of Pleasant Hill to utilize other nearby libraries. • Staging plan for the Civic Project that maximizes on-site storage of materials and equipment • A set of comprehensive traffic control City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-54 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation measures, including scheduling of major truck trips and deliveries to avoid peak-hours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes • Permitted construction hours • Location of construction staging • Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations • Provisions for street sweeping to remove construction related debris on public streets Residential Project: Prior to issuance of grading permits, the contractor for the Residential Project shall prepare a Construction Traffic Management Plan that includes the following items. The approved Construction Traffic Management Plan shall be implemented during construction. • Provide a temporary traffic signal at the Oak Park Boulevard at Monte Cresta Avenue intersection during the time periods when Monticello Avenue is closed between Oak Park Boulevard and Santa Barbara Road. Because the Residential Project would account for 35 percent of the total trips associated with proposed plan, the County is responsible for 35 percent of the cost of the temporary signal. • Project Staging Plan to maximize on-site storage of materials and equipment City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-55 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation • A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak-hours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes • Permitted construction hours • Location of construction staging • Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations • Provisions for street sweeping to remove construction related debris on public streets MM TRANS-1b: Reconstruct Bus Route with Pedestrian Clear-way Along Oak Park Boulevard Prior to Construction Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure the design of the Civic Project includes: • Reconstruction of the westbound Bus Route No. 9 along Oak Park Boulevard in its same general area, with transit amenities similar to those provided today (bench). • Maintenance of a 4-foot pedestrian clear-way through the transit stop-area when considering transit amenity placement. MM TRANS-1c: Prepare Bicycle Transitions Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-56 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation shall ensure the final design of Monticello Avenue at Oak Park Boulevard provides: • Transitions to/from Oak Park Boulevard to Monticello Avenue for bicyclists. MM TRANS-1d: Install Mid-block High-visibility Pedestrian Crosswalks along Monticello Avenue and Oak Park Boulevard Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure designs for the Civic Project include either: • New or reconstructed curb-ramps and directional ramps where feasible or • Mid-block high visibility pedestrian crosswalk on Monticello Avenue on the north side of the library driveways (i.e., install a Rectangular Rapid Flashing Beacon at the crosswalk). Residential Project: Prior to issuance of grading permits, the contractor for the Residential Project shall provide project plans for review and approval that include either: • New or reconstructed curb-ramps and directional ramps, where feasible; or • Mid-block high visibility pedestrian crosswalk on Monticello Avenue on the north side of the library driveways (i.e., install a Rectangular Rapid Flashing Beacon at the crosswalk). City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-57 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact TRANS-2: Proposed plan consistency with CEQA Guidelines Section 15064.3 subdivision (b) cannot be determined given that the City has not established a threshold with regard to VMT impact significance. None applicable (Civic Project and Residential Project) No mitigation is necessary. None applicable (Civic Project and Residential Project) Impact TRANS-3: The proposed plan would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact TRANS-4: The proposed plan could result in inadequate emergency access. Potentially Significant (Civic Project and Residential Project) MM TRANS-4: Prepare Fire Access Road Design and Sprinkler System Plan Prior to Construction Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure that designs for the Civic Project include: • Fire apparatus access road that provides a minimum width of 20 feet and with turning radius of 25 feet inside and 45 feet outside; and Residential Project: Prior to issuance of grading permits, the contractor for the Residential Project shall ensure that designs for the Residential Project include: • Fire apparatus access road that provides a minimum width of 20 feet and with turning radius of 25 feet inside and 45 feet outside and either; • Two separated and approved fire apparatus access roads; or Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-58 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation • An approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the California Fire Code. Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Section 3.15—Utilities and Service Systems Impact UTIL-1: The proposed plan could require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. Potentially Significant (Civic Project and Residential Project) Implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a (Civic Project and Residential Project) Less Than Significant with Mitigation (Civic Project and Residential Project) Impact UTIL-2: The proposed plan would have sufficient water supplies available to serve the proposed plan and reasonably foreseeable future development during normal, dry, and multiple dry years. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact UTIL-3: The proposed plan would not result in a determination by the wastewater treatment provider which serves or may serve the plan area that it has adequate capacity to serve the proposed plan’s projected demand in addition to the provider’s existing commitments. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Executive Summary FirstCarbon Solutions ES-59 Table ES-1 (cont.): Executive Summary Matrix Impacts Level of Significance Before Mitigation Mitigation Measures Level of Significance After Mitigation Impact UTIL-4: The proposed plan would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Impact UTIL-5: The proposed plan would comply with federal, State, and local management and reduction statutes and regulations related to solid waste. Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) Cumulative Impact Less Than Significant (Civic Project and Residential Project) No mitigation is necessary. Less Than Significant (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-1 CHAPTER 1: INTRODUCTION This Environmental Impact Report (EIR) for the Oak Park Properties Specific Plan (proposed plan) is prepared in accordance with and complies with criteria, standards, and procedures of the California Environmental Quality Act (CEQA), as amended (California Public Resources Code [PRC], § 21000, et seq.) and the CEQA Guidelines (California Code of Regulations [CCR], Title 14 § 15000, et seq.). In accordance with Sections 21067, 15367, and 15050–15053 of the CEQA Guidelines, the City of Pleasant Hill is the lead agency under whose authority this document has been prepared. As an informational document, this EIR is intended for use by City and other the public agency decision makers and members of the public in understanding the potential environmental impacts of the proposed plan. 1.1 - Project Overview The proposed plan contemplates two development projects (the Civic Project and the Residential Project) within the plan area’s boundaries: The Civic Project located along and east of Monticello Avenue would: • Redevelop the site of the former Oak Park Elementary School, which ceased operation in 1976. The buildings were utilized by a series of non-profits until 2008; all buildings and hardscape were demolished in 2009; • Develop a new City library and associated parking lot; • Modify existing floodplain drainage system with detention basins; • Upgrade three existing outfalls to Grayson Creek (Grayson Creek Outfalls Project); • Create a new pedestrian trail immediately west of the Grayson Creek Corridor; • Develop a new park with athletic fields and associated restroom/storage facilities and parking area; • Redesign and improve Monticello Avenue (between Oak Park Boulevard and Santa Barbara Road) to provide one lane in each direction, roadway utility improvements, bicycle lanes, sidewalks, street lights, and landscape improvements; and • Widen and improve Oak Park Boulevard (between the East Bay Municipal Utility District [EBMUD] trail right-of-way and the western plan area boundary) to include new turn pockets, roadway utility improvements, landscaping, street lights, and upgraded sidewalks on the north side of the street as well as upgrade the traffic signal at the Oak Park Boulevard/Monticello Avenue intersection. • Potential future construction of a pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site. The bridge may be constructed once funding is secured. City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-2 FirstCarbon Solutions The Residential Project located west of Monticello Avenue would: • Demolish the existing Contra Costa County Library and vacant administrative offices and remove the associated parking lot and redevelop the site with 34 single-family homes with seven accessory dwelling units; and • Develop a new pocket park. Chapter 2, Project Descriptions, provides a complete description of the proposed plan. 1.2 - Environmental Review Process An EIR is an informational document used by a lead agency (in this case, the City) when considering approval of a plan. The purpose of an EIR is to provide public agencies and members of the public with detailed information regarding the environmental effects associated with implementing a plan. An EIR should analyze the environmental consequences of a plan, identify ways to reduce or avoid the plan’s potential environmental effects, and identify alternatives to the plan that can avoid or reduce impacts. Pursuant to CEQA, State and local government agencies must consider the environmental consequences of plans over which they have discretionary authority. This EIR provides information to be used in the planning and decision-making process. It is not the purpose of an EIR to recommend approval or denial of a plan. Before approval of the proposed plan, the City, as lead agency and the decision-making entity, is required to certify that this EIR has been completed in compliance with CEQA Guidelines, that the information in the EIR has been considered, and that the EIR reflects the independent judgment of the City. Pursuant to CEQA, decision makers must balance the benefits of a plan against its unavoidable environmental consequences. If environmental impacts are identified as significant and unavoidable, the City may still approve the plan if it finds that social, economic, or other benefits outweigh the unavoidable impacts. The City would then be required to state in writing the specific reasons for approving the plan, based on information in the EIR and other information sources in the administrative record. This reasoning is called a “statement of overriding considerations.” (PRC § 21081; CEQA Guidelines § 15093). In addition, the City as lead agency must adopt a mitigation monitoring and reporting program (MMRP) describing the measures that were made a condition of project approval to avoid or mitigate significant effects on the environment (PRC § 21081.6; CEQA Guidelines § 15097). The MMRP is adopted at the time of plan approval and is designed to ensure compliance with the project descriptions and EIR mitigation measures during and after plan implementation. If the City decides to approve the proposed plan, it would be responsible for verifying that the MMRP for the proposed plan is implemented. The EIR will be used primarily by the City during approval of future discretionary actions and permits. This EIR provides a project-level analysis of the environmental effects of the Oak Park Properties Specific Plan. The environmental impacts of the proposed plan are analyzed in the EIR to the degree of specificity appropriate, in accordance with CEQA Guidelines Section 15146. This document addresses the potentially significant adverse environmental impacts that may be associated with the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-3 planning, construction, or operation of the Civic Project and Residential Project. It also identifies appropriate and feasible mitigation measures and alternatives that may be adopted to significantly reduce or avoid these impacts. CEQA requires that an EIR contain, at a minimum, certain specific elements. These elements are contained in this Draft EIR and include: • Table of Contents • Introduction • Executive Summary • Project Descriptions • Environmental Setting, Significant Environmental Impacts, and Mitigation Measures • Cumulative Impacts • Significant Unavoidable Adverse Impacts • Alternatives to the Proposed Project • Growth-Inducing Impacts • Effects Found Not To Be Significant • Areas of Known Issues to be Addressed The City of Pleasant Hill is designated as the lead agency for the project. CEQA Guidelines Section 15367 defines the lead agency as “. . . the public agency, which has the principal responsibility for carrying out or approving a project.” Other public agencies may use this EIR in the decision-making or permit process and consider the information in this EIR along with other information that may be presented during the CEQA process. This EIR was prepared by FirstCarbon Solutions (FCS), an environmental consultant. Prior to public review, it was extensively reviewed and evaluated by the City of Pleasant Hill. This EIR reflects the independent judgment and analysis of the City of Pleasant Hill as required by CEQA. Lists of organizations and persons consulted as well as report preparation personnel are provided in Chapter 7 of this EIR. 1.3 - Purpose and Legal Authority 1.3.1 - Notice of Preparation and Public Scoping Process In accordance with Sections 15063 and 15082 of the CEQA Guidelines, the City of Pleasant Hill, as lead agency, sent the EIR Notice of Preparation (NOP) to responsible and trustee agencies and interested entities and individuals on November 15, 2018, thus beginning the formal CEQA scoping process. The purpose of the scoping process is to allow the public and government agencies to comment on the issues and provide input on the scope of the EIR. The NOP mailing list included federal, State, and local agencies, regional and local interest groups, and property owners within 1,000 feet of the plan area. The scoping period began on November 15, 2018, and ended on December 17, 2018, representing the statutory 30-day public review period. The NOP is contained in Appendix A. Pursuant to Section 15083 of the CEQA Guidelines, the City of Pleasant Hill held a public scoping meeting in City Council Chambers 100 Gregory Lane on December 11, 2018, at 6:30 p.m. Attendees were given an opportunity to provide comments and express concerns about the potential effects of City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-4 FirstCarbon Solutions the proposed plan. Three individuals provided verbal comments on the content of the EIR at the scoping meeting. Environmental concerns raised in comment letters and during the scoping period are contained in Appendix A, which contains copies of written comment letters and EIR public meeting scoping verbal comments referenced below. The comment letters were received in response to the NOP. Comments are listed in Table 1-1, with cross-references to applicable EIR sections where comments are addressed. Table 1-1: Summary of EIR Scoping Comments Agency/Organization Author Date Comment Summary Coverage in DEIR Public Agencies Native American Heritage Commission (NAHC) Sharaya Souza, Staff Services Analyst 12/03/2018 • Request for determination of historical resources in the plan area • Request for evaluation of the project’s compliance with AB 52 and SB 18 tribal consultation requirements • Request for evaluation if the project is subject to the federal National Environmental Policy Act (NEPA) • Recommendation to assess and mitigate the potential impacts on tribal cultural resources in the project area • Section 3.4, Cultural and Tribal Cultural Resources • Appendix E (Cultural and Tribal Cultural Resources Supporting Information) California Department of Fish and Wildlife (CDFW) Gregg Erickson, Regional Manager- Bay Delta Region 12/19/2018 • Requests a habitat assessment for special- status plant, fish, and wildlife species including the Western pond turtle, Pallid bat, Townsend’s big-eared bat, White- tailed kite, and Big tarplant • Requests the EIR include mitigations measures that address all direct and indirect (temporary and permanent) project impacts • Requests the EIR address cumulative impacts • States that a Lake and Streambed Alteration Agreement will be required for project related activities within any of CDFW’s jurisdictional waters • Section 3.3, Biological Resources City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-5 Table 1-1 (cont.): Summary of EIR Scoping Comments Agency/Organization Author Date Comment Summary Coverage in DEIR California Department of Transportation (Caltrans) Patricia Maurice, District Branch Chief, Local Development and Intergovernmental Review 12/17/2018 • Request to coordinate with Caltrans to determine the appropriate improvements, including bicycle improvements • Recommendation for project to include Transportation Demand Management Program to reduce Vehicle Miles Traveled (VMT) and greenhouse gas (GHG) emissions • Recommendation for project to include ramp analysis to avoid traffic conflicts due to queue formation on I-680 on southbound off-ramp to Treat Boulevard and on- ramp from North Main Street and Geary Road; and northbound off- ramp to Treat Boulevard and on-ramp from Oak Road. • Section 3.6, Greenhouse Gas Emissions and Energy • Section 3.14, Transportation • Appendix J (Transportation Impact Assessment) East Bay Municipal Utility District (EBMUD) David J. Rehnstrom, Manager of Water Distribution Planning 12/11/2018 • Notes the East Bay Municipal Utility District would not be providing water service to the project site • Requests that project follow EBMUD’s Procedure 718—Raw Water Aqueduct Right- of-Way Non-Aqueduct Uses • Requests site assessment for drainage grading, fencing, construction access and 11 inch x 17 inch drawings for project to assess potential to EBMUD property • Section 3.8, Hydrology and Water Quality • Section 3.15, Utilities and Service Systems City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-6 FirstCarbon Solutions Table 1-1 (cont.): Summary of EIR Scoping Comments Agency/Organization Author Date Comment Summary Coverage in DEIR Contra Costa Environmental Health (CCEH) W. Eric Fung, REHS, Environmental Health Specialist II 11/26/2018 • Request for evaluation of the project’s compliance with CCEH’s permitting requirements for well or soil boring • Request for evaluation of project’s compliance CCEH’s removal permit, which may be required • Requests health permit be required for food facilities and public pools/spas • Requests plans be submitted to CCEH for consideration and requirements of facilities • Requests all food and public pool facilities have approved bathrooms • Requests hazardous construction and demolition materials should be separated from those that can be recycled and disposed; debris must go to facility that complies with applicable requirements • Section 3.7, Hazards, Hazardous Materials, and Wildfire County Connection Don Avelar, Chief Service Scheduler 12/14/2018 • Requests for bus stops identified on site plans and that one of the bus stops in project area remain open during construction • Request a temporary ADA accessible bus stop be provided if other bus stops cannot remain open during construction • Section 3.14, Transportation • Appendix J (Transportation Impact Study) Central Contra Costa Sanitary District (Central San) Russ Leavitt 12/05/2018 • Notes the project site is within service area • Requests project developer needs to construct on-site public main sewers and private laterals • Section 3.8, Hydrology and Water Quality • Section 3.15, Utilities and Service Systems City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-7 Table 1-1 (cont.): Summary of EIR Scoping Comments Agency/Organization Author Date Comment Summary Coverage in DEIR • Requests building plans for review and to pay fees at time of plan submission • Requests project applicant follow permitting needs Local Organizations Friends of Pleasant Hill Creeks Heather Rosmarin, Co-Founder 11/29/2018 • Support for new library and site enhancements • Support for new park and recreational elements • Park should include trails and green corridor improvements • Chapter 2, Project Descriptions • Section 3.3, Biological Resources Heather Rosmarin, Co-Founder 12/17/2018 • Analyze impacts on Grayson Creek hydrology, water quality, and biological resources • Analyze flooding risks and pollution from runoff into Grayson Creek from construction and operation of the project • Prepare surveys for wildlife and trees to analyze effects from construction and operational phases • Analyze impacts on recreational resources, open space, and wetlands • Analyze aesthetic impacts and lighting impacts on neighborhood, library, and creek wildlife • Analyze impacts on operation of existing and continued temporary operation of library • Analyze traffic impacts and roadway safety • Supports new library • Section 3.1, Aesthetics • Section 3.3, Biological Resources • Section 3.8, Hydrology and Water Quality • Section 3.10, Noise • Section 3.12, Public Services • Section 3.13, Recreation • Section 3.14, Transportation • Chapter 6, Alternatives • Appendix D (Biological Resources Supporting Information) City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-8 FirstCarbon Solutions Table 1-1 (cont.): Summary of EIR Scoping Comments Agency/Organization Author Date Comment Summary Coverage in DEIR concept and amenities • Consider alternatives to park that includes additional trails and open space • Consider removing lighting aspect of park component • Consider providing natural open space in lieu of a second baseball field • Suggested mitigation measures based on review of conceptual site plan Individuals Pleasant Hill Instructional Garden Monika Olsen 12/17/2018 • Concerned of disrupted library services • Concerned with transportation impacts and safety • Concern with impacts to biological resources and open space • Concern with noise impacts • Section 3.3, Biological Resources • Section 3.10, Noise • Section 3.12, Public Services • Section 3.14, Transportation — Peggy Peischl 12/6/2018 • Requests electric vehicle charging stations in the parking lot • Section 3.6, Greenhouse Gas Emissions and Energy — Jack Prosek (sent scoping comment via email on 12/18/2018 and made comment during scoping meeting) 12/12/2018 • Concerned with left turn traffic from Monticello, school traffic, and AM commute traffic on Oak Park Boulevard • Concerned about inadequate emergency access points into parking lot • Recommends project contains of 140 space parking lot • Section 3.14, Transportation City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-9 Table 1-1 (cont.): Summary of EIR Scoping Comments Agency/Organization Author Date Comment Summary Coverage in DEIR Individuals (Verbal Comments Received During EIR Scoping Meeting) — Alan Bade 12/12/2018 • Concerned with lack of library space during time period between demolition of existing library and construction of new library • Concerned with small setback for residential development, particularly related to fire hazard concerns • Concerned with potential impact to biological resources • Requests EIR discuss flooding issues and stormwater retention • Section 3.2, Air Quality • Section 3.3, Biological Resources • Section 3.7, Hazards and Hazardous Materials • Section 3.8, Hydrology and Water Quality • Section 3.14, Transportation — Wendy Gollop 12/12/2018 • Concerned with construction schedule • Concerned with potential biological impacts to the creek corridor caused by polluted runoff from the recreational and park fields and parking lot developments • Concerned with potential lighting impact on wildlife • Concerned with garbage generated from the recreation and park facilities • Concerned with parking availability • Concerned with potential traffic impacts, particularly under cumulative condition • Requests notice of release of DEIR • Section 3.1, Aesthetics • Section 3.2, Air Quality • Section 3.3, Biological Resources • Section 3.8, Hydrology and Water Quality • Section 3.14, Transportation • Section 3.15, Utilities and Service Systems Source: Compiled by FCS, 2019 City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-10 FirstCarbon Solutions 1.3.2 - Public Review Upon completion of the public Draft EIR, the City of Pleasant Hill filed a Notice of Completion (NOC) with the State Office of Planning and Research to begin the public review period (PRC § 21161). Concurrent with the NOC, the Draft EIR has been distributed to responsible and trustee agencies, other affected agencies, surrounding cities, and interested parties, as well as all parties requesting a copy of the Draft EIR in accordance with Public Resources Code 21092(b)(3). During the public review period, the Draft EIR, including the technical appendices, is available for review at the City of Pleasant Hill and two alternative locations. The address for each location is provided below: City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 Hours: Monday through Wednesday: 8:30 a.m.–5:00 p.m. Thursday: 8:30 a.m.–6:00 p.m. Friday: 8:30 a.m.–1:00 p.m. Saturday and Sunday: Closed Pleasant Hill Library 1750 Oak Park Boulevard Pleasant Hill, CA 94523 Hours: Monday: 12:00 p.m.–8:00 p.m. Tuesday: 1:00 p.m.–8:00 p.m. Wednesday and Thursday: 11:00 a.m.–6:00 p.m. Friday and Saturday: 10:00 a.m.–5:00 p.m. Sunday: Closed Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Hours: Monday through Friday: 7:30 a.m. to 5:00 p.m. Friday: 7:30 a.m. to 4:00 p.m. Saturday and Sunday: Closed Agencies, organizations, and interested parties have the opportunity to comment on the Draft EIR during the 45-day public review period. Written comments on the Draft EIR should be addressed to: Troy Fujimoto, Acting City Planner 100 Gregory Lane Pleasant Hill, CA 94523 Tel: 925.671.5224 Fax: 925.682.9327 Email: tfujimoto@pleasanthillca.org City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-11 Submittal of electronic comments in Microsoft Word or Adobe PDF format is encouraged. Upon completion of the public review period, written responses to all significant environmental issues raised will be prepared and made available for review by the commenting agencies at least 10 days prior to the public hearing before the Pleasant Hill City Council on the proposed plan, at which the certification of the Final EIR will be considered. Comments received and the responses to comments will be included as part of the record for consideration by decision makers for the proposed plan. 1.3.3 - Environmental Issues Determined Not To Be Significant The NOP identified topical areas that were determined not to be significant. An explanation of why each area is determined not to be significant is provided in Chapter 4, Effects Found Not To Be Significant. These topical areas are as follows: • Agriculture and Forestry Resources • Mineral Resources 1.3.4 - Potentially Significant Environmental Issues The NOP found that the following topical areas may contain potentially significant environmental issues that will require further analysis in the EIR. These sections are as follows: • Aesthetics • Air Quality • Biological Resources • Cultural Resources and Tribal Cultural Resources • Geology and Soils • Greenhouse Gas Emissions and Energy • Hazards, Hazardous Materials, and Wildfire • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Recreation • Transportation • Utilities and Service Systems 1.4 - Organization of the EIR This Draft EIR is organized into the following chapters and sections: • Chapter ES: Executive Summary. This chapter includes a summary of the proposed plan and alternatives to be addressed in the Draft EIR. A brief description of the areas of issues to be resolved and overview of the MMRP, in addition to a table that summarizes the impacts, mitigation measures, and level of significance after mitigation, are also included in this section. • Chapter 1: Introduction. This chapter provides an introduction and overview describing the purpose of the EIR, its scope and components, and its review and certification process. • Chapter 2: Project Descriptions. This chapter includes a detailed description of the proposed plan, including its location, site, and project characteristics. A discussion of the proposed plan City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-12 FirstCarbon Solutions objectives, intended uses of the EIR, responsible agencies, and approvals that are needed for the proposed plan are also provided. • Chapter 3: Environmental Impact Analysis. This chapter analyzes the environmental impacts of the proposed plan. Impacts are organized into major topic areas. Each topic area is presented in a separate section that includes a description of the environmental setting, regulatory framework, significance criteria, approach to analysis, specific thresholds of significance, impacts, and mitigation measures. The specific environmental topics that are addressed within Chapter 3 are as follows: - Section 3.1—Aesthetics: Addresses the potential visual impacts of development intensification and the overall increase in illumination produced by the proposed plan. - Section 3.2—Air Quality Addresses the potential air quality impacts associated with implementation of the proposed plan, as well as consistency with the Bay Area Air Quality Management District 2017 Clean Air Plan. - Section 3.3—Biological Resources: Addresses the proposed plan’s potential impacts related to habitat, vegetation, and wildlife; the potential degradation or elimination of important habitat; and impacts related to listed, proposed, and candidate threatened and endangered species. - Section 3.4—Cultural Resources and Tribal Cultural Resources: Addresses potential impacts related to historical resources, archaeological resources, tribal cultural resources, and human remains. - Section 3.5—Geology and Soils: Addresses the potential impacts the proposed plan may have related to soils and paleontological resources and assesses the effects of implementation of the proposed plan in relation to geologic and seismic conditions. - Section 3.6—Greenhouse Gas Emissions and Energy: Addresses the potential emissions of greenhouse gases associated with implementation of the proposed plan as well as energy usage. - Section 3.7—Hazards, Hazardous Materials, and Wildfire: Addresses the potential for the presence of hazardous materials or conditions in the plan area that may have the potential to impact human health and evaluates potential impacts related to wildfire. - Section 3.8—Hydrology and Water Quality: Addresses the potential impacts of the proposed plan related to local hydrological conditions, including drainage areas, and changes in the flow rates. - Section 3.9—Land Use and Planning: Addresses the potential land use impacts associated with division of an established community and consistency with the Pleasant Hill 2003 General Plan. - Section 3.10—Noise: Addresses the potential noise impacts during construction and at buildout of the proposed plan from mobile and stationary sources. The section also addresses the impact of noise generation on neighboring uses. - Section 3.11—Population and Housing: Addresses the potential impacts of the proposed plan related to housing and displacement. - Section 3.12—Public Services: Addresses the potential impacts related to public services, including fire protection, law enforcement, schools, parks, and recreational facilities. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Introduction FirstCarbon Solutions 1-13 - Section 3.13—Recreation: Addresses the potential impacts of the proposed plan related to recreational facilities and parkland. - Section 3.14—Transportation: Addresses the impacts related to the local and regional roadway system and circulation, public transportation, bicycle, and pedestrian access. - Section 3.15—Utilities and Services Systems: Addresses the potential impacts related to service providers, including fire protection, law enforcement, water supply, wastewater, solid waste, and energy providers. • Chapter 4: Effects Found Not To Be Significant. This chapter contains analysis of the CEQA topical sections that are not addressed in Chapter 3. • Chapter 5: Other CEQA Considerations. This chapter provides a summary of significant environmental impacts, including unavoidable and growth-inducing impacts. This section discusses the cumulative impacts associated with the proposed plan, including the impacts of past, present, and probable future projects. In addition, the proposed plan’s energy demand is discussed. • Chapter 6: Alternatives. This chapter compares the impacts of the proposed plan with the impacts of three alternatives: the No Project, No Development Alternative; the Code Compliant Alternative; and the Partial Historic Preservation Alternative. An environmentally superior alternative is identified. In addition, alternatives initially considered but rejected from further consideration are discussed. • Chapter 7: Organizations Consulted and Preparers. This chapter also contains a full list of organizations and persons that were consulted during the preparation of the EIR. This chapter also contains a full list of the authors who assisted in the preparation of the Draft EIR. • Appendices. The EIR-supporting technical appendices are as follows: - EIR Noticing and Public Involvement (Appendix A) - Lighting Study (Appendix B), prepared by Lindsley Lighting - Air Quality, Greenhouse Gas Emissions, and Energy Supporting Information, prepared by FirstCarbon Solutions (Appendix C) - Biological Resources Supporting Information, prepared and compiled by FirstCarbon Solutions, Live Oak Associates, and HortScience | Bartlett Consulting (Appendix D) - Cultural Resources and Tribal Cultural Resources Supporting Information, prepared and compiled by FirstCarbon Solutions (Appendix E) - Geology, Soils, and Geotechnical Supporting Information, prepared by ENGEO, Inc. and Dr. Finger (Appendix F) - Hazards and Hazardous Materials Supporting Information, prepared by ENGEO, Inc. (Appendix G) - Hydrology Supporting Information, prepared by WRECO (Appendix H) - Noise Supporting Information, prepared by FirstCarbon Solutions (Appendix I) - Transportation Impact Assessment, prepared by Fehr & Peers (Appendix J) City of Pleasant Hill—Oak Park Properties Specific Plan Introduction Draft EIR 1-14 FirstCarbon Solutions 1.5 - Documents Incorporated by Reference As permitted by CEQA Guidelines Section 15150, this EIR has referenced several technical studies, analyses, and previously certified environmental documentation. Information from the documents, which have been incorporated by reference, has been briefly summarized in the appropriate section(s). The relationship between the incorporated part of the referenced document and the Draft EIR has also been described. The documents and other sources that have been used in the preparation of this Draft EIR include but are not limited to: • Pleasant Hill 2003 General Plan as amended1 • Pleasant Hill 2003 General Plan EIR • Pleasant Hill Municipal Code In accordance with CEQA Guidelines Section 15150(b), Pleasant Hill 2003 General Plan, Pleasant Hill 2003 General Plan EIR, and the Pleasant Hill Municipal Code and other referenced sources used in the preparation of the EIR are available for review at the City of Pleasant Hill Planning Division at the address shown in Section 1.3.2, Public Review. 1 All references to the Pleasant Hill 2003 General Plan throughout the EIR incorporate the amendments to the Pleasant Hill 2003 General Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-1 CHAPTER 2: PROJECT DESCRIPTIONS The City of Pleasant Hill proposes to adopt the Oak Park Properties Specific Plan (proposed plan), a comprehensive planning document that would establish specific guiding principles for redevelopment of 16.60 acres of land across various properties within the Specific Plan area (plan area). The Specific Plan contemplates two development projects (the Civic Project and the Residential Project) within the plan area’s boundaries: The Civic Project located along and east of Monticello Avenue within the plan area would: • Redevelop the site of the former Oak Park Elementary School, which ceased operation in 1976. The buildings were utilized by a series of non-profits until 2008; all buildings and hardscape were demolished in 2009; • Develop a new City library and associated parking lot; • Modify existing floodplain drainage system with detention basins; • Upgrade three existing outfalls to Grayson Creek (Grayson Creek Outfalls Project); • Create a new pedestrian trail immediately west of the Grayson Creek Corridor; • Develop a new park with athletic fields and associated restroom/storage facilities and parking area; • Redesign and improve Monticello Avenue (between Oak Park Boulevard and Santa Barbara Road) to provide one lane in each direction, roadway utility improvements, bicycle lanes, sidewalks, street lights, and landscape improvements; and • Widen and improve Oak Park Boulevard (between the East Bay Municipal Utility District (EBMUD) trail right-of-way and the western plan area boundary) to include new turn pockets, roadway utility improvements, landscaping, street lights, and upgraded sidewalks on the north side of the street as well as upgrade the traffic signal at the Oak Park Boulevard/Monticello Avenue intersection. • Construct a potential future pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site. The bridge may be constructed once funding is secured. The Residential Project located west of Monticello Avenue within the plan area would: • Demolish the existing Contra Costa County Library and vacant administrative offices and remove the associated parking lot and redevelop the site with 34 single-family homes with seven accessory dwelling units; and • Develop a new pocket park. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-2 FirstCarbon Solutions This chapter provides an overview of the plan area location, setting, and land use designations/ zoning/ownership, and the two separate proposed projects’ objectives, land use components, details, and construction information. It also describes intended uses of the EIR by agencies with permitting and approval authority over the proposed plan, as well as required permits and approvals. 2.1 - Specific Plan Location and Setting 2.1.1 - Location Regional Location The City of Pleasant Hill is located in the eastern San Francisco Bay Area of California. The City is bordered to the south by the City of Walnut Creek, the west and northwest by the City of Martinez and unincorporated Contra Costa County, the east by the City of Concord, and the north by the unincorporated community of Pacheco (Exhibit 2-1). Located in central Contra Costa County, the City covers 8.2 square miles. The City historically has been a suburban community serving major employment centers to the west (City of San Francisco) and south (City of San José). Major roadway networks provide regional access to the surrounding areas. The roadways include Interstate 680 (I- 680) and State Route (SR) 242 to the east, SR-4 to the north, and SR-24 to the south. Local Setting The plan area is roughly located at the intersection of Oak Park Boulevard and Monticello Avenue, in an urban area of Pleasant Hill, Contra Costa County (Exhibit 2-2). The 16.60-acre plan area consists primarily of two properties, a portion of Grayson Creek Corridor, and segments of Oak Park Boulevard and Monticello Avenue. 2.1.2 - Existing Specific Plan Area Characteristics The plan area consists of relatively flat topography, ranging from approximately 20 to 50 feet above mean sea level. An off-site EBMUD trail defines the eastern plan area boundary, and Oak Park Boulevard defines the southern plan area boundary. Monticello Avenue roughly bisects the plan area north to south, providing access from Oak Park Boulevard to Santa Barbara Road, and the Mount Diablo Unified School District (MDUSD) property. The plan area contains approximately 302 existing trees. The Contra Costa County’s 37,364-square-foot Pleasant Hill Library and its 42,083-square-foot vacant County library system administrative offices (for a total of 79,447 square feet of improved building) occupy the property on the west side of Monticello Avenue. The east side of Monticello Avenue consists of vacant undeveloped land, with a chain-link fence along Oak Park Boulevard. The former Oak Park Elementary School ceased operation in 1976. The buildings were utilized by a series of non-profits until 2008; all buildings and hardscape were demolished in 2009. A chain-link fence runs along the western bank of Grayson Creek. In total, the 16.60-acre plan area currently contains approximately 5.83 acres of impervious surfaces and approximately 10.84 acres of pervious surfaces. 12 29 37 4 S o n omaCounty82 S an M ate o C o u nty 80 92 680 80 24 680 116 780 Ala m e d a C o u nty Contra Costa County Napa Rive r M o n tez u maSlough Sacram entoRiverCarquinezStrait NewYorkSlough San PabloReservoir Br io n esReservoi r Up p er S a nLeandroReservoir Lak e C habot Fairfield Suisun City Vallejo Benicia Bay Point PittsburgHerculesPinoleMartinez San Rafael Concord San Pablo Pleasant HillRichmondLarkspur El Cerrito Mill Valley Walnut CreekAlbanyLafayette Orinda Berkeley AlamoSan Francisco Moraga Piedmont Danville Alameda Oakland San Ramon DublinCastro ValleySan Leandro Daly City San Lorenzo PleasantonSouth SanFrancisco HaywardSan Bruno Pacifica AmericanCanyon Exhibit 2-1Regional Location Map 5 0 52.5 Miles Text Plan Area Source: Census 2000 Data, The CaSIL. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT42820009 • 08/2019 | 2-1_regional.mxd Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-2_local_vicinity.mxd Exhibit 2-2Local Vicinity Map Source: Bing Aerial Imagery. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT 1,000 0 1,000500 Feet Legend Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-7 Civic Project Property (Along and East of Monticello Avenue) The Civic Project property along and east of Monticello Avenue was formerly developed with an elementary school, which was demolished in 2009. The site is currently vacant and contains seasonal grasses, numerous trees, and shrubs with nominal topography. A 20- to 30-space dirt/gravel surface parking lot is located along the east side of Monticello Avenue. A chain link fence surrounds the northern, eastern, southern boundaries of the property, and a portion of the western edge. Oak Park Boulevard borders the property on the south. An existing Pleasant Hill Middle School athletic field is located to the north. The property includes a segment of Monticello Avenue between Oak Park Boulevard approximately 762 feet in total length. The west side of the private road is lined with trees and minimal landscaping. A sidewalk runs the full length of the street segment on the western side. The eastern side of the private road does not include a sidewalk. It is characterized by nominal landscaping, and an informally established dirt/gravel parking area, approximately 170 feet north of Oak Park Boulevard. The MDUSD owns the northern portion of Monticello Avenue. It includes 13 spaces of on-street parking and a sidewalk. The reach of Grayson Creek within the plan area has a varying width of approximately 30 feet from top-of-bank to top-of-bank. The Creek forms the eastern boundary of the plan area. The EBMUD trail is located on the east side of the Creek. Oak Park Boulevard, between Monte Cresta Avenue and the EBMUD trail, is approximately 690 feet in length. Maintained landscaping extends along the north side of the street along the existing Contra Costa County Education building with intermittent vegetation along the existing library location. Vegetation continues along the existing vacant area towards the EBMUD trail to the east. A sidewalk runs the full length of the street segment on the north side of the street. Sidewalks are intermittent on the south side of the street. Bike routes run the full length of the street segment on the north and south sides of the street. Overhead utility lines also run the full length of the street segment on the south side of the street. The Civic Project site currently contains 2.09 acres of impervious surfaces, and 9.54 acres of pervious surfaces. Residential Project Property (West of Monticello Avenue) The Contra Costa County’s 37,364-square-foot Pleasant Hill Library is located roughly in the center of the Residential Project property. Attached to the existing library on the north is 42,083-square-feet of office space. In addition, a parking lot containing 140 spaces in the South Library lot and 40 parking spaces in the North Library lot plus one motorcycle space (182 vehicular spaces and one motorcycle space, in total) exists on the property. The primary access to the South Library lot is off of Oak Park Boulevard. This parking lot consists of asphalt with marginal landscaping along street frontages and curb medians. The North Library lot consists of asphalt with marginal landscaping. Parking is available for library visitors free of charge. Secured bicycle racks are located among ornamental trees and shrubbery next to the main library entrance. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-8 FirstCarbon Solutions The existing library originally served two functions: operating as both the Central Library and the Pleasant Hill Branch Library. It consists of a circular building with a large rotunda on the first floor and mezzanine upper level. The northern portion of the library building connects to vacant offices. The building is setback approximately 230 feet from Oak Park Boulevard and 130 feet from Monticello Avenue. The Central Library housed a collection of books, audiobooks, and various forms of digital media. The library contains the following special collections: the Baldwin Collection/California, federal government documents, a vault of local historic materials and historic maps, and an extensive archive of newspapers and periodicals. The special collections were formerly part of the Central Library, and are currently being transitioned to other locations. The library is also host to community events, groups, and book clubs. The library building area is landscaped with a range of ornamental trees and shrubbery. The vacant office space to the north of the existing library consists of a “u-shaped” building. The building varies in height from one-story (towards Oak Park Boulevard) to two stories (towards Santa Barbara Road). A main driveway from Santa Barbara Road provides access to the North Parking Lot and an interior storage, loading, and delivery area, which is also used for limited volunteer/employee parking. Paved sidewalks flank the eastern and northern boundaries of the office building. The property is landscaped with ornamental trees and shrubbery to the east and west. The Residential Project site currently contains 3.74 acres of impervious surfaces, and 1.30 acres of pervious surfaces. 2.1.3 - Existing Land Use Designations, Zoning, and Ownership Land Use Designations The Pleasant Hill 2003 General Plan serves as a guide for the day-to-day physical development decisions that shape the social, economic, and environmental character of the City’s planning area. The Pleasant Hill 2003 General Plan designates land uses throughout the City according to a land use map. The plan area is designated as “Semi-Public and Institutional” to the west of Monticello Avenue, and “Mixed Use” to the east of Monticello Avenue. The portions of the plan area currently owned by MDUSD to the north (Assessor’s Parcel Number [APN] 149-230-008) are designated “School” (see Exhibit 2-3). The “Semi Public and Institutional” designation generally allows utility facilities and easements, libraries, City offices, fire stations, churches, and hospitals. The “Mixed Use” designation generally allows a variety of land uses including residential, retail, commercial, office, and/or public uses, and provides flexible parking and setback requirements. Land use designations surrounding the plan area include “Park” and “School” to the north, “Multi- family Medium” densities to the west, “Single-Family High Density Residential” to the south, and “Single-Family High Density Residential” further east towards I-680. The Pleasant Hill 2003 General Plan designates airport “influence areas” within the City that are subject to the Contra Costa County Airport Compatibility Land Use Plan (ACLUP). According to the ACLUP, the Buchanan Field Airport influence area extends approximately 2.5 miles from the runways, encompassing most of the City north of Boyd Road. The plan area is located south of Boyd Road and approximately 2.9 miles from the runways, and, thus, is not located within the Buchanan Airport Influence Area. 42820009 • 08/2019 | 2-3_existing_GPLU.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-3 Existing General Plan Land Use Designations Source: City of Pleasant Hill General Plan Land Use Map. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-11 Zoning The Pleasant Hill Municipal Code contains a compilation of the City’s planning and zoning ordinances. The zoning ordinances contain specific land development requirements (setbacks, heights, density) that apply to a given property. Exhibit 2-4 shows the current zoning for the Specific Plan area, which include the following: • Single Family–10,000-square-foot Lots (R10) to the west of Monticello Avenue • Planned Unit District (PUD 410) to the east of Monticello Avenue Pursuant to Pleasant Hill Municipal Code Chapter 18.20, the R10 zoning district allows for medium density single-family residential land use. The R10 zoning district allows development densities from 3.1 to 4.5 units per net acre, with a minimum lot size of 10,000 square feet. Development within the R10 zoning district is also subject to building standards that ensure compatibility with surrounding land uses. The Planned Unit Development (PUD) zoning district generally allows flexibility in determining appropriate land uses for the proposed plan. A project sponsor must develop a PUD Concept plan, which the City reviews and subsequently adopts to guide development within the PUD plan area. An adopted PUD Concept plan also ensures project-level conformity with applicable land use regulations, building standards, and architectural review requirements. Zoning districts surrounding the plan area include “R10” to the north, “Multi Family—Medium Density” to the west, “Single Family—10,000-square-foot Lots” to the south, and “Planned Unit District” to the east and “Single Family—7,000-square-foot Lots” even further east towards I-680. Ownership The County and MSUSD own the majority of the property within the plan area, while the City owns the Oak Park Boulevard right-of-way, as depicted in Exhibit 2-5. 2.1.4 - Surrounding Land Uses The area surrounding the plan area is developed with a mix of land uses typical of an urban setting and contains commercial- and professional-office, single-family and multi-family residential, school, open space, and public park and trail uses. Exhibit 2-6 depicts the surrounding land uses. Specifically, west of the plan area land uses consist of a mix of uses including the County Office of Education building and parking lot, apartment buildings, office space, and commercial retail. North of the plan area, land uses consist of single-family homes, the Prospect Alternative High School, the Pleasant Hill Adult Education Center, the Pleasant Hill Middle School, and the Pleasant Oaks Park with five softball/baseball fields and a surface parking lot. East of the plan area and across Grayson Creek Corridor is the EBMUD aqueduct corridor that contains three major water transmission lines, ranging from 65 to 88 inches in diameter. An 88-inch pipe is located closest to the plan area with the pipe’s centerline approximately 35 feet east of the EBMUD 100-foot right-of-way line. An existing multi-use trail is located within an EBMUD-owned utility easement and located immediately east of the plan area. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-12 FirstCarbon Solutions The City and EBMUD entered into a Revocable Landscaping License in May 1982. The license allows the City to construct certain landscaping and trail improvements within the EBMUD aqueduct right- of-way between Contra Costa Boulevard and Oak Park Boulevard, subject to review and approval by the EBMUD. The license covers the segment of the aqueduct between Ellinwood Drive to the north and Oak Park Boulevard to the south. Under the license, the City had previously constructed a bicycle/pedestrian trail within the EBMUD right-of-way, and installed landscaping that extends northward from Astrid Drive to West Hookston Road. Farther east of the off-site EBMUD right-of way, land uses include single-family homes, a senior living community operated by Aegis of Pleasant Hill, and a Mobil gas station. South of the Specific Plan area and across Oak Park Boulevard, land uses consist of single-family neighborhoods. 2.2 - Specific Plan Objectives The proposed plan has the following objectives for implementation of the two projects: Specific Plan • Adopt a comprehensive planning document to establish specific guiding principles for redevelopment of 16.60 acres of land across various properties within the plan area that includes a Civic Project (Library, Roadway, Trail, Stormwater Infrastructure and Park Improvements) and a Residential (infill development) Project. Civic Project Library Component • To develop a new, state-of-the-art community library with interior and exterior community gathering spaces that serves the citizens of the City of Pleasant Hill and the vicinity well into the future; • To support multi-generational learning and a variety of learning styles as well as overall literacy within the community. Roadway, Trail, Creek, and Floodplain Improvements Component • To provide the needed pavement surface, bike/pedestrian facilities, and other public roadway infrastructure to facilitate a logical and safe roadway facility that balances the overall needs of vehicles, bicycle, and pedestrians in the area and address key traffic circulation issues within the limits of the Civic Project; • To create a new pedestrian trail parallel to and providing visual access to Grayson Creek; and • To enhance stormwater capacity, conveyance, and detention within the existing floodplain and protect the proposed new library building from flooding by increasing its site elevation. Park Component • To enhance recreation and park facilities for City of Pleasant Hill residents; • To create new high-quality athletic fields to support local youth leagues and provide positive out-of-school time youth activities; City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-13 • To increase field time available for sports leagues by extending useable playing time; • To provide opportunities for adults to improve their health and wellness through active sports opportunities; • To offer a community-gathering place via a park that provides active and passive spaces; • To reduce impact on other parks in the City of Pleasant Hill by adding popular amenities such as bocce ball courts; • To improve drop-off/pick-up access to Pleasant Hill Middle School through the modification of the parking area north of the Civic Project site; and • To meet the recreation service demand established in the Contra Costa Local Agency Formation Commission Municipal Service Review: Parks and Recreation and Cemetery Services.1 Residential Project • To maximize infill development on underutilized properties in an area served by public transit; • To develop residential land uses in an area served by adequate infrastructure and services; • To provide housing opportunities within the City of Pleasant Hill that will help address an overall housing shortage throughout the Bay Area region; and • To create new housing proximate to public services such as schools, parks, and other community facilities in order to reduce vehicle trips that would otherwise be necessary. 2.3 - Specific Plan Components The boundaries of the plan area are provided in Exhibit 2-7 and the conceptual site plans are provided in Exhibit 2-8. The components of the proposed plan are described by project below. 2.3.1 - Civic Project The City of Pleasant Hill and the Recreation and Parks District (RPD) are the sponsors of the Civic Project. The Civic Project includes the following components. Proposed Land Uses Library The proposed library would be located on the eastern side of Monticello Avenue, in the southern portion of the 1700 Oak Park Boulevard property. The proposed library would consist of approximately 23,900 square feet2 (Exhibit 2-9 depicts exterior elevations for the proposed library and Exhibit 2-10a and Exhibit 2-10b depict representative illustrations). 1 Contra Costa County Local Agency Formation Commission. 2010. Municipal Service Review: Parks and Recreation & Cemetery Services. April. 2 To provide a conservative estimate, this EIR assumed that the library is 25,000 square feet. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-14 FirstCarbon Solutions The proposed library would provide programs and features that include book collection areas, indoor and outdoor gathering spaces, maker space, technology, Friends of the Library bookstore, and other space to support building operations. Exterior program space would include play areas and picnics along the Grayson Creek Corridor. A public plaza would connect the vehicular drop-off zone to the building entry. Landscaping would surround the building and parking lot, and bio-retention area would be provided for integrated stormwater capture, pre-treatment, and floodwater detention. All project improvements associated with the proposed library would be setback a minimum of 10 feet from the top bank of Grayson Creek. Park The Civic Project includes a new park with athletic fields located directly north of the proposed library as shown in Exhibit 2-8. The new park would consist of two approximately 40,000-square-foot baseball fields. Ballfields would include two dugouts and two bullpens per field for a total of four of each. A 54,000-square-foot soccer field would overlay on the ballfield grass between the two diamonds. Two built-in bleachers approximately 40 feet in length with 3 rows of seats would be included at each diamond, with seating for 53 persons per field. The field surface would be natural grass and would use recycled water for irrigation. Restrooms would include three standard unisex stalls each with a toilet and sink, and one Americans with Disabilities Act (ADA) unisex stall. The park would also include three 720-square-foot bocce ball courts, comprised of decomposed granite with a layer of oyster shell. The Civic Project would include construction of a new pedestrian trail immediately west of the Grayson Creek Corridor and along the northeastern portion of the 1700 Oak Park Property. A new children’s play area would be included at the northeastern corner of the park site just west of the new pedestrian trail. A picnic area would also be provided just south of the bocce court. As detailed below, a new electrical system would be installed to provide lighting for evening- time events and security. The new system would include 11 poles ranging in heights of 40 to 70 feet. Proposed park hours are from sunrise until 10:00 p.m. (if activities are scheduled). A 900-square- foot restroom and storage area would be developed on site. The park would include 40,000 square feet of concrete paving (including the concrete walkways, areas behind backstops, etc.). All improvements associated with the park would be setback a minimum of 10 feet from the top bank of Grayson Creek. The park would be used for youth and adult sports practices and games, with a maximum of two games scheduled simultaneously. From January through July, youth baseball/softball practices and games would be generally scheduled on school days from 4:00 p.m. to 8:00 p.m. and weekends from 8:00 a.m. to 8:00 p.m. From August through December, youth soccer practices and games would be scheduled Monday through Friday from 4:00 p.m. to 8:00 p.m. and Saturday and Sunday from 8:00 a.m. to 8:00 p.m. Adult softball would be scheduled when the fields are not in use by youth sports from 6:00 p.m. to 10:00 p.m. Monday through Friday. In addition, it is anticipated that one bocce game would be scheduled per court Monday through Friday from 6:30 p.m. to 10:00 p.m. Park amenities would be available for casual park users without a reservation when not reserved for permitted use by local sports leagues. 42820009 • 08/2019 | 2-4_existing_zoning.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-4 Existing Zoning Code Designations Source: City of Pleasant Hill General Plan Zoning Map. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-5_existing_site_ownership.mxd Exhibit 2-5Existing Ownership Source: Bing Aerial Imagery. Contra Costa County GIS Data. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT 300 0 300150 Feet Legend Plan Area 16.60 acres Existing Ownership City of Pleasant Hill Contra Costa County Mount Diablo Unified School District THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-6_surrounding_land_uses.mxd Exhibit 2-6Surrounding Land Uses Source: Bing Aerial Imagery. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT 360 0 360180 Feet Legend Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-7_boundaries_of_civic_proj_residential_proj.cdr Exhibit 2-7 Boundaries of Civic Project and Residential Project CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: EINWILLERKUEHL Landscape Architecture. Legend Residential Project Civic Project Plan Area THIS PAGE INTENTIONALLY LEFT BLANK I 42820009 • 08/2019 | 2-8_conceptual_site_plans.cdr Exhibit 2-8 Conceptual Site Plans CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: EINWILLERKUEHL Landscape Architecture. - 135 SPACES Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-9_civic_project_propsed_library_concept_Elevations.cdr Exhibit 2-9 Civic Project, Proposed Library - Conceptual Elevation CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: Bohlin Cywinski Jackson, February 2019. THIS PAGE INTENTIONALLY LEFT BLANK View of the Proposed Library from Oak Park Boulevard. 42820009 • 08/2019 | 2-10a_civic_project_proposed_library_illustration.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-10a Civic Project, Proposed Library Representative Illustration Source: Oak Park Properties Specific Plan, 2019. THIS PAGE INTENTIONALLY LEFT BLANK View of the Proposed Library from Monticello Avenue. View of the Proposed Library from Monticello Avenue. 42820009 • 08/2019 | 2-10b_civic_project_proposed_library_illustration.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-10b Civic Project, Proposed Library Representative Illustration Source: Oak Park Properties Specific Plan, 2019. THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-31 In the event of extreme rain events (such as 25-year or greater storm events), the recreational fields may be utilized to detain stormwater; use of the fields may therefore be disrupted intermittently. Trail The Civic Project would install a new pedestrian trail immediately west of the Grayson Creek Corridor. At some time in the future, contingent upon funding, the City may install a future bridge connecting the new pedestrian trail to the EBMUD trail. Circulation, Access, and Parking Proposed roadway improvements to Oak Park Boulevard include widening, resurfacing, restriping, and modifying the existing signal. In addition, dedicated bike lanes would share the roadway. This segment of Oak Park Boulevard would be widened from the western Civic Project boundary to the eastern Civic Project boundary. The intersection at Oak Park Boulevard and Monticello Avenue would be improved with new turn lanes and signal modification. A new left turn lane would allow vehicles to enter Monticello Avenue from the west. A new right turn lane would allow vehicles to enter Monticello Avenue from the east. In addition, a new left turn land would allow vehicles to enter a day care facility to the south. Proposed roadway improvements to Monticello Avenue include complete reconstruction of the road and restriping to provide one dedicated northbound lane and one dedicated southbound lane. The southbound lane would terminate at Oak Park Boulevard with a shared left and right turn lane. In addition, dedicated bike lanes would share the roadway. The Civic Project would include 30 parking spaces (16,988 square feet of asphalt paving) at the northwest corner of the ballfields at the intersection of Monticello Avenue and Santa Barbara Road. The MDUSD would own this parking lot, but it would be managed by RPD. The City would provide access to the library from Monticello Avenue via a single, shared driveway 300 feet north of the Monticello Avenue/Oak Park Boulevard intersection that would provide access to a 135-space parking lot that would be shared with users of the RPD athletic fields to the north. Upon entering the property and continuing south, vehicles could park or drop visitors off at a designated area near the library main entrance. The library would face the street frontages along Oak Park Boulevard, Monticello Avenue, and the Grayson Creek Corridor. No on-street parking is proposed. Transit County Connection Route 9 provides bus service to the vicinity of the plan area. Bus stops serving this route are located along Oak Park Boulevard and along Patterson Boulevard (located approximately 0.22 mile west). Route 9 provides services from Diablo Valley College to Pleasant Hill Bay Area Rapid Transit (BART) Station, located at 1365 Treat Boulevard, on the east side of I-680 near the Treat Boulevard interchange. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-32 FirstCarbon Solutions Bicycle As illustrated in the 2009 Contra Costa Countywide Bicycle and Pedestrian Plan, a Class I bike lane exists on the EBMUD Trail, located along the Specific Plan’s eastern border.3 Class III bike lanes exist on Oak Park Boulevard, and Patterson Boulevard (located approximately 0.22 mile west). There are signage/markings along these bikeways to assist bicyclists. Pedestrian In general, sidewalk coverage is currently adequate on the roads near the plan area. Sidewalks begin at the intersection of Oak Park Boulevard and the EBMUD trail, extending westward along the north side of Oak Park Boulevard and partially on the south side. A sidewalk is also available on the west side of Monticello Avenue. No sidewalks are currently available along the east side of Monticello Avenue. Sidewalks on both shoulders of Monticello Avenue (school property) continue northward from Santa Barbara Road towards Hawthorne Drive, past the Pleasant Hill Middle School and the Pleasant Oaks Park. Proposed improvements to Oak Park Boulevard and Monticello Avenue would provide needed pavement surface, bike and pedestrian facilities, and other public roadway infrastructure. The improvements are necessary to provide adequate service to the Civic Project. Design, Lighting, and Signage Library The proposed library would consist of a rectangular building approximately 282 feet long by 144 feet wide. The building would be oriented horizontally (east to west) along the property with a large, single sloped roof facing the parking lot and rise from 14 feet to 29 feet towards Oak Park Boulevard. In addition, three “pavilions” ranging from 10 feet to 14 feet in height would be attached to the southern face of the building. The roofing material would be standing seam metal. The exterior façade materials would be a combination of aluminum curtain-wall and windows, aluminum louvers, and painted or stained wood, or cementitious siding. Illuminated exterior signs would be provided for the library at the intersection of Oak Park Boulevard, and a decorative, low-level illuminated sign would be located near the entrance. The parking lot would include pole lights, while pedestrian paths would include a combination of pole lights and bollards. The southern face of the library would be illuminated with ground-mounted wall washing lights. Areas under canopies and overhangs would be illuminated with downlights mounted on the structure. A way-finding sign would be provided at the entrance to the library parking lot off Monticello Avenue. Lighting would be provided along the pedestrian trail immediately west of the Grayson Creek Corridor and would be shut off at 10:00 p.m. No signage is proposed along the Grayson Creek Corridor. 3 Contra Costa Transportation Authority (CCTA). 2009. 2009 Contra Costa Countywide Bicycle and Pedestrian Plan. Website: http://www.ccta.net/uploads/5297adc44d334.pdf. Accessed July 3, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-33 Park A new electrical system would be installed to provide lighting for evening-time events and security at the proposed park. The new system would include 11 poles ranging in heights of 40 to 70 feet. New lighting poles would be installed along the perimeter of the athletic fields and managed through a 6- zone switching schedule (i.e., Zone 1—6 would control lighting for the Baseball/Softball Field No. 1, Soccer Field No. 1, Baseball/Softball Field 2, and bocce ball court, and security, respectively). The number of fixtures per pole vary from 1 to 7 depending on the type of fixture. Approximately 72 fixtures across the system would provide between 16,599 and 121,000 lumens or a system-wide electrical capacity of 64.57 kilowatts. The park lighting system would operate on an automatic timer. The lighting system would only be active when fields are scheduled for use. The lighting schedule would also be dependent on daylight hours and would be programmed for use from 30 minutes prior to sunset until 10:00 p.m. The new bocce courts would be lit with two lampposts that are 24 feet tall. Parking and pathways would be lit with poles not to exceed 24 feet. The style of poles and fixtures would match the fixtures currently located at Pleasant Oaks Park. One illuminated marquee sign that is 5-feet 3-inches tall, and 6-feet wide with the park name would be placed along Monticello Avenue. The materials for the marquee sign would be concrete and aluminum. No more than six park regulation signs (a maximum of 24 inches by 30 inches) would be placed on the perimeter fence at all points of entry to the park facilities and on the restroom building Roadways The Civic Project would include new streetlights along Monticello Avenue, between Oak Park Boulevard and Santa Barbara Road. The Civic Project would include new streetlights along the northern segment of Oak Park Boulevard and standard cobra head streetlights mounted on existing utility poles on the southern side of Oak Park Boulevard. Landscaping and Open Space The Civic Project would include the removal of 53 trees and the planting of 252 trees, as described below. Library The Civic Project would be landscaped with a variety of plant species that reflect local conditions and complement the overall design intent of the library. A mixture of 159 trees, including native and climate-appropriate tree species would line the perimeter, and additional trees would be placed across the parking lot medians with grass buffering; 32 trees would be removed. Buffer planting would also be incorporated along all street fronts and throughout the area abutting the Grayson Creek Corridor. Bubblers would irrigate trees located in the parking lot and library promenade area. Drip irrigation would irrigate all other trees. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-34 FirstCarbon Solutions Park The ballfields and related amenities would be landscaped with a variety of plant species that reflect local conditions and complement the overall design intent of Pleasant Oaks Park located to the northwest of the property. The Civic Project would retain or plant new trees providing for 23 trees on the ballfields property; 18 trees would be removed. Grayson Creek Existing mature native or climate-adapted trees within the top of bank setback would be reviewed by an arborist for health and preservation where possible. As noted previously, contingent upon future funding, the City may install a bridge across Grayson Creek, connecting the new pedestrian trail to the EBMUD trail. Additional tree planting would be required as part of regulatory permitting for the proposed outfalls, and would likely consist of native willows. Roadways Proposed plantings along Monticello Avenue and Oak Park Boulevard would include a minimum of 70 drought-tolerant trees and a groundcover planting of native and/or climate-adapted plants to separate the sidewalk from the street. Bubblers would irrigate trees, and drip irrigation would irrigate all other plantings. No trees would be removed as part of the roadway improvements. Infrastructure Improvements Domestic Water Water service would be provided by installing a new 8-inch main along Monticello Avenue. The main would connect to the library 120 feet north of Oak Park Boulevard. Fire-related water service would also be provided by the 8-inch main and connect to dedicated 6-inch mains at the library building. A second connection to provide water for fire hydrants in the parking lot is also proposed. The connection would be located at the parking lot entrance beneath Monticello Avenue and run parallel to the library building. New water lines would be placed beneath Monticello Avenue between Oak Park Boulevard and Santa Barbara Road and would run along the centerline of the street right-of-way. There are no proposed changes to the existing 10 inch main beneath Oak Park Boulevard. Recycled Water An existing 10-inch recycled water line would be extended south from Pleasant Oaks Park, allowing for irrigation with recycled water at the proposed athletic fields and library properties. The extension would be located along Monticello Avenue. The City estimates that the areas along Oak Park Boulevard and Monticello Avenue would demand a peak-flow of 12 gallons per minute (gpm). The park would utilize an estimated 3.6 million gallons per year. A new connection to service the proposed library would be established approximately 120 feet north of Oak Park Boulevard. The City estimates that the library would demand a peak-flow of 45 gpm. As noted previously, contingent upon future funding, the City may install a bridge across Grayson Creek, connecting the new pedestrian trail to the EBMUD trail. A small-diameter recycled waterline and City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-35 stub out would be available in the future for the potential pedestrian bridge crossing Grayson Creek for purposes of conveying recycled water to the landscaped area immediately east of the creek. There is no recycled water infrastructure in Oak Park Boulevard between Monte Cresta Avenue and the EBMUD Trail, and the Civic Project would not include the installation of recycled water infrastructure within this street segment. Stormwater Drainage Stormwater and surface run-off would be collected via a new storm drainage system and either conveyed to Grayson Creek through three outfalls that would be upgraded as part of the Civic Project, or collected into on-site bioretention ponds or, in the case of extreme rain events, detained on the sports fields. The proposed drainage and flood protection improvements (Grayson Creek Outfalls Project) would mimic the existing 100-year floodplain boundary footprint. Exhibit 2-11 depicts the locations of the proposed improvements to Grayson Creek and the proposed stormwater drainage is outlined below. The purpose of the Grayson Creek Outfalls Project is to: 1) replace and upgrade an existing damaged corrugated metal pipe outfall that currently drains the northeast corner of the Civic Project site, 2) replace and upgrade the existing damaged pipe outfall at the eastern edge of the Civic Project site with a new pipe outfall which will drain the on-site bio-retention basins, and 3) replace and upgrade the existing outfall at the southeast corner of the Civic Project site to drain stormwater from the on- site portion of Oak Park Boulevard to Grayson Creek. All new pipe outfalls will be approximately the same size diameter as the existing pipes. Stormwater and surface run-off would be collected via a new storm drainage system and either conveyed to Grayson Creek, collected into on-site bio retention ponds, or, in the case of extreme rain events, detained on the northern portion of the project site. The proposed drainage and flood protection improvements would improve conveyance capacity for the stormwater to minimize the flooding that is currently experienced across the Civic Project site. The existing single 24-inch drainage conveyance system along Oak Park Boulevard will be improved to include two separate storm drainage systems (a western system and an eastern system). The western system will upsize the existing 24-inch storm drain pipe (southern on-site outfall) currently located along the on-site portion of Oak Park Boulevard to a 36-inch pipe. The western system will diverge from its existing alignment by turning northward along the eastern side of Monticello Avenue, extending eastward through the Civic Project site, and then extending northward through the on-site double 18-inch pipes towards an existing 15-inch outfall into Grayson Creek (central on-site outfall). In the event of extreme rain events such as 100-year storm event, when the on-site section of Grayson Creek reaches capacity, stormwater will be detained on the northern portion of the Civic Project site and slowly released through the 15-inch outfall (northern on-site outfall) that includes riprap for energy dissipation. The eastern system begins east of Monticello Avenue and conveys stormwater towards an existing 36- inch outfall (central on-site outfall) into the on-site portion of Grayson Creek. The existing 24-inch storm drain pipe located along the on-site portion of Oak Park Boulevard will be improved with City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-36 FirstCarbon Solutions additional catch basins and shallow box culverts with slotted openings that will connect to a new diversion manhole structure. A short section of this 24-inch storm drain pipe and catch basins will be constructed along the south side of Oak Park Boulevard at the eastern edge of the Civic Project site boundary and cross Oak Park Boulevard to the new diversion manhole structure. This outfall (southern on-site outfall) will be replaced with a new 36-inch outfall structure that includes riprap for energy dissipation. Storm water from this eastern system will be conveyed to Grayson Creek through this 36- inch outfall. In the event of extreme rain events such as 100-year storm event, when the on-site portion of Grayson Creek reaches capacity, storm water from the Civic Project site would be conveyed through a new 36-inch pipe which extends northward through double 18-inch pipes towards the 15-inch outfall (northern on-site outfall) at the northeast corner of the Civic Project site, that includes riprap for energy dissipation. Stormwater from the southern portion of the Civic Project site would be directed to C3 bio-retention ponds located at the southeastern side of the Civic Project. The existing 8-inch outfall structure will be replaced with a new 8-inch riprap outfall structure and will drain the C3 ponds into Grayson Creek. Sanitary Sewer All sewer lines for the Civic Project would connect to an existing 10-inch municipal sewer main line that runs north-to-south through the eastern side of the property. A portion of the existing sewer main line would be realigned eastward in order to avoid being placed beneath the proposed new library building. Service to the proposed library building on this property would be provided by one lateral connection to the 10-inch sewer main line on the eastern side of the property. Another lateral connection for the trash enclosure would be established in the parking lot to the north of the library and would connect to the same 10-inch sewer main line. Both connections would be made at the realigned section of the sewer main line on the eastern side of the building. The proposed park’s public restroom would connect to the existing 10-inch line via a sewer lateral just north of the proposed parking lot. A second sewer lateral for the trash enclosure would be established from the new satellite parking lot located north of the fields (northern parking lot) and would then connect to the same existing 10-inch sewer main line on the eastern side of the fields. No connections will be made to the existing sanitary sewer line running beneath Oak Park Boulevard for the Civic Project. Solid Waste and Recycling Collection Republic Services provide solid waste disposal services for the City of Pleasant Hill. Republic Services is a private company that provides non-hazardous solid waste and recycling services for commercial, industrial, municipal, and residential customers. The sole repositories of solid waste for the City of Pleasant Hill are the Acme and Keller Canyon Landfills. 42820009 • 08/2019 | 2-11_Grayson _Creek_Im provem en ts.m xd Exhibit 2-11Grayson Creek Im provem en ts Source: Bin g Aerial Im agery. Con tra Costa Coun ty GIS Data. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENV IRONMENTAL IMPACT REPORT 300 0 300150 Feet 3 2 1 4 5 Legend Plan Area Replace existing storm drain outfall Replace and upgrade existing damaged pipe outfall with new pipe outfall Replace and upgrade existing outfall Proposed Bioretention Basins Future Potential Pedestrian Bridge 1 2 3 4 5 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-39 Republic Services would provide garbage and recycling service to the proposed library and park. The library and park uses would be serviced by existing solid waste and recycling collection routes. A designated trash enclosure for the library would be located in the southwestern corner of the parking lot and to the west of the library entrance. A designated trash enclosure for the park would be located along the northern boundary of the park in proximity to the northern parking lot. Power and Telecommunications Pacific Gas and Electric (PG&E) provides electrical and natural gas services to customers in the City of Pleasant Hill. PG&E’s natural gas and electricity services cover approximately 70,000 square miles in Northern and Central California. The transmission and delivery system comprises 1.5 million miles of transmission pipelines and distribution systems delivering natural gas to over 16 million people. Currently, PG&E has 5.4 million electric customer accounts and 4.3 million natural gas accounts. The electrical generation system produces more than 296,000 gigawatt-hours each year. The City would install a new joint utility trench along Monticello Avenue between Oak Park Boulevard and Santa Barbara Road within the future public right-of-way to provide for electrical, gas, and telecommunication services for the library. New conduits/vaults would be installed between the utility trench and the library. The City would install a new joint utility trench starting on the south side of Oak Park Boulevard. The new conduit would cross Oak Park Boulevard to the east of Monticello Avenue, and would continue westward along the north side of Oak Park Boulevard, to the Monticello Avenue intersection. New utility lines would extend along Monticello Avenue and run north. A new transformer will be installed between Monticello Avenue and the library parking lot; a second transformer would be located along the northern boundary between the ballfields and the northern parking lot. The park would not require new telecommunications and gas service. Demolition, Relocation, Remediation, and Removal The property located to the east of Monticello Avenue is currently vacant land (the previous Oak Park Elementary School and associated parking lot were demolished in 2009). No permanent structures or buildings currently exist on the property. Thus, no demolition would occur on this property. Improvements to Monticello Avenue would include removing the existing roadway surface. In total, approximately 39,921 square feet of impervious surface and 11,796 square feet of pervious surface (for a total of 51,717 square feet) of existing Monticello Avenue may be removed, compiled, and trucked for disposal off-site, or recycled if possible. Monticello Avenue would be closed completely or intermittently, or would be reduced to one-way, controlled traffic during the demolition phases as needed. Improvements to Oak Park Boulevard would include removal of 29,588 square feet of impervious surface and 1,801 square feet of pervious surface (for a total of 31,389 square feet). A temporary stoplight would be installed at the intersection of Monte Cresta Avenue and Oak Park Boulevard, as needed, when work on Monticello Avenue requires such operation. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-40 FirstCarbon Solutions A chain-link fence runs along the top (north to south) of the Grayson Creek bank, and this fence would be removed as part of the Civic Project. Construction Schedule Construction of the proposed library and infrastructure improvements are anticipated to start as early as April 2020 and finish in the fall of 2021. The contractor for the Civic Project would utilize the proposed ballfields for laydown and storage. Construction of the proposed new athletic fields is anticipated to start in the fall of 2020 and finish in the fall of 2021, respectively. For the purposes of presenting a conservative analysis in this EIR, it is assumed that construction would start in Fall 2019. Site Preparation The City estimates that there would be approximately 500 cubic yards of dirt to be cut and exported from the Civic Project site. The Civic Project would require approximately 5,760 cubic yards of fill, which would be imported to the site. Exported soils would be hauled to an appropriate off-site location accepting of this type of material for disposal. Throughout the excavation phase, contractors would utilize Oak Park Boulevard and an identified spoil dumping location to minimize the impact on the surrounding streets and businesses and to maximize the construction workflow efficiency. Overall site preparation activities (grading and undergrounding utilities) would require approximately 20 weeks of material handling. Hours Per the City’s Municipal Code, construction activities throughout the duration of construction would be limited to the hours of 7:30 a.m. to 7:00 p.m. Monday through Friday, and Saturday from 9:00 a.m. to 6:00 p.m. No construction is allowed on Sundays or City holidays, without written permission. Construction Vehicle Trips The City would minimize disruptions to the circulation system during construction. Construction- related traffic (heavy-duty trucks, deliveries, etc.) from, and to, I-680 would be routed along Oak Park Boulevard. Bicycle and pedestrian signage would be posted to direct traffic and ensure non- motorist safety. The City would also delineate and coordinate efforts to maintain roadway, bus, and pedestrian route access during construction. The City would coordinate major excavation, concrete placements, and material deliveries to minimize traffic congestion and avoid adversely affecting local businesses and residents. A staging area and logistics plan would be devised to maximize the effective space available during construction to minimize disruptions and to maximize public safety. All construction areas would be fenced, secured, and inspected routinely for safety and security. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-41 Vehicle Access Oak Park Boulevard and Monticello Avenue would provide primary access during construction with one-way flaggers in place, as needed. Periodically, one southbound lane would be established on Monticello Avenue after 8:30 a.m. to 7:00 p.m. during non-school days and northbound access would be diverted through Monte Cresta Avenue to Santa Barbara Road. When complete closure on Monticello Avenue is required (school closures and holidays), a two-way detour and secondary circulation pattern to and from Santa Barbara Road through Monte Cresta Avenue would be in place with a temporary signal installed at the intersection of Oak Park Boulevard and Monte Cresta Avenue. Pedestrian Access During construction, the Civic Project would maintain pedestrian access along the west side of Monticello Avenue to Santa Barbara Road and to Oak Park Boulevard. After the east sidewalk is constructed along Monticello Avenue, pedestrians would be redirected there until construction of the western sidewalk is complete. Other secondary routes would be established via existing sidewalks to and from Monte Cresta Avenue to Oak Park Boulevard. Secondary routes to and from the Pleasant Hill Middle School campus would be provided through Hawthorne Drive to Patterson Boulevard. 2.3.2 - Residential Project Proposed Land Uses Residences The County is the sponsor of the Residential Project. The Residential Project would include up to 34 single-family dwelling units with seven accessory dwelling units with a proposed density of 10 dwelling units per acre. The residential units would be a maximum of 35 feet in height ranging from 2,800 square feet to 3,400 square feet in size with a minimum lot size of 3,936 square feet, for a total of approximately 106,654 square feet of development. Residences would face the street frontage along Monticello Drive, where no on-street parking is proposed. A new circulation system would provide access to the residential buildings via a private road, with off-street parking along internal streets. Exhibits 2-12a through 2-12d illustrate the conceptual elevations of the residences. The Residential Project would include 153 parking spaces for residents and guests, including 68 parking spaces within individual garages, 68 driveway apron parking spaces and 17 on-site on-street spaces. Residential Pocket Park The Residential Project would include creation of a pocket park, located on the northwest corner of the Residential Project site, along Santa Barbara Road. The Pocket Park would provide active and passive recreation opportunities, featuring an open lawn for free play, along with a universal access walkway providing a variety of seating and picnic locations. Existing and new trees will provide plenty of shade while the planting palette and fence style will reflect the existing Pleasant Oaks Park across the street. The park would utilize water wise, bay-friendly design principles, and a high efficiency irrigation system utilizing recycled water to maintain an attractive aesthetic while respecting the unique climate of Pleasant Hill. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-42 FirstCarbon Solutions Circulation, Access, and Parking Transit County Connection Route 9 provides bus service within the vicinity of the Residential Project. Bus stops serving this route are located along Oak Park Boulevard and along Patterson Boulevard, located approximately 0.22 mile west. Route 9 provides services from Diablo Valley College to Pleasant Hill Bay Area Rapid Transit (BART) Station, located at 1365 Treat Boulevard, on the east side of I-680 near the Treat Boulevard interchange. Bicycle As illustrated in the 2009 Contra Costa Countywide Bicycle and Pedestrian Plan, a Class I bike lane exists on the EBMUD Trail, located along the plan area’s eastern border.4 Class II bike lanes exist on Oak Park Boulevard, adjacent to the Residential Project site, and Patterson Boulevard, located approximately 0.22 mile west. There are signage/markings along these bikeways to assist bicyclists. Pedestrian In general, sidewalk coverage is currently adequate on the roads near the Residential Project site. Sidewalks begin at the intersection of Oak Park Boulevard and the EBMUD trail, extending westward along the north side of Oak Park Boulevard and partially on the south side. A sidewalk is also available on the west side of Monticello Avenue. No sidewalks are currently available along the east side of Monticello Avenue. Sidewalks on both shoulders of Monticello Avenue continue northward from Santa Barbara Road towards Hawthorne Drive, past the Pleasant Hill Middle School and the Pleasant Oaks Park. Design, Lighting, and Signage The homes would have a variety of floor plans and would have an architectural palette that builds on the rich history and distinct character of the City of Pleasant Hill. The residential development would promote walkability and reduce the impact and use of cars. The residential entry from Monticello Avenue is staggered from the entrance for the proposed library to avoid conflicts in traffic movement and circulation. The residential homes would be accessed off the internal street or smaller lanes. Each lane would serve no more than six homes. The smaller lanes would be organized to allow for the homes to be clustered providing an intimate and less auto-centric community, while providing ample space for the volume of traffic they would serve. Some of the street lanes would provide pedestrian connections to Monticello Avenue, allowing the residents to have easy access to the proposed library and ball fields. The homes would back on to the adjoining property to the west with privacy fences. On the northern and southern edges of the property where the homes are adjacent to busy streets, there would be a landscape buffer/edge between the property line fence and the public right-of way. 4 Contra Costa Transportation Authority (CCTA). 2009. 2009 Contra Costa Countywide Bicycle and Pedestrian Plan. Website: http://www.ccta.net/uploads/5297adc44d334.pdf. Accessed July 3, 2018. 42820009 • 08/2019 | 2-12a_res_farmhouse_style_conceptual_elevation.cdr Exhibit 2-12a Residential Project - Farmhouse Style Conceptual Elevation CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: BKF Engineers/Surveyors/Planners, February 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-12b_res_craftsman_style_conceptual_elevation.cdr Exhibit 2-12b Residential Project - Craftsman Style Conceptual Elevation CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: BKF Engineers/Surveyors/Planners, February 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-12c_res_cottage_style_conceptual_elevation.cdr Exhibit 2-12c Residential Project - Cottage Style Conceptual Elevation CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: BKF Engineers/Surveyors/Planners, February 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-12d_res_spanish_style_conceptual_elevation.cdr Exhibit 2-12d Residential Project - Spanish Style Conceptual Elevation CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: BKF Engineers/Surveyors/Planners, February 2019. THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-51 The homes along Monticello Avenue would provide an enhanced street frontage with entrances and porches that are oriented towards Monticello Avenue. Depending on the final grading plan, the homes along Monticello Avenue may be slightly elevated from the street level. Landscaping will also be provided in the area between Monticello Avenue and the Residential Project, which when combined, could result in additional visual interest along the street frontage. The Pocket Park would be connected to the development by a pedestrian path. The 34 proposed homes reflect four floor plans, ranging from approximately 2,800 square feet to 3,400 square feet. The largest floor plan would have an independent lock-off suite in compliance with the Pleasant Hill Affordable Housing Ordinance. All four plans would have full driveway aprons (18 feet by 18 feet) to accommodate two driveway spaces, two-car garages, independent front, side, and rear yards. The homes would have open floor plans with integrated California rooms5 and upper level decks for seamless indoor-outdoor living to take advantage of the year-round desirable weather. Exterior lighting would be located around the proposed residences. Lampposts would be evenly dispersed, with safety lighting, as needed throughout the Residential Project site. Landscaping and Open Space The Residential Project would result in the removal of 120 trees (five of the existing trees on the Residential Project site will remain). The Residential Project would be landscaped with a variety of plant species that reflect local conditions and complement the overall design intent of the proposed residences. A mixture of 216 native and climate-appropriate trees would be planted throughout the site, as well as native and climate-appropriate shrub and plant species would be included throughout the site. Buffer planting would also be incorporated along all street fronts. High efficiency irrigation system consisting of bubblers to irrigate trees, spray irrigation for turf and bio-retention areas, and drip would be used for all other planting. Infrastructure Improvements Domestic Water Three water providers: CCWD, EBMUD, and Martinez Water District, provide potable water service to the City of Pleasant Hill. The Residential Project site is within the CCWD service area.6 Static pressure within the existing main is between 55 and 60 pounds per square inch. An 8-inch domestic water main along Monticello Avenue and a 6-inch main for fire-related water service would supply domestic water. The Residential Project would connect to new municipal water lines in Monticello Avenue. 5 California rooms are open to the outdoors on one or more sides. Although California rooms are technically classified as outdoor spaces—and thus are not factored into a home’s square footage—they do have protection from the elements. For instance, California rooms have a roof to keep out rain and sun. 6 Contra Costa Water District (CCWD). 2017. Contra Costa Water District: District Boundaries. Website: https://www.ccwater.com/289/Service-Area-Map. Accessed December 5, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-52 FirstCarbon Solutions Recycled Water No recycled water infrastructure would service the Residential Project. Recycled water may be utilized for landscaping along street frontages in conjunction with the Contra Costa Clean Water Program (C3 facilities). Stormwater Drainage The Residential Project would connect to the municipal stormwater drain within Monticello Avenue and Oak Park Boulevard. The Residential Project would include linear bio-retention basins along the west side of Monticello Avenue and the north side of Oak Park Boulevard, with sufficient capacity to capture storm water runoff in accordance with C.3 requirements. Sanitary Sewer The sewer connection for the existing library, which currently connects to an existing main under Oak Park Boulevard, would be abandoned and removed. A new 8-inch line would be constructed in the east/west direction underneath Monticello Avenue and would continue underneath the parking lot and eventually connect to the existing 10-inch sanitary sewer main adjacent to Grayson Creek. Solid Waste and Recycling Collection Republic Services would provide garbage and recycling service to the Residential Project. The residences would be serviced by existing solid waste and recycling collection routes. Individual trash, recycling, and green receptacles would be provided for each home Power and Telecommunications The Residential Project would connect to a new joint utility trench within Monticello Avenue. The homes would be subject to the 2020 California Building Code, which requires the inclusion of solar panels for new residential development. Demolition, Relocation, Remediation, and Removal Construction of the Residential Project would require demolition of existing buildings and hardscaped/paved areas, including the vacant administrative offices, the County library building, the paved parking lot, trees, and landscaping, resulting in the removal of approximately 159,000 square feet of impervious surface and 59,000 square feet of pervious surface for a total of 218,000 square feet. The County would relocate some of the library materials and services to a temporary library located at the Pleasant Hill Senior Center for approximately 18-24 months. The temporary library is expected to be open Monday to Saturday.7 The Pleasant Hill Teen Center, located at 147 Gregory Lane, would be used for story-time and other programs when available. 7 Melinda Cervantes. County Librarian, Contra Costa County. Personal communication in person March 12, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-53 Construction Schedule Construction of the Residential Project is anticipated to start in June 2020 and finish in the summer of 2022. Site Preparation The County estimates that site preparation for the Residential Project would require approximately 9,000 cubic yards of cut and 4,000 cubic yards of fill, with a net export of 5,000 cubic yards of material exported from the Residential Project site. Exported soils would be hauled to an appropriate off-site location accepting of this type of material for disposal. Throughout the excavation phase, contractors would utilize Oak Park Boulevard and an identified spoil dumping location to minimize the impact on the surrounding streets and businesses and to maximize the construction workflow efficiency. Hours Per the City’s Municipal Code, construction activities throughout the duration of the proposed Residential Project would be limited to the hours of 7:30 a.m. to 7:00 p.m. Monday through Friday, and Saturday from 9:00 a.m. to 6:00 p.m. No construction is allowed on Sundays or City holidays. Vehicle Trips Construction-related traffic (heavy-duty trucks, deliveries, etc.) from I-680 would be routed eastward along Oak Park Boulevard towards Main Street. Bicycle and pedestrian signage would be posted to direct traffic and ensure non-motorist safety. The Residential Project would coordinate major excavation, concrete placements, and material deliveries to minimize traffic congestion, and avoid adversely affecting local businesses and residents. A staging area and logistics plan would be completed to maximize the effective space available during construction to minimize disruptions and to maximize public safety. All construction areas would be fenced, secured, and inspected routinely for safety and security. Vehicle Access Construction vehicle access would be provided by Monticello Avenue, with a one-way flagger system in place, as needed. Oak Park Boulevard would provide secondary access and Santa Barbara Road would provide a third access point during non-school peak hours. Periodically, one southbound lane would be established on Monticello Avenue after 8:30 a.m. to 7:00 p.m. and northbound access would be diverted through Monte Cresta Avenue to Santa Barbara Road. When complete closure on Monticello Avenue is required, a two-way detour and secondary circulation pattern to and from Santa Barbara Road through Monte Cresta Avenue would be in place with a temporary signal installed at the intersection of Oak Park Boulevard and Monte Cresta Avenue. City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-54 FirstCarbon Solutions 2.3.3 - Proposed Specific Plan Land Use Designations, Zoning, and Ownership Land Use Designations The existing and proposed land use designations are depicted in Exhibit 2-13. The proposed changes in land use would require a General Plan Amendment. A General Plan Amendment is proposed to modify boundaries of areas for considering density increases in residential areas. The modification would clarify that certain street types would be excluded from the boundary area for purposes of considering land redesignations. Zoning The Specific Plan would require rezoning of plan area properties to allow for the proposed specific uses. The proposed zoning is depicted in Exhibit 2-14. The designations and subsequent requirements are codified in Pleasant Hill Municipal Code Section 18.20.010(B)(9) (PUD planned unit development), Section 18.30.010 (Specific Purposes), and Section 18.30.050 (Concept Plan). A Zoning Text Amendment is proposed to make relevant sections of the zoning ordinance consistent with General Plan provisions related to limitations for residential rezoning. The amendment would clarify the boundary area applicability when adjacent to certain zoning and certain street types. 2.4 - Required Actions and Approvals Exhibit 2-15 depicts the proposed land use ownership resulting from the implementation of the proposed plan. Implementation of the proposed plan would require the following discretionary and ministerial permits and approvals: 2.4.1 - Civic Project Discretionary Actions • EIR Certification: City Council and RPD Board • General Plan Amendment: City Council • Adoption of a Specific Plan: City Council • Approval of Zone Text Amendment: City Council • Planned Unit Development Rezoning: City Council • Approval of Library: City Council • Approve Architectural Review Permit (proposed park): City Council • Approve Conditional Use Permit (proposed park): City Council • Approve Development Plan Permit (proposed park): City Council • Transfer of property rights from County to City and RPD • Transfer of property rights from MDUSD to City and RPD City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Project Descriptions FirstCarbon Solutions 2-55 • Lake or Streambed Alteration Agreement Section 1600 Permit: California Department of Fish and Wildlife (CDFW) • United States Army Corps of Engineers (USACE) Section 404 Permit: USACE • San Francisco Bay Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification/Issuance of Waste Discharge Requirements (WDRs): RWQCB Ministerial Actions • Grading permits: City Engineering Division • Building permits: City Building Division • Encroachment Permits (all work within the public right-of-way): City Engineering Division • Approve street and sidewalk improvements (along Monticello Avenue): City Public Works and Community Development Department • Approve water, sewer, stormwater, and street light improvements (entire project site): City Public Works and Community Development Department 2.4.2 - Residential Project Discretionary Actions • EIR Certification: City Council and Board of Supervisors • General Plan Amendment: City Council • Adoption of a Specific Plan: City Council • Approval of Zone Text Amendment: City Council • Planned Unit Development Rezoning: City Council • Approval of Vesting Tentative Map: City Council • Approve Development Plan Permit: City Council • Approve Architectural Review Permit: City Council • Approval of Parcel Map (to accommodate property transfers): City Council, Board of Supervisors • Transfer of property rights from MDUSD to County: MDUSD Board • Transfer of property rights from County to future builder: Board of Supervisors Ministerial Actions • Demolition permit: City Building Division and/or County • Grading permit: City Engineering Division • Building permit: City Building Division City of Pleasant Hill—Oak Park Properties Specific Plan Project Descriptions Draft EIR 2-56 FirstCarbon Solutions • Approve water, sewer, stormwater, and street light improvements within the residential development: City Public Works and Community Development Department A number of other agencies in addition to the City of Pleasant Hill serve as Responsible and Trustee Agencies pursuant to CEQA Guidelines Section 15381 and Section 15386, respectively. This EIR provides environmental information to these agencies––and other public agencies––that may be required to review and approve or coordinate actions as part of implementation of the proposed plan. These agencies may include but are not limited to the following: • Contra Costa County • Mount Diablo Unified School District • East Bay Municipal Utility District • Contra Costa County Flood Control and Water Conservation District • Contra Costa Water District • Central Contra Costa Sanitary District • California Department of Fish and Wildlife • San Francisco Bay Regional Water Quality Control Board • State Historic Preservation Office 2.5 - Intended Uses of This Draft EIR This Draft EIR is being prepared by the City of Pleasant Hill to assess the potential environmental impacts that may arise in connection with actions related to implementation of the proposed plan. Pursuant to CEQA Guidelines Section 15367, the City of Pleasant Hill is the lead agency and has primary discretionary authority over the proposed plan and necessary approvals. This Draft EIR is intended to address public infrastructure improvements and future development identified in the proposed plan. This Draft EIR will be circulated for a minimum of 45 days, during which period comments concerning the analysis contained in this Draft EIR should be sent to: Troy Fujimoto, Acting City Planner 100 Gregory Lane Pleasant Hill, CA 94523 Tel: 925.671.5224 Fax: 925.682.9327 Email: tfujimoto@pleasanthillca.org 42820009 • 08/2019 | 2-13_proposed_GPLU.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-13 Proposed General Plan Land Use Designations Source: Oak Park Properties Specific Plan, 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-14_proposed_zoning.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-14 Proposed Zoning Code Designations Source: Oak Park Properties Specific Plan, 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 2-15_proposed_ownership.mxd Exhibit 2-15Proposed Ownership Source: Bing Aerial Imagery. Contra Costa County GIS Data. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT 300 0 300150 Feet Legend Plan Area 16.60 acres Proposed Ownership City of Pleasant Hill Contra Costa County Pleasant Hill Recreation & Park District Mount Diablo Unified School District THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Environmental Impact Analysis FirstCarbon Solutions 3-1 CHAPTER 3: ENVIRONMENTAL IMPACT ANALYSIS This chapter sets forth the physical and regulatory environmental setting and addresses the environmental impacts of the Specific Plan (proposed plan) with respect to 15 environmental resource areas. The discussions of the environmental setting describe the present physical conditions, or baseline conditions, in the Specific Plan area (plan area). The baseline used for the analysis of environmental impacts under the California Environmental Quality Act (CEQA) reflects the conditions present at the time the Notice of Preparation (NOP) for this Environmental Impact Report (EIR) was published. The potential impacts of the proposed plan are compared against the existing baseline conditions for each environmental resource. Environmental Topics Addressed in this EIR The proposed plan is analyzed in this EIR from the perspective of the following 15 environmental resource areas: • Aesthetics • Air Quality • Biological Resources • Cultural Resources and Tribal Cultural Resources • Geology and Soils • Greenhouse Gas Emissions and Energy • Hazards, Hazardous Materials, and Wildfire • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services • Recreation • Transportation • Utilities and Service Systems Format of the Environmental Analysis Each environmental resource area is analyzed in individual sections that include the subsections summarized below. Introduction This subsection summarizes what will be discussed in the respective environmental topic section, states what informational documents are used as the basis for the section, and indicates what related comments, if any, were received during the EIR public scoping period. Environmental Setting This subsection describes the existing, baseline physical conditions of the plan area and surroundings (e.g., existing land uses, transportation conditions, noise environment) with respect to each resource topic at the time the NOP was issued. Conditions are described in sufficient detail and breadth to allow a general understanding of the environmental impacts associated with implementation of the proposed plan. City of Pleasant Hill—Oak Park Properties Specific Plan Environmental Impact Analysis Draft EIR 3-2 FirstCarbon Solutions Regulatory Framework This subsection describes the relevant federal, State, regional, and local regulatory requirements that are directly applicable to the environmental topic being analyzed. Impacts and Mitigation Measures This subsection evaluates the potential for the implementation of the proposed plan to result in direct and indirect adverse impacts on the existing physical environment, with consideration of both construction and operation impacts. The significance criteria questions for environmental impacts are listed at the beginning of this subsection, followed by the discussion of the approach to the analysis and specific thresholds of significance that have been applied to evaluate the impacts of the proposed plan. Indirect impacts are discussed only for those resources for which they have the potential to occur (e.g., population and housing, cultural resources, air quality, and biological resources). Both plan-level and cumulative-level impacts are analyzed. Plan-level impacts could result from actions related to implementation of the proposed plan. Cumulative-level impacts could result from implementation of the proposed plan in combination with other identified cumulative projects in the study area. As discussed in “Cumulative Impacts” below, the projects listed in Table 3-1 in conjunction with the proposed plan, are considered the cumulative scenario for the analysis of cumulative impacts. Impacts are analyzed and the respective assessment and findings are provided, applying the following levels of significance: • No Impact. A determination of No Impact is reached if no potential exists for impacts or if the environmental resource does not occur in the plan area or the area of potential impacts. • Less Than Significant Impact. This determination applies if the impact does not exceed the defined significance criteria or would be eliminated or reduced to a less than significant level through compliance with existing local, state, and federal laws and regulations. No mitigation is required for impacts determined to be less than significant. • Less Than Significant Impact with Mitigation. This determination applies if the proposed plan would result in a significant impact, exceeding the established significance criteria, but feasible mitigation is available that would reduce the impact to a less than significant level. • Significant and Unavoidable Impact. This determination applies if the proposed plan would result in an adverse impact that exceeds the established significance criteria, and no feasible mitigation is available to reduce the impact to a less than significant level. Therefore, the residual impact would be significant and unavoidable. • Significant and Unavoidable Impact with Mitigation. This determination applies if the proposed plan would result in an adverse impact that exceeds the established significance criteria, and although feasible mitigation might lessen the impact, the residual impact would be significant, and, therefore, the impact would be unavoidable. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Environmental Impact Analysis FirstCarbon Solutions 3-3 Impacts are defined in terms of their context and intensity. Context is related to the uniqueness of a resource; intensity refers to the severity of the impact. Where applicable, best management practices or improvement measures, or both, are incorporated into the proposed plan to limit the potential for a significant impact. Where necessary, mitigation measures are identified for significant impacts to limit the degree or lower the magnitude of the impact; rectify the impact by repairing, rehabilitating, or restoring the affected environment; or compensate for the impact by replacing or providing substitute resources or environments. These impacts conclude with a finding of Less than Significant Impact with Mitigation. Where no mitigation measures are necessary, relevant impacts are concluded to be Less than Significant or to have No Impact. As part of the impact analysis, mitigation measures are identified, where feasible, for impacts considered significant or potentially significant consistent with CEQA Guidelines Section 15126.4, which states that an EIR “shall describe feasible measures which could minimize significant adverse impacts.” CEQA requires that mitigation measures have an essential nexus and be roughly proportional to the significant impact identified in the EIR. The project sponsors are required to implement all identified mitigation measures identified in this EIR, and the lead agency (in this case, the City of Pleasant Hill) is responsible for overseeing implementation of such mitigation measures. Pursuant to CEQA Guidelines Section 15126.4, mitigation measures are not required for environmental impacts that are found not to be significant. Therefore, for resource topics where this EIR finds the physical environmental impact of the proposed plan to be less than significant, but for which the City of Pleasant Hill Planning Division has identified measures that would further lessen the proposed plan’s already less than significant impacts, these measures have been identified as “improvement measures.” The City has indicated that if the proposed plan were approved, it would incorporate all improvement measures identified in this EIR as part of the proposed plan. Impacts are numbered and shown in bold type. The corresponding mitigation measures, where identified, are numbered and indented, and follow the impact statements. Impacts and mitigation measures are numbered consecutively within each topic and include an abbreviated reference to the impact section (e.g., “LUP” for Land Use and Planning). The following abbreviations are used for individual topics: • Aesthetics (AES) • Air Quality (AIR) • Biological Resources (BIO) • Cultural Resources and Tribal Cultural Resources (CUL) • Geology and Soils (GEO) • Greenhouse Gas Emissions and Energy (GHG) • Hazards, Hazardous Materials, and Wildfire (HAZ) • Hydrology and Water Quality (HYD) • Land Use and Planning (LUP) • Noise (NOI) • Population and Housing (POP) • Public Services (PUB) • Recreation (REC) • Transportation (TRANS) • Utilities and Service Systems (UTIL) City of Pleasant Hill—Oak Park Properties Specific Plan Environmental Impact Analysis Draft EIR 3-4 FirstCarbon Solutions Cumulative Impacts The discussion of cumulative impacts in this subsection analyzes the cumulative impacts of the proposed plan, taken together with other past, present, and reasonably foreseeable future projects producing related impacts. The goal of this analysis is to determine whether the overall long-term impacts of all such projects would be cumulatively significant, and to determine whether the proposed plan itself would cause a “cumulatively considerable” incremental contribution to any such cumulatively significant impacts. To determine whether the overall long-term impacts of all such projects would be cumulatively significant, the analysis generally considers the following: • The area in which impacts of the proposed plan would be experienced; • The impacts of the proposed plan that are expected in the area; • Other past, proposed, and reasonably foreseeable projects that have had or are expected to have impacts in the same area; • The impacts or expected impacts of these other projects; and • The overall impact that can be expected if the individual impacts from each project are allowed to accumulate. “Cumulative impacts” refers to two or more individual impacts that, when considered together, are considerable, or that compound or increase other environmental impacts (CEQA Guidelines § 15355). Cumulative impacts can result from individually minor but collectively significant impacts taking place over time (40 Code of Federal Regulations [CFR] 1508.7). If the analysis determines that the potential exists for the proposed plan, taken together with other past, present, and reasonably foreseeable future projects, to result in a significant or adverse cumulative impact, the analysis then determines whether the proposed plan’s incremental contribution to any significant cumulative impact is itself significant (i.e., “cumulatively considerable”). The cumulative impact analysis for each individual resource topic is presented in each resource section of this chapter immediately after the description of the direct impacts and identified mitigation measures. Table 3-1 lists the relevant cumulative projects considered for the environmental analysis, and Exhibit 3-1 shows the locations of the cumulative projects. Table 3-1: Cumulative Projects No. Name Jurisdiction Land Use Project Development Units Gross Square Footage Location Status 1 Cambria Hotel City of Pleasant Hill Hotel 155 guest rooms — 313, 3195 North Main Street and 1531 Oak Park Boulevard (intersection of Oak Park Boulevard and Main Street) Pending City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Environmental Impact Analysis FirstCarbon Solutions 3-5 Table 3-1 (cont.): Cumulative Projects No. Name Jurisdiction Land Use Project Development Units Gross Square Footage Location Status 2 Pleasant Hill Day Care Center City of Pleasant Hill Day care facility 72 students 5,117 409 Boyd Road (Boyd Road at Kahrs Avenue) Approved 3 Fountainhead Montessori Day Care City of Pleasant Hill Day care facility 72 students — 1715-1725 Oak Park Boulevard (southeast corner of Oak Park Boulevard and Monticello Avenue) Approved 4 Blake-Griggs Project City of Pleasant Hill Multi-family residential development 210 multi- family homes — 85 Cleaveland Pending Sources: City of Pleasant Hill 2019; compiled by FirstCarbon Solutions (FCS) 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3-1_cumulative_projects.mxd Exhibit 3-1Cumulative Projects Location Map Source: Bing Aerial Imagery. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT 1,000 0 1,000500 Feet Legend Plan Area Cumulative Projects THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-1 3.1 - Aesthetics 3.1.1 - Introduction This section describes the existing visual character, views, light, and glare conditions in the Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to aesthetics that could result from implementation of the Specific Plan (proposed plan). Information included in this section is based on site reconnaissance and photo inventory, plan-specific lighting simulations included in this section, as well as the Pleasant Hill 2003 General Plan and Environmental Impact Report (EIR), Pleasant Hill Municipal Code, and photometric plan peer review memo prepared by Lindsley Lighting included in Appendix B. The following comments were received during the EIR scoping period related to aesthetics: • Inquiry regarding plan-related lighting and light spillover impacts on wildlife and neighboring residences; and • Question regarding the plan-related impacts on dark sky resources. 3.1.2 - Environmental Setting Visual Character Visual character in the California Environmental Quality Act (CEQA) context is an impartial description of the defining physical features, landscape patterns, and distinctive physical qualities within a landscape. Visual character is informed by the composition of land, vegetation, water, and structure and their relationship (or dominance) to one another, and by prominent elements of form, line, color, and texture that combine to define the composition of views. Visual character-defining resources and features within a landscape may derive from notable landforms, vegetation, land uses, building design and façade treatments, transportation facilities, overhead utility structures and lighting, historic structures or districts, or panoramic open space. City of Pleasant Hill Area The City of Pleasant Hill is located in the central portion of Contra Costa County. The City is bordered to the south by the City of Walnut Creek, to the north by the cities of Martinez and Pacheco, to the east by the City of Concord, and to the west by the City of Lafayette. The City covers a total of 8.2 square miles. The topography includes low lying and relatively flat terrain to ridgelines along the eastern edge of the Briones Hills. The physical environment of the City is suburban in character. Interstate 680 (I-680) runs through the southeastern portion of the City of Pleasant Hill. The City contains protected scenic hillsides, preserved historic structures, and large trees. Grayson Creek also meanders through the City flowing from south to north. Plan Area The plan area is located within the southeastern portion of the City and covers 16.60 acres of developed and undeveloped land immediately north of the intersection of Oak Park Boulevard and Monticello Avenue. The plan area is relatively level with elevations ranging from 71 feet above mean City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-2 FirstCarbon Solutions sea level (MSL) to 76 feet above MSL, sloping gently to the north and east. Field visits by FirstCarbon Solutions (FCS) to the plan area and surrounding area were conducted at various times in 2018 and in January and February 2019 to document existing visual conditions and to observe the visual character of the surrounding area. Residential Project (1750 Oak Park Property—Existing Library and Vacant Administrative Offices) The existing Pleasant Hill Library and vacant administrative offices, associated parking lots, and a small vacant area with trees occupy the Residential Project site. In addition, this property contains landscaping of ornamental trees and shrubbery around the entire site. Civic Project The Civic Project site is currently vacant. Scattered trees are located along Oak Park Boulevard, Monticello Avenue, and within the Grayson Creek Corridor. The remainder of the Civic Project site is predominantly open and covered with grasses and intermittent shrubs. A sidewalk runs the full length of Monticello Avenue on the western side. The eastern side of Monticello Avenue includes nominal and unmaintained landscaping areas, along with an informal dirt/gravel parking area. Overhead utility lines are located along both sides of Monticello Avenue. Oak Park Boulevard contains a sidewalk on the north side of the street, and intermittently along the south side of the street. Bike lanes run the full length of the street segment on the north and south sides of the street. Overhead utility lines also run the full length of Oak Park Boulevard on the north and south sides of the street. Scenic Resources Scenic resources typically involve prominent, unique, and identifiable natural features in the environment (e.g., trees, rock outcroppings, islands, ridgelines, channels of water, and aesthetically appealing open space or corridor) and cultural features or resources (e.g., regional or architecturally distinctive buildings, or structures that serve as a focal point of interest). City of Pleasant Hill Area The Pleasant Hill 2003 General Plan designates aesthetically pleasing corridors such as gateways, key streets, scenic corridors, and scenic routes as visual or scenic resources. Pleasant Hill 2003 General Plan goals, policies, and programs aim to preserve these resources and views towards them. Plan Area The plan area does not contain any City-designated scenic resources. Views Views may be generally described as panoramic views of a large geographic area for which the field of view can be wide and extend into the distance. Associated vantage points provide an orientation from publically accessible locations. Examples of distinctive views include urban skylines, valleys, mountain ranges, or large bodies of water. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-3 City of Pleasant Hill Area The California Department of Transportation (Caltrans) State Scenic Highway Mapping System designates portions of I-680 as a Scenic Route; however, the portion that runs through Pleasant Hill is not designated as scenic. Contra Costa County designates Reliez Valley Road and Taylor Boulevard within the City of Pleasant Hill as Scenic Routes, both of which are located more than 1 mile to the west of the project site.1 Furthermore, the City of Pleasant Hill designates the following outstanding views as Scenic Routes: • Alhambra Avenue, also designated as a Scenic Route within the City of Martinez; • Grayson Road, from Reliez Valley Road to Taylor Boulevard, which connects the County Scenic Routes of Reliez Valley Road and Taylor Boulevard; • Golf Club Road, also a designated City bikeway; • Morello Avenue north of Paso Nogal Road; and • Paso Nogal Road southwest of Morello Avenue, also a designated City bikeway and part of the East Bay Regional Park District regional trail system. The City also designates the following roads as scenic corridors, which merit additional landscaping: • Geary Avenue • Oak Park Boulevard • Pleasant Hill Road Mount Diablo, rising to an elevation of 3,849, is the most prominent topographical feature in the area and, thus, is visible from points along Oak Park Boulevard as well as from the other scenic corridors listed above. Plan Area The plan area includes a portion of Oak Park Boulevard, a City-designated Scenic Corridor. Vehicles, bicyclists, and pedestrians traveling eastbound along Oak Park Boulevard through the plan area have intermittent views of Mount Diablo. The existing views of Mount Diablo from Monticello Avenue are obstructed by intervening trees and only the top portion of the mountain is visible. In addition, there is no continuous ridgeline visible from the plan area, only the peaks. The East Bay Municipal Utilities District (EBMUD) trail along Grayson Creek provides views of Oak Park Boulevard, as well as intermittent views towards Mount Diablo. In March 2019, FCS conducted field visits to the plan area to observe and document the existing visual quality and character of the area. Exhibit 3.1-1 identifies and describes specific viewpoint locations near the plan area that provide a representative cross section of visual images and information about the existing aesthetic conditions of the immediate surrounding area. These locations represent publicly accessible views for a variety of observers in the area, ranging from motorists traveling along Oak Park Boulevard, located south of the plan area, to pedestrians and bicyclists traveling along the EBMUD trail or urban sidewalks. As summarized in Table 3.1-1, various 1 Pleasant Hill 2003 General Plan 2003, page 15. City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-4 FirstCarbon Solutions publicly accessible locations in the Pleasant Hill area offer views toward and/or through the plan area. Exhibit 3.1-2 through Exhibit 3.1-5 demonstrate both the existing daytime and nighttime views from the identified viewpoints. Table 3.1-1: Summary of Viewpoint Locations for Existing Views Viewpoint Number View Description 1 Existing View from east of EBMUD Trail looking west toward the plan area 2 Existing View from Pleasant Hill Instructional Garden north of Hawthorne Drive looking southeast toward the plan area 3 Existing View from Pleasant Hill Library west of Monticello Avenue looking northeast across the plan area 4 Existing view from sidewalk on the southern side of Oak Park Boulevard looking north toward the plan area Source: FCS 2019. View 1—Existing View from east of EBMUD Trail looking west toward the plan area The viewpoint along EBMUD Trail, a public trail, is located along the eastern boundary of plan area, shown in Exhibit 3.1-2, photograph A (daytime) and photograph B (nighttime). The viewpoint is located east of the plan area, facing west toward the center of the plan area. Existing views of the plan area consist primarily of vegetation, trees, and an overhead power line. View 2—Existing View from Pleasant Hill Instructional Garden, north of Hawthorne Drive looking southeast toward the plan area The viewpoint at the Pleasant Hill Instructional Gardens is located north of the plan area and north of Hawthorne Drive, shown in Exhibit 3.1-3, photograph C (daytime) and photograph D (nighttime). The existing southeastward view of the plan area is obstructed by the Pleasant Oaks Park, vegetation, and Pleasant Hill Middle School. View 3—Existing View from Pleasant Hill Library west of Monticello Avenue looking northeast across the plan area This viewpoint is located from the existing Pleasant Hill Library on the sidewalk west of Monticello Avenue, shown in Exhibit 3.1-4, photograph E (daytime) and photograph F (nighttime). Existing northeastward views across Monticello Avenue are unobstructed and the Pleasant Hill Middle School is visible behind trees. No ridgelines are visible from this view. View 4—Existing View from sidewalk on the southern side of Oak Park Boulevard looking north toward the plan area This viewpoint is located south of Oak Park Boulevard on the sidewalk, shown in Exhibit 3.1-5, photograph G (daytime) and photograph H (nighttime). Existing views of the plan area are partially obstructed by trees; however, the plan area is entirely visible, as well as lighting from the Pleasant Hill Middle School, beyond the plan area boundary. This view is primarily composed of Oak Park Boulevard and the southern portion of the plan area. Plan AreaI West from East Bay Municipal Utility District Trail Southeast from Pleasant Hill Instructional Garden Northeast from Pleasant Hill Library North from Oak Park Boulevard 2 1 4 3 1 2 3 4 42820009 • 08/2019 | 3.1-1_viewpoint_loc.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-1 Viewpoint Location Map THIS PAGE INTENTIONALLY LEFT BLANK A. View 1 Existing Daytime - View from east of EBMUD Trail looking west toward the plan area. B. View 1 Existing Nighttime - View from east of EBMUD Trail looking west toward the plan area. 42820009 • 08/2019 | 3.1-2_existing_daytime_nighttime_view_1.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-2 Existing Daytime and Nighttime View 1 THIS PAGE INTENTIONALLY LEFT BLANK C. View 2 - Existing Daytime - View from Pleasant Hill Instructional Garden north of Hawthorne Drive looking southeast toward the plan area. D. View 2 - Existing Nighttime - View from Pleasant Hill Instructional Garden north of Hawthorne Drive looking southeast toward the plan area. 42820009 • 08/2019 | 3.1-3_existing_daytime_nighttime_view_2.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-3 Existing Daytime and Nighttime View 2 THIS PAGE INTENTIONALLY LEFT BLANK E. View 3 - Existing Daytime - View from Pleasant Hill Library west of Monticello Avenue looking northeast across the plan area. F. View 3 - Existing Nighttime - View from Pleasant Hill Library west of Monticello Avenue looking northeast across the plan area. 42820009 • 08/2019 | 3.1-4_existing_daytime_nighttime_view_3.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-4 Existing Daytime and Nighttime View 3 THIS PAGE INTENTIONALLY LEFT BLANK G. View 4 - Existing Daytime - View from sidewalk on the southern side of Oak Park Boulevard looking north toward the plan area. H. View 4 - Existing Nighttime - View from sidewalk on the southern side of Oak Park Boulevard looking north toward the plan area. 42820009 • 08/2019 | 3.1-5_existing_daytime_nighttime_view_4.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-5 Existing Daytime and Nighttime View 4 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-15 Light and Glare In the context of CEQA Guidelines, light is nighttime illumination that stimulates sight and makes things visible; glare is difficulty seeing in the presence of bright light such as direct or reflected sunlight. Plan Area Vicinity The primary sources of nighttime light in the surrounding area are from vehicle headlights traveling along Oak Park Boulevard and Monticello Avenue as well as exterior lighting associated with the Pleasant Hill Middle School and Pleasant Oaks Park. Streetlights and residential and commercial buildings with outdoor security lighting exist to the west and south of the plan area. Large reflective surfaces associated with buildings in the plan area contribute daytime glare within the plan area. Plan Area The existing library and vacant administrative office buildings contain glass windows and exterior lighting lines the parking area. Monticello Avenue and Oak Park Boulevard contains streetlights, but no other portions of the plan area currently contain lighting. 3.1.3 - Regulatory Framework Federal No federal plans, policies, regulations, or laws related to aesthetics are applicable. State California Scenic Highway Program The State Legislature created the California Scenic Highway Program, maintained by Caltrans, in 1963. The purpose of the State Scenic Highway Program is to protect and enhance the natural scenic beauty of California highways and adjacent corridors, through special conservation treatment. The State laws governing the Scenic Highway Program are found in the Streets and Highways Code, Sections 260 through 263. A highway may be designated scenic depending upon how much of the natural landscape can be seen by travelers, the scenic quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view. The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been officially designated. The status of a proposed State Scenic Highway changes from eligible to officially designated when the local governing body applies to Caltrans for scenic highway approval, adopts a Corridor Protection Program, and receives notification that the highway has been officially designated a Scenic Highway. Title 24 of the California Code of Regulations Building Energy Efficiency Standards California Building Code (California Code of Regulations [CCR], Title 24)—including Title 24, Part 6— includes Section 132 of the Building Energy Efficiency Standards, which regulates lighting characteristics, such as maximum power and brightness, shielding, and sensor controls to turn lighting on and off. Different lighting standards are set by classifying areas by lighting zone. The City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-16 FirstCarbon Solutions classification is based on population figures of the 2000 Census. Areas can be designated as LZ1 (dark), LZ2 (rural), or LZ3 (urban). Lighting requirements for dark and rural areas are stricter in order to protect the areas from new sources of light pollution and light trespass. The majority of the City of Pleasant Hill falls under the “urban” standard. Local Pleasant Hill 2003 General Plan Community Development Element The Pleasant Hill 2003 General Plan Community Development Element establishes the following goals, policies, and programs related to aesthetics: Community Development Element Policies, Programs, and Goals • Policy 1A: Encourage aesthetic enhancement of residential areas, while retaining the charm and character of individual neighborhoods. • Program 2.5: Allow intensification of commercial land use only when such a change can be reasonably expected by the City Council to result in (a) effective mitigation of environmental constraints, noise, traffic, and other hazards; (b) excellence of design; (c) compatibility with adjacent development; and (d) at least one of the following: provision of affordable housing pursuant to the policies in the City’s Housing Element; the provision of parkland, trails, or other community recreation facilities consistent with Community Development Goals 17, 18, and 19. • Goal 3: Generate thriving, attractive and cohesive development at vacant or underutilized sites. • Policy 3B: Require new development to adhere to high standards of quality in design. • Goal 4: Promote a City image that reflects the community’s diversity and high quality of life. • Policy 4B: Maintain the suburban town atmosphere of Pleasant Hill. • Policy 4C: Promote periodic clean-up of commercial areas and neighborhoods. • Program 4.1: In efforts to define the City’s image, emphasize: - The high quality, intergenerational park facilities and recreational opportunities in the city. - The community’s dedication to education, including the presence of Diablo Valley College and its potential to provide cultural and lifelong learning opportunities. - The vital, progressive nature of the city as a suburban residential community and a supportive environment for business. • Program 5.1: Install streetscape features in the public right-of-way that call attention to consistent design themes and promote pedestrian friendliness. • Goal 7: Establish clear and attractive gateways that define Pleasant Hill. • Goal 7A: Enhance key intersections and entries to the City with signs, art and streetscape features. • Goal 8: Install aesthetic improvements in public spaces. • Policy 8A: Provide public art and other amenities in key locations. • Program 8.1: Require installation of public art, landscaping, and/or other public amenities in conjunction with all new public and private development and major rehabilitation or expansion of existing development. • Program 8.2: Explore in-lieu options for public art requirements, such as paying funds or setting aside space for future installation for projects below a certain size. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-17 • Program 8.3: Promote funding for public space improvements in the City’s biannual Capital Improvements Plan. • Goal 9: Maintain and enhance scenic routes and corridors in the City. • Policy 9A: Protect and enhance the views from and visual qualities of scenic routes and corridors in Pleasant Hill. • Program 9.1: Enforce a minimum 50-foot setback from the right-of-way for scenic routes, in which only compatible features may be allowed, including appropriate landscaping and pedestrian and bicycle routes. • Program 9.2: Amend the Zoning Ordinance to require minimization of visual impacts from structures adjacent to scenic routes. • Program 9.3: Prepare landscaping plans for scenic routes and corridors, including through cooperation with the Recreation and Park District. Pleasant Hill Municipal Code Chapter 18.115—Architectural Review Pursuant to Zoning Ordinance Chapter 18.115, an architectural review permit is required before the issuance of building permits for each building elevation, landscape plan and site plan related to: • Any project other than a single-family residence or, • A single-family residence at the time of initial construction, but not for remodeling, additions, or accessory structures; however, staff level review of such structures for substantial conformance with the city-wide design guidelines shall occur as part of the building permit plan review and approval process. The purpose of the architectural review process is to evaluate the interdependence of property values and aesthetics and to provide a method to promote sound land use development. In order to approve an architectural review permit, the architectural review commission reviews the site plan and physical design of a project; sign designs and locations; and lighting. In addition, the review permit is intended to: • Ensure excellence of architectural design; • Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located; • Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; • Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation; and • Ensure compliance with city-wide design guidelines. (Ord. 856 § 2 (Exh. A), 2011; Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.1, 1996; 1991 code § 35-32.1). City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-18 FirstCarbon Solutions Chapter 18.52—Water Efficient Landscaping This chapter ensures the requirements of the State Water Conservation in Landscaping Act (Government Code §§ 65591 through 65599) are implemented.2 This chapter would require all projects to submit a water-efficient landscape plan and have the plan approved prior to construction. The water-efficient landscape plan would include calculations of the maximum applied water allowance and estimated total water use. In addition, the water-efficient landscape plan would include required elements of plant materials, irrigation system design, water features, and grading and soil preparation. Section 18.55.140—Parking Area Screening, Lighting, and Landscaping Pursuant to Section 18.55.140, the City requires certain screening, lighting, and landscaping features for parking areas. A. Screening. A parking area for five or more cars serving a nonresidential use shall be screened from an adjoining R district or a ground-floor residential use by a solid concrete, solid wood, or masonry wall eight feet in height, constructed to withstand a 15-pound-per- square-foot wind load, except that the height of a wall adjoining a required front yard in an R district shall not exceed three feet. A carport or open parking area for five or more cars serving a residential use shall be screened from an adjoining lot in an R district or a ground- floor residential use by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard in an R district shall not exceed three feet. B. Lighting. Outdoor parking lot lighting shall be designed, installed and maintained to prevent nighttime sky light pollution and use energy efficiently by lighting only those areas or objects necessary for safety and security. All outdoor parking lot lighting shall conform to the following: 1. Exterior light fixtures shall be full cutoff fixtures designed and installed so that no emitted light will break a horizontal plane passing through the lowest point of the fixture. 2. Outdoor parking area lighting shall not employ a light source mounted higher than 24 feet above finished grade. 3. Outdoor parking area lighting shall be directed downward and shall not directly shine onto any adjacent street or property. Maximum illumination adjacent to any residential property line or R district boundary line shall not exceed 0.2 foot-candles as measured in the vertical plane at the property line to a height equal to the height of the light source. 4. The maximum light intensity on a nonresidential site, except automobile, vehicle/equipment sales lots and automobile service stations, shall not exceed 10 foot- candles, when measured at finished grade. 5. Outdoor parking lot lighting for nonresidential uses shall be completely turned off or light levels dimmed to half, when the associated use is closed (post-curfew), of when the business is open (pre-curfew). If safety and security lighting is warranted, an occupancy sensing system will bring the system to sufficient brightness to meet the need, then reset to the lower level after a predetermined time. This approach is subject to approval by the zoning administrator. 2 California Legislative Information. 2007. Government Code, Title 7. Planning and Land Use. Website: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65591. Accessed: March 5, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-19 Section 18.60.050—Specific Sign Standards B. Illumination—Movement. The following regulations apply to a sign which is illuminated or which moves. 1. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade. 2. If a sign is indirectly illuminated, the lighting shall be white or amber colored. 3. A sign directly visible from an R district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open. 4. No movement or apparent movement of, or in, a sign or change in intensity of sign illumination is permitted, except as permitted in this section. a. Time or temperature signs are permitted, if otherwise consistent with the other provisions of this chapter. b. Theater canopy signs are permitted, if otherwise consistent with the other provisions of this chapter. c. Electronic readerboard signs located inside a building and within three feet of a window are permitted if the total aggregate area of all electronic readerboard signs at any business location does not exceed two square feet. 5. A sign with a plastic face shall be constructed of rigid plastic material and constructed in a manner which presents a planar surface with no visible warpage of the sign face and no visible seams. If a sign with a plastic face is illuminated, the illumination shall be evenly distributed and not cause uneven shadows. 6. An exposed neon window sign (without a translucent cover over the neon) is permitted if it otherwise complies with the regulations of this chapter and does not exceed four square feet per window. Pleasant Hill City Wide Design Guidelines Residential The Residential Design Guidelines are intended to inspire thoughtful interpretation and response to design opportunities, while promoting and reinforcing the physical image of residential and commercial areas of the City of Pleasant Hill. The guidelines are intended to encourage quality and well-designed development throughout the City that enhances existing neighborhoods, creates identity, and improves the overall quality of life within the City. Non-residential The City’s Non-residential Design Guidelines are intended to provide for quality and well-designed development throughout Pleasant Hill. They are not intended to replace or establish new requirements for the Zoning Ordinance, the General Plan, or public works standards. Oak Park Properties Specific Plan Development Standards The Oak Park Properties Specific Plan Development Standards (Specific Plan Development Standards) contain design guidelines for the park, library, and residences, which are described in more detail below. City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-20 FirstCarbon Solutions Park Development Standards The Specific Plan Development Standards outline development standards specific to the proposed park’s land uses as outlined in Table 3.1-2.3 Table 3.1-2: Development Standards, Proposed Park Development Feature Requirement Minimum Setbacks From Creek 10 feet1 From Parking Lot 20 feet From Monticello Avenue 20 feet From Northern Property Line 20 feet Height Limitations For Light Fixtures 70 feet For Park Structures 25 feet For Park Buildings 20 feet For Flagpoles 25 feet Maximum Number of Building Stories 2.5 stories Minimum Site Landscaping 5 percent2 Maximum Gross Floor Area Ratio 1,500 square feet Parking Determined by Use Permit3 Notes: 1 Measured from the top of Grayson Creek bank 2 This does not include the actual playing fields that are excluded from this calculation. 3 Parking spaces to be shared with the proposed library (as part of Civic Project). Non City- shared parking facilities shall comply with the Pleasant Hill Zoning Ordinance provisions (electric vehicle parking shall not be required). Source: Oak Park Properties Specific Plan 2019. The Specific Plan Development Standards also include a suggested plant material list, which include, but are not limited to: Trees • Arbutus ‘Marina’ (Arbutus) • Coast Silktassel (Garrya elliptica) • Coast Live Oak (Quercus agrifolia) • Cork Oak (Quercus suber) • Southern Live Oak (Quercus virginiana) • Silver Linden (Tilia tomentosa) 3 Proposed park hours are from sunrise until 10:00 p.m. (if activities are scheduled). The sports fields would be used Monday through Friday after school until 10:00 p.m. and on Saturdays and Sundays from 8:00 a.m. to 10:00 p.m. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-21 Shrubs • Yankee Point Ceanothus (Ceanothus griseus) • Little Olive ‘Montra’ (Olea europaea) • California Coffeeberry ‘Eve Case’ (Rhamnus californica) • Common Yarrow (Achillea millefolium) • Blue Grama ‘Blonde Ambition’ (Bouteloua gracilis) • Berkeley Sedge (Carex divulsa) • Coneflower ‘Flamethrower’ (Echinacea) • Molate Fescue (Festuca rubra) • Melic (Melica ciliata) • Sticky Monkey Flower (Mimulus aurantiacus) • Sour Grapes Beard Tongue ‘Sour Grapes’ (Penstemon) • Hummingbird Sage (Salvia spathacea) Groundcovers • Bermuda Grass ‘Tifway 419’ (Bermuda) Library Development Standards The Specific Plan Development Standards outline development standards specific to the proposed library’s land uses as outlined in Table 3.1-3. Table 3.1-3: Development Standards, Proposed Library Development Feature Requirement Minimum Lot Area 2.5 acres Minimum Lot Width 200 feet Minimum Setbacks From Creek 40 feet1 From Parking Lot 20 feet From Monticello Avenue 20 feet From Northern Property Line 20 feet Height Limitations (Maximum) For Street Lights 22 feet For Main Building 30 feet For Site Fences and Auxiliary Buildings 14 feet For Flagpoles 25 feet Maximum Number of Building Stories 2.5 stories Minimum Site Landscaping 20 percent Maximum Floor Area Ratio 0.25 Parking 90 spaces minimum2 City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-22 FirstCarbon Solutions Table 3.1-3 (cont.): Development Standards, Proposed Library Development Feature Requirement Notes: 1 Measured from the top of Grayson Creek bank 2 Parking spaces to be shared with the adjacent proposed park (as part of Civic Project). Source: Oak Park Properties Specific Plan 2019. Residential Development Standards Table 3.1-4 summarizes the residential development standards as set forth in the Specific Plan Development Standards. The residential development standards include development setbacks, exterior design concepts, and building envelope designs. These standards are also shown in Figure 6.2, Residential Setback Diagram, and Figure 6.3, Parking and Loading Development Standards Diagram in the Specific Plan Development Standards. The letters in Table 3.1-4 correspond to Figure 6.2, and the letters in Table 3.1-5 correspond to Figure 6.3. Table 3.1-4: Residential Development Standards Development Feature Requirement Minimum Lot Size 3,936 square feet A. Minimum Width, internal lots 48 feet B. Minimum width, corner lots 54 feet C. Minimum width, lots along Monticello Avenue 54 feet D. Minimum lot depth 82 feet Minimum Setbacks Chimneys, fireplaces, accent walls or pilasters, bay window, eaves or similar architectural projection may encroach as per City of Pleasant Hill Zoning Ordinance. E. Front: to building face or porch 10 feet F. Front: to front loaded garage door 19 feet (must maintain an 18 feet by 18 feet clear driveway) G. Side—internal lot 4 feet H. Side—corner lots: to building face 10 feet I. Side—corner lots: to porch 7 feet J. Rear 10 feet Maximum Height 35 feet (2 stories) Maximum Lot Coverage 60 percent Minimum Open Space1,2 200 square feet per unit (can be private open space, common open space, or a combination of both consistent with the Pleasant Hill Municipal Code) Parking Two covered spaces per unit City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-23 Table 3.1-4 (cont.): Residential Development Standards Development Feature Requirement Guest Parking 0.5 per unit (guest spaces may be provided on driveway aprons, on-street parking spaces or in designated parking spaces within the plan area. Driveway space shall be a minimum of 9 feet by 18 feet. Accessory Dwelling Unit 0 (no additional parking required due to proximity to transit). Notes: 1 Private open space must be on a patio, private yard area, or on a balcony. The minimum dimensions required to qualify as Private Open space are: Yard: 150 square feet, with a minimum dimension of 10 feet; Porches, decks and balconies: 60 square feet, with a minimum dimension of 6 feet. 2 Common open space must be designed so that a horizontal rectangle has no dimension less than 15 feet and may not include parking areas, or area required for front or side yards. Source: Oak Park Properties Specific Plan 2019. Table 3.1-5 summarizes parking and loading standards for residential development. Table 3.1-5: Parking and Loading Development Standards, Residential Off-Street Parking Standards Requirement A. Parking depth 19 feet (when a parking space abuts a landscaped planter less than 6 inches high, the front 2 feet of the required length for a parking space may extend into the planter.) B. Parking width 9 feet (parallel spaces shall be 8 feet by 23 feet adjacent to a 10 feet wide travel lane.) C. Drive Aisles 20 feet D. Driveway Depth 18 feet E. Driveway Width 18 feet Source: Oak Park Properties Specific Plan 2019. 3.1.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 CEQA Guidelines Appendix G, to determine whether impacts related to aesthetics are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State scenic highway? City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-24 FirstCarbon Solutions c) In a non-urbanized area, substantially degrade the existing visual character or quality of the site and its surroundings? If in an urbanized area, conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Approach to Analysis Scenic Vistas and Resources This analysis evaluates the potential impacts associated with development of the Civic Project and Residential Project on designated scenic vistas and resources. The City of Pleasant Hill designates several gateways, key streets, scenic corridors, and scenic routes as they afford publicly available views. If the proposed plan would alter or block views of these identified scenic resources, then an impact would occur. Relevant Pleasant Hill 2003 General Plan and Pleasant Hill Municipal Code policies are used to provide conclusions with regard to the significance of the proposed plan and cumulative level impacts. Caltrans designates highways and roadways throughout the State as eligible or designated State Scenic Highways. If the proposed plan would alter or block views of or from these designated or eligible highways an impact may occur. Relevant State regulations are used to provide conclusions with regard to significance of the proposed plan and cumulative level impacts. Visual Character and Views This analysis discusses the visual impacts associated with the development of the Civic Project and Residential Project on the plan area and its surroundings. Several variables affect the degree of visibility, visual contrast, and ultimately project impacts: (1) scale and size of facilities, (2) viewer types and activities, (3) distance and viewing angle, and (4) influences of adjacent scenery or land uses. Viewer response and sensitivity vary depending on viewer attitudes and expectations. Viewer sensitivity is distinguished among viewers in identified scenic corridors and from publicly accessible recreational and plaza areas. Recreational areas and scenic corridors are considered to have relatively high sensitivity. Light and Glare The analysis of light and glare impacts in this section focuses on the nature and magnitude of changes in light and glare conditions associated with the development of the Civic Project and Residential Project on the plan area and its surroundings. If the light and glare conditions of the Civic Project and Residential Project and the existing environment are similar, then the visual compatibility would be high. If the light and glare conditions of the Civic Project and Residential Project strongly contrast with the existing light and glare or applicable policies and guidelines, then light and glare compatibility would be low and significant impacts may result. Adopted urban design policies and guidelines are applied to determine the significance of potential cumulative-level light and glare impacts associated with the development of the Civic Project and Residential Project. An independent consultant has completed a peer review of the lighting plans for the athletic fields, library, and roadway streetlight components (Appendix B). Based on the peer review, the proposed City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-25 lighting for the Civic Project has been refined, where needed, to ensure that lighting would not result in trespass onto adjacent properties, in compliance with State and local standards. The Residential Project would be required to complete photometrics once design details are available to ensure compliance with state and local standards. Specific Thresholds of Significance The City of Pleasant Hill has not adopted quantitative thresholds for the evaluation of aesthetics. The City applies the following qualitative thresholds based on adopted policies and guidelines to evaluate the significance of aesthetics impacts resulting from the development of the Civic Project and Residential Project. • Block existing views from a City-designated scenic routes and corridors toward a City- designated visual/scenic resource (e.g., ridgeline) • Be inconsistent with the character of the plan area or existing development in the surrounding area or would substantially alter existing natural topography • Increase existing nighttime light or daytime glare sources in the plan area or vicinity in a manner that would substantially affect nighttime or daytime views Impact Evaluation Scenic Vistas Impact AES-1: The proposed plan would not have a substantial adverse effect on a scenic vista. Construction Civic Project and Residential Project Impacts related to scenic vistas are limited to operational impacts because construction impacts would be temporary and would not result in permanent obstruction to scenic vistas. No respective construction impacts would occur. Operation Civic Project and Residential Project A significant impact would occur if the implementation of the proposed plan results in a substantial adverse effect on a scenic vista4 as defined and identified in the Pleasant Hill 2003 General Plan. In lieu of identifying scenic vistas, the Pleasant Hill 2003 General Plan identifies gateways, key streets, scenic corridors, and scenic routes as they also afford publicly available views. A scenic corridor or route is defined as having a highway, road, drive, or street that, in addition to its transportation function, provides opportunities for the enjoyment of natural and human-made scenic resources. Scenic corridors and routes direct views to areas of exceptional beauty, natural resources or landmarks, or historic or cultural interest. The Pleasant Hill 2003 General Plan’s Community Development Element includes provisions to prohibit development within 50 feet of scenic corridors and routes. 4 A scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-26 FirstCarbon Solutions In the Pleasant Hill 2003 General Plan, Oak Park Boulevard, which constitutes the southern portion of the plan area, is a protected scenic corridor and provides intermittent views of Mount Diablo for eastbound travelers. The Pleasant Hill 2003 General Plan Community Development Element includes provisions to prohibit development on ridgelines, hillsides, creeks, and rock outcroppings where structures would interrupt the skyline and alteration of slopes greater than 15 percent. There are no ridgelines, hillsides, slopes greater than 15 percent, or rock outcroppings on the project site. However, Grayson Creek does traverse the eastern portion of the plan area. The Pleasant Hill 2003 General Plan states that Oak Park Boulevard is a scenic corridor because it contributes significantly to the overall image of Pleasant Hill. However, the Pleasant Hill 2003 General Plan determined that Oak Park Boulevard is not appropriate for a development setback but merits additional landscaping and other improvements to enhance its visual quality.5 Taylor Boulevard and Grayson Road, two roadways designated as scenic routes by the Pleasant Hill 2003 General Plan, are located more than a mile to the west and northwest, respectively. Intervening development and the flat topography of the plan area and its vicinity obstruct existing views of Taylor Boulevard and Grayson Road from the plan area or immediate surrounding area. With implementation of the proposed plan, views toward Mount Diablo from Oak Park Boulevard would remain, and the implementation of the proposed plan would not affect the existing views from this scenic corridor. Views of Mount Diablo from Monticello Avenue for southbound travelers may be intermittently blocked by the proposed library; however, these views are already obstructed by trees and only the top portion of Mount Diablo is visible. Furthermore, Monticello Avenue is not a designated scenic corridor by the Pleasant Hill 2003 General Plan. Intermittent views would also still be available from the proposed park, depending on the distance to the Grayson Creek riparian corridor and development to the east. Conclusion Implementation of the proposed plan would result in the construction of new buildings in the plan area. However, views from Oak Park Boulevard, a City-designated scenic corridor, would remain unchanged. Views from the plan area towards surrounding hillsides or mountains, including Mount Diablo, are currently partially or completely obstructed due to trees and development. The proposed building heights and setbacks for all residential and nonresidential uses covered by the Specific Plan would be consistent with the Specific Plan Development Standards. As such, scenic vistas from gateways, key streets, scenic corridors, and scenic routes would not be obstructed or degraded as a result of the implementation of the proposed plan. Therefore, overall impacts related to scenic vistas would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 5 City of Pleasant Hill. Pleasant 2003 General Plan, page 15. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-27 Scenic Resources within State Scenic Highways Impact AES-2: The proposed plan would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a State scenic highway. Construction Civic Project and Residential Project Impacts related to scenic resources damage within a State Scenic Highway are limited to operational impacts. No respective construction impacts would occur. Operation A significant impact would occur if the implementation of the proposed plan would result in new development that would substantially damage scenic resources as seen from a designated State Scenic Highway. Civic Project and Residential Project The plan area is located in the southeastern portion of the City of Pleasant Hill, approximately 0.3 miles west of I-680. This proximate segment of I-680 is neither eligible nor designated as a State Scenic Highway. In addition, the closest designated or eligible State Scenic Highway is the portion of I-680 south of Walnut Creek and State Highway 24, approximately 2.6 miles to the south of the plan area. No officially designated State Scenic Highways traverse the plan area, and no scenic resources (i.e., ridgelines, hillsides, rock outcroppings) are located within the plan area, of which a view would be available from a State Scenic Highway. In addition, the plan area is surrounded by suburban and recreational development. Given the absence of State Scenic Highways proximate to the plan area, the lack of designated scenic resources within the plan area, and the presence of intervening development between the plan area and more distant scenic highways, the implementation of the proposed plan would not adversely affect views of scenic resources from any State Scenic Highway. Thus, no impact would occur due to construction of the Civic Project or Residential Project related to scenic resources within a State Scenic Highway. Level of Significance No Impact (Civic Project and Residential Project) Visual Character and Views Impact AES-3: In non-urbanized areas, the proposed plan would not substantially degrade the existing visual character or quality of public views of the site and its surroundings or conflict with applicable zoning and other regulations governing scenic quality.6 Construction Civic Project and Residential Project Impacts related to degradation of existing visual character or quality of the plan area and surroundings are limited to operational impacts. No respective construction impacts would occur. 6 For the purposes of this analysis, the project site is considered a not fully urbanized area. Therefore, out of an abundance of caution, this analysis evaluates publicly accessible views of the site and its surroundings. City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-28 FirstCarbon Solutions Operation Civic Project and Residential Project The plan area is not fully urbanized, aside from the existing library and vacant administrative offices. The area surrounding the plan area has a suburban residential character. Multi-family apartments are located to the west (on Monte Cresta Avenue), the EBMUD trail and landscaping is to the east (adjacent to the eastern boundary of the plan area), single-family homes are located to the south (along Oak Park Boulevard), and Pleasant Oaks Park and Pleasant Hill Middle School are to the North. Consistency with Scenic Quality Regulations Consistency with Pleasant Hill 2003 General Plan Implementation of the Civic Project would involve construction of a new library and park, as well as improvements to roadways and storm drainage systems, modifying outfalls and related improvements to the Grayson Creek Corridor. The Civic Project would be consistent with Community Development Goal 3 because it would result in the development of a new library and athletic fields, and would connect to existing pedestrian and bike paths that would create a cohesive development of a vacant and underutilized site. The implementation of the Civic Project would enhance Oak Park Boulevard by providing new sidewalks, landscaping, and re-striping consistent with Community Development Goal 9. In addition, views along Oak Park Boulevard would change, consistent with Community Development Policy 9A. Implementation of the Residential Project would involve construction of 34 single-family residences and seven accessory dwelling units. The Residential Project would be consistent with Community Development Policy 1A because the single-family residential homes would enhance the aesthetic of the plan area by including homes with a cottage, Spanish, craftsman, and farmhouse design that would match the surrounding residential areas to the south and east. Consistency with Pleasant Hill Municipal Code Consistent with Chapter 18.115 of the Pleasant Hill Municipal Code, the Civic Project and Residential Project would each be required to obtain an architectural review permit prior to issuance of building permits. The architectural review permit would ensure the architectural design of the Residential Project’s residences and the Civic Project’s library and park development, including materials and colors, are visually harmonious with surrounding development. In addition, the architectural review permit would ensure that landscaping plans for both the Civic Project and Residential Project conform to the requirements of this chapter and provide visually pleasing settings for structures within the plan area and blends with the natural landscape. Furthermore, compliance with the architectural review permit would ensure compliance with Pleasant Hill City Wide Design Guidelines as well as the Specific Plan Development Standards. Parking areas associated with the Residential Project would be screened with a solid wood fence with horizontal slats consistent with Section 18.55.140. All outdoor lighting associated with the Civic Project and Residential Project would be directed downward. Consistency with Pleasant Hill City Wide Design Guidelines As discussed above, the Civic Project and Residential Project would be subject to an architectural review permit that would ensure design, including landscaping, would conform to the Pleasant Hill City Wide Design Guidelines. The Civic Project would include pedestrian and bike paths as well as open space and recreational areas to encourage pedestrian activity and create a visual link to streets and sidewalks. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-29 Consistency with Oak Park Properties Specific Plan Development Standards As part of the approval process, the Residential Project and Civic Project would be required to submit and adhere to the Specific Plan Development Standards that provide specific guidance with respect to project design. The Residential Project and Civic Project would also be subject to the Specific Plan’s landscaping guidelines that include plant species, size, and types of irrigation to ensure the Residential Project and Civic Project are consistent with the Pleasant Hill City Wide Guidelines related to water conserving methods. Visual Character and Quality of Public Views Views to and from the Civic Project Site The Civic Project would include modern architecture, multi-use trails along the perimeter, and maintained landscaping that would improve the overall appearance of this currently vacant lot. New trees would complement the existing riparian vegetation along Grayson Creek. Native or climate appropriate buffer planting would also be planted along all street fronts and throughout the area abutting the Grayson Creek Corridor. As described in Section 3.3, Biological Resources, the Civic Project would be required to adhere to the Pleasant Hill Municipal Code Section 18.50.110, which requires the acquisition of tree permits prior to the removal of protected trees (per Mitigation Measure [MM] BIO- 5a). Remaining trees that are proposed for preservation on the Civic Project site would be protected through the implementation of the pre-, during, and post-construction tree protection guidelines identified and outlined in the arborist report (per MM BIO-5b through MM BIO-5d). The proposed athletic fields and multi-use trails would improve the visual appearance of the Civic Project site by providing new maintained landscaping, a pedestrian trail along Grayson Creek, and a public park area with open space and recreation areas. These uses would be compatible with the visual character of the surrounding land uses, because this site is surrounded by other park and recreational uses including Pleasant Oaks Park adjacent to the northwest, the EBMUD trail adjacent to the east, and Pleasant Hill Middle School Field directly adjacent to the north. Existing mature native or climate-adapted trees within the top of bank setback would be reviewed by an arborist for health and would be preserved, where possible. As such, these improvements to the Grayson Creek Corridor would be compatible with the visual character of the surrounding land uses by incorporating native landscaping, removing non-native and dead vegetation, and removing trash. The Monticello Avenue improvements would include road resurfacing, restriping, new sidewalks, lights, and landscaping. The implementation of the proposed plan would include the planting of a minimum of 70 trees along Monticello Avenue within the plan area. Trees would be drought tolerant and a groundcover planting of native and/or climate-adapted planting would separate the sidewalk from the street. The proposed improvements to Oak Park Boulevard include the planting of new street trees and a groundcover planting of native and/or climate-adapted planting separating the sidewalk from the street. Impacts related to visual quality and character of public views to and from the Civic Project site would be less than significant, as the implementation of the Civic Project would not substantially degrade the existing suburban character of the surrounding area or substantially alter existing views of distant mountains and hillsides. City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-30 FirstCarbon Solutions Views to and from the Residential Project The Residential Project would replace the existing library uses with residential uses that would be composed of four distinct architectural styles consisting of Spanish, farmhouse, craftsman, and cottage styles. Units would employ architectural features such as painted wood columns, accent corbels, enhanced windowsills, and shingle or tile roofing. The homes would have a variety of floor plans and would have an architectural palette that builds on the rich history and distinct character of the City of Pleasant Hill. The residential units would provide visual interest and would contribute to the overall neighborhood identity. The buildings on this property would be below the maximum of 35 feet in height, in accordance with the Pleasant Hill Municipal Code. Impacts related to visual quality and character of public views to and from the Residential Project site would be less than significant, as the Residential Project design would be consistent with the existing suburban character of the surrounding area and would not substantially alter existing views. Level of Significance Less Than Significant (Civic Project and Residential Project) Light and Glare Impact AES-4: The proposed plan would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. Construction Civic Project and Residential Project Impacts related to creation of a new source of light and glare that could affect day or nighttime views in the plan area are limited to operational impacts. Construction period impacts would be temporary and construction activities are limited to daytime hours. No respective construction impacts would occur. Operational Light and Glare Implementation of the Civic Project and Residential Project would have a significant impact if substantial light or glare would adversely affect nighttime or daytime views, respectively, within the vicinity of the plan area. The development of residential, civic, and recreational uses with associated windows as well as exterior lighting and signage would create an increase of nighttime light and daytime glare, due to the increase of lighting and reflective surfaces and vehicle headlights in the area. Potential sources of light associated with the Civic Project and Residential Project are discussed below. Civic Project Light The proposed athletic fields would be lighted by poles approximately 40 to 70 feet tall with a light level less than 50,000 candela, which is equivalent to high beam headlights of a car.7 Light from these lighting poles could extend across Grayson Creek Corridor and onto the off-site EBMUD Trail and single- family homes to the east. However, Exhibit 3.1-6, photograph A, shows that these lights would be directed downward and toward the west, away from the EBMUD trail and adjacent single-family homes. The photometric plan for the proposed athletic fields was peer reviewed by an independent 7 Musco Lighting. 2018. Illumination Summary. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-31 consultant, and adjustments were identified and implemented in the proposed design and operation (i.e. 10 p.m. but off) to ensure that lighting levels would not exceed City lighting standards. In addition, Exhibit 3.1-6, photograph A, demonstrates that the only lighting proposed adjacent to the EBMUD trail and single-family homes would be minor landscape lighting that would only intermittently illuminate the trail and newly planted trees. Furthermore, the proposed lighting would need to comply with the Pleasant Hill Municipal Code, including Section 18.55.140, which provides standards for parking lot lighting, and Section 18.60.050, which provides standards for signs. The proposed athletic fields would not include reflective materials that would introduce significant sources of glare. The athletic fields and bocce courts would be constructed from concrete, and no glass or solar panels would be included. The proposed library would include exterior lighting that would create a new source of light compared to existing conditions (Exhibit 3.1-7, photograph D). As shown in Exhibit 3.1-7 photograph D, the only lights visible from Oak Park Boulevard would be directed onto the library’s southern façade, sidewalks, and in the parking lot. This property is currently adjacent to Oak Park Boulevard and residential homes across Oak Park Boulevard to the south, which contains light sources that illuminate the southern portion of the Civic Project property. Pursuant to Section 18.55.140 of the Municipal Code, the City requires certain screening, lighting, and landscaping features for parking areas. The proposed library parking lot would include lighting that would be required to limit off-site light spillage and would screen lighting with landscaping. As shown in Exhibit 3.1-7, photograph D, the parking lot would be screened by the library and associated trees and lighting would not spill onto the adjacent single-family homes. The photometric plan for the proposed library was peer reviewed by an independent consultant, and adjustments were identified and implemented in the proposed design to ensure that lighting levels demonstrate that the library lighting would not exceed City lighting standards. In addition, the Civic Project would adhere to Section 18.60.050 of the Pleasant Hill Municipal Code, which provides standards for signs. No signage is proposed along the pedestrian trail along Grayson Creek Corridor or the potential future bridge connecting the pedestrian trail to the EBMUD trail. Lighting would be provided along the pedestrian trail immediately west of the Grayson Creek Corridor and would be shut off at 10:00 p.m. The proposed library would include building materials composed of glass, metals, and concrete that would create a new source of glare compared to existing conditions. Consistency with the Specific Plan Development Standards would ensure the library would not produce a significant source of glare. In addition, proposed landscaping and existing trees would partially screen the library from view on Oak Park Boulevard and Monticello Avenue, further reducing potential glare impacts. As shown in Exhibit 3.1-7, photograph C, Monticello Avenue Improvements would include 20 new streetlights along the east and west sides of Monticello Avenue. Ten new streetlights would line each side of Monticello Avenue, starting at the intersection with Santa Barbara Road. The new clear seeded acrylic lens lighting fixtures would consist of 17-foot fluted structural grade aluminum poles with a 3- foot aluminum lighting roof and cage. The 5-inch diameter poles would rest atop 4-foot straight-base shafts, anchored to the pavement. The lighting system would draw 94 watts through a mounted light emitting diode (LED) source to provide 4,670 lumens. The new lighting poles would be located behind City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-32 FirstCarbon Solutions the sidewalk within public utility easements or within landscape areas. As seen in Exhibit 3.1-7, photograph C, the lighting would be directed downward and limited to the Civic Project site. The photometric plan was peer reviewed by an independent consultant, and adjustments were identified and implemented in the proposed design to ensure that lighting levels would not exceed City lighting standards. These improvements would not include highly reflective materials, such as glass. Additionally, any reflective roadway improvements would be intended for roadway safety. Oak Park Boulevard improvements would include 10 new streetlights along the northern segment of Oak Park Boulevard. As shown in Exhibit 3.1-7, photograph D, the only lights visible from Oak Park Boulevard would be directed onto the library’s southern façade, sidewalks, and in the parking lot. As described above, the new lighting fixtures would consist of 17-foot fluted structural grade aluminum poles with a 3-foot aluminum lighting roof and cage. The lighting system would draw 94 watts through a mounted LED source to provide 4,670 lumens. The Oak Park Boulevard segment within the plan area is adjacent to residential homes, which contain light sources that illuminate the southern portion of the Civic Project site. As shown in Exhibit 3.1-7, photograph D, lighting would be screened by the proposed library and associated trees. The photometric plan was peer reviewed by an independent consultant, and adjustments were identified and implemented in the proposed design to ensure that lighting levels would not exceed City lighting standards. As a result, lighting would not spill onto the adjacent single-family homes. These improvements would not include highly reflective materials, such as glass. Additionally, any reflective roadway improvements would be intended for roadway safety. The Civic Project site and its surrounding area are dominated by urban development, which are less sensitive to changes in light levels. As shown in Exhibit 3.1-5, Exhibit 3.1-6, and Exhibit 3.1-7, the Civic Project’s proposed nighttime lighting would not spill off-site or significantly change the light setting in the area. The photometrics of the Civic Project components have been peer reviewed by an independent consultant who suggested refinements that were incorporated into the proposed selection of fixtures to ensure that the proposed library, athletic fields, and streetlights would comply with City lighting standards. Additionally, the Civic Project would comply with Section 18.55.140 and Section 18.60.050 of the Pleasant Hill Municipal Code, which requires certain screening, lighting, and landscaping features for parking areas. As such, all exterior lighting fixtures and lighted signage would be installed, controlled, screened, or directed so that light would not spill onto adjoining properties or be blinding to pedestrians or vehicular traffic. Therefore, the Civic Project’s uses would be compatible with the surrounding uses and lighting impacts would be less than significant. Glare Project development would result in new sources of glare from buildings and light poles that would introduce new sources of glare in the form of reflective glass and metal elements. As such, daytime glare impacts would be potentially significant. However, implementation of MM AES-4 would require adherence to a design review process and standards to minimize the Civic Project’s daytime glare contribution. Therefore, glare impacts would be less than significant with mitigation. A. View 1 Proposed - View from east of EBMUD Trail looking west toward the plan area. B. View 2 Proposed - View from Pleasant Hill Instructional Garden north of Hawthorne Drive looking southeast toward the plan area. 42820009 • 08/2019 | 3.1-6_proposed_nighttime_views_1and2.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-6 Proposed Nighttime Views 1 and 2 THIS PAGE INTENTIONALLY LEFT BLANK C. View 3 Proposed - View from Pleasant Hill Library west of Monticello Avenue looking northeast across the plan area. D. View 4 Proposed - View from sidewalk on the southern side of Oak Park Boulevard looking north toward the plan area. 42820009 • 08/2019 | 3.1-7_proposed_nighttime_views_3and4.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.1-7 Proposed Nighttime Views 3 and 4 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Aesthetics FirstCarbon Solutions 3.1-37 Residential Project As shown in shown in Exhibit 3.1-6, photograph B, the Residential Project would introduce new sources of nighttime lighting, including lighting from the residential units. However, given the intervening foliage and buildings, the Residential Project would not be visible from this viewpoint. Residential exterior lighting would be located around and within the site. Lampposts would be evenly dispersed, with safety lighting, as needed throughout the site. The Residential Project would need to comply with Section 18.55.140, which provides standards for parking lot lighting, and Section 18.60.050, which provides standards for signs, of the Pleasant Hill Municipal Code. Potential sources of glare associated with the Residential Project would consist of glazing (windows) and other reflective materials used in the façades of proposed structures. The proposed residential units that would be composed of four distinct architectural styles consisting of Spanish, farmhouse, craftsman, and cottage styles. Besides windows, most of the exterior building materials of the proposed residences would not consist of glass, metal, or other reflective materials. As discussed previously, the Residential Project would result in residential homes with similar light and glare impacts typical of single-family homes, such as exterior landscape lighting and windows. There are single-family homes located just south and, as a result, the area around this site is already affected by similar light and glare impacts. In addition, implementation of MM AES-4 would require adherence to a design review process and standards to minimize the Residential Project’s daytime glare contribution. Therefore, impacts related to light and glare associated with the Residential Project would be less than significant with mitigation. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM AES-4 Adhere to Architectural Design Review Process and Standards Civic Project and Residential Project: As part of the City’s review process, the Civic Project and Residential Project shall each include the following features in its design review submittal: • Structures facing a public street or neighboring property shall use minimally reflective glass, and other materials and colors used on the exterior of buildings and structures shall be selected with attention to minimizing reflective glare. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) 3.1.5 - Cumulative Impacts The geographic scope of the cumulative aesthetics analysis is the visible area surrounding the plan area. The analysis considers the foreseeable development projects listed in Table 3-1 (See Chapter 3, Environmental Impact Analysis) in the City of Pleasant Hill area in addition to the proposed plan. City of Pleasant Hill—Oak Park Properties Specific Plan Aesthetics Draft EIR 3.1-38 FirstCarbon Solutions Visual Character and Views Within the vicinity of the plan area, there is a mix of mostly residential, commercial, and recreational developments. The proposed plan and the other cumulative projects listed in Table 3-1 propose suburban development, but only Cumulative Project 3 (daycare facility) would be located within the same visible area. The proposed plan and Cumulative Project 3 would contribute to the continued urbanization of the City of Pleasant Hill, consistent with the vision for buildout expressed by the Pleasant Hill 2003 General Plan. The proposed plan and Cumulative Project 3 would be subject to the same Pleasant Hill 2003 General Plan policies, Pleasant Hill Municipal Plan codes, and Pleasant Hill City Wide Design Guidelines related to building heights, setbacks, architecture, undergrounding of utilities, parking areas, landscaping, signage, and permitted land uses. As such, the cumulative impact related to visual character and quality of public views within the vicinity of the plan area would be less than significant. Light and Glare Within the vicinity of the plan area, there is a mix of mostly residential, commercial, and recreational developments. The proposed plan and the other cumulative projects listed in Table 3-1 propose suburban development, but only Cumulative Project 3 (daycare facility) would be located within the same visible area. The proposed plan and Cumulative Project 3 would include exterior and interior lighting. Lighting associated with the proposed plan and Cumulative Project 3 would be subject to Pleasant Hill Municipal Code Chapter 18.60.050, which establishes standards for illuminated signs. As such, the cumulative impact related to light and glare would be less than significant. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-1 3.2 - Air Quality 3.2.1 - Introduction This section describes existing air quality conditions regionally, locally, and within the Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to air quality that could result from implementation of the Specific Plan (proposed plan). Information included in this section is based on proposed plan-specific air quality modeling outputs included in Appendix C. The following comments were received during the Environmental Impact Report (EIR) scoping period related to air quality: • Concerned with time period between demolition of the existing library and construction of the proposed new library; and • Concerned with construction schedule. 3.2.2 - Environmental Setting Regional Geography and Climate The City of Pleasant Hill is located in Contra Costa County and within the San Francisco Bay Area Air Basin (Air Basin or SFBAAB). The Air Basin is approximately 5,600 square miles in area and consists of nine counties that surround the San Francisco Bay, including all of Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Napa Counties; the southwestern portion of Solano County; and the southern portion of Sonoma County. The San Francisco Bay Area (Bay Area) has a Mediterranean climate characterized by mild, dry summers and mild, moderately wet winters; moderate daytime onshore breezes, and moderate humidity. A semi-permanent, high-pressure area centered over the northeastern Pacific Ocean dominates the summer climate of the West Coast. Because this high-pressure cell is persistent, storms rarely affect the California coast during the summer. Thus, the conditions that persist along the coast of California during summer are a northwest airflow and negligible precipitation. A thermal low-pressure area from the Sonoran-Mojave Desert also causes air to flow onshore over the Bay Area much of the summer. The steady northwesterly flow around the eastern edge of the Pacific High (a high-pressure cell) exerts stress on the ocean surface along the west coast. This induces upwelling of cold water from below. Upwelling produces a band of cold water off San Francisco that is approximately 80 miles wide. During July, the surface waters off San Francisco are 3 degrees Fahrenheit (°F) cooler than those off Vancouver, British Columbia, more than 900 miles to the north. Air approaching the California coast, already cool and moisture-laden from its long trajectory over the Pacific, is further cooled as it flows across this cold bank of water near the coast, thus accentuating the temperature contrast across the coastline. This cooling is often sufficient to produce condensation—a high incidence of fog and stratus clouds along the northern California coast in summer. In summer, the northwest winds to the west of the Pacific coastline are drawn into the interior through the gap in the western Coast Ranges, known as the Golden Gate, and over the lower portions of the San Francisco Peninsula. Immediately to the south of Mount Tamalpais, the northwesterly winds City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-2 FirstCarbon Solutions accelerate considerably and come more nearly from the west as they stream through the Golden Gate. This channeling of the flow through the Golden Gate1 produces a jet that sweeps eastward but widens downstream, producing southwest winds at Berkeley and northwest winds at San José; a branch curves eastward through the Carquinez Straits and into the Central Valley. Wind speeds may be locally strong in regions where air is channeled through a narrow opening such as the Golden Gate, the Carquinez Strait, or San Bruno Gap. For example, the average wind speed at San Francisco International Airport from 3 a.m. to 4 p.m. in July is about 20 miles per hour (mph), compared with only about 8 mph at San José and less than 7 mph at the Farallon Islands. The sea breeze between the coast and the Central Valley2 commences near the surface along the coast in late morning or early afternoon; it may first be observed only through the Golden Gate. Later in the day, the layer deepens and intensifies while spreading inland. As the breeze intensifies and deepens, it flows over the lower hills farther south along the peninsula. This process frequently can be observed as a bank of stratus clouds “rolling over” the coastal hills on the west side of the bay. The depth of the sea breeze depends in large part upon the height and strength of the inversion. The generally low elevation of this stable layer of air prevents marine air from flowing over the coastal hills. It is unusual for the summer sea breeze to flow over terrain exceeding 2,000 feet in elevation. In winter, the SFBAAB experiences periods of storminess, moderate-to-strong winds, and periods of stagnation with very light winds. Winter stagnation episodes are characterized by outflow from the Central Valley, nighttime drainage flows in coastal valleys, weak onshore flows in the afternoon, and otherwise light and variable winds. A primary factor in air quality is the mixing depth (the vertical air column available for dilution of contaminant sources). Generally, the temperature of air decreases with height, creating a gradient from warmer air near the ground to cooler air at elevation. This is caused by most of the sun’s energy being converted to sensible heat at the ground, which in turn warms the air at the surface. The warm air rises in the atmosphere, where it expands and cools. Sometimes, however, the temperature of air actually increases with height. This condition is known as temperature inversion, because the temperature profile of the atmosphere is “inverted” from its usual state. Over the SFBAAB, the frequent occurrence of temperature inversions limits mixing depth and, consequently, limits the availability of air for dilution. Air Pollutant Types, Sources, and Effects Criteria Air Pollutants Concentrations of criteria air pollutants are used as indicators of air quality conditions. Air pollutants are termed criteria air pollutants if they are regulated by developing specific public health and welfare- based criteria as the basis for setting permissible levels. According to the United States Environmental Protection Agency (EPA), criteria air pollutants are ozone, particulate matter (PM10 and PM2.5), nitrogen dioxide (NO2), carbon monoxide (CO), lead, and sulfur dioxide (SO2). Criteria air pollutants are defined 1 A strait on the West Coast of North America that connects the San Francisco Bay to the Pacific Ocean. 2 A flat valley that dominates the geographical center of California stretching 450 miles from north-northwest to south-southeast, inland from and parallel to the Pacific Ocean coast. It is bounded by the Sierra Nevada to the east and the Coast Range to the west. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-3 in more detail under Section 3.2.3, Regulatory Framework. Table 3.2-1 provides a summary of the types, sources, and effects of these criteria air pollutants of national and California concern. Table 3.2-1: Description of Criteria Air Pollutants of National and California Concern Criteria Air Pollutant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure Ozone Ozone is a photochemical pollutant as it is not emitted directly into the atmosphere, but is formed by a complex series of chemical reactions between volatile organic compounds (VOC), nitrous oxides (NOX), and sunlight. Ozone is a regional pollutant that is generated over a large area and is transported and spread by the wind. Ozone is a secondary pollutant; thus, it is not emitted directly into the lower level of the atmosphere. The primary sources of ozone precursors (VOC and NOX) are mobile sources (on-road and off-road vehicle exhaust). Irritate respiratory system; reduce lung function; breathing pattern changes; reduction of breathing capacity; inflame and damage cells that line the lungs; make lungs more susceptible to infection; aggravate asthma; aggravate other chronic lung diseases; cause permanent lung damage; some immunological changes; increased mortality risk; vegetation and property damage. Particulate matter (PM10) Suspended particulate matter is a mixture of small particles that consist of dry solid fragments, droplets of water, or solid cores with liquid coatings. The particles vary in shape, size, and composition. PM10 refers to particulate matter that is between 2.5 and 10 microns in diameter, (one micron is one-millionth of a meter). PM2.5 refers to particulate matter that is 2.5 microns or less in diameter, about one-thirtieth the size of the average human hair. Stationary sources include fuel or wood combustion for electrical utilities, residential space heating, and industrial processes; construction and demolition; metals, minerals, and petrochemicals; wood products processing; mills and elevators used in agriculture; erosion from tilled lands; waste disposal, and recycling. Mobile or transportation related sources are from vehicle exhaust and road dust. Secondary particles form from reactions in the atmosphere. • Short-term exposure (hours/days): irritation of the eyes, nose, throat; coughing; phlegm; chest tightness; shortness of breath; aggravate existing lung disease, causing asthma attacks and acute bronchitis; those with heart disease can suffer heart attacks and arrhythmias. • Long-term exposure: reduced lung function; chronic bronchitis; changes in lung morphology; death. Particulate matter (PM2.5) Nitrogen dioxide (NO2) During combustion of fossil fuels, oxygen reacts with nitrogen to produce nitrogen oxides—NOX (NO, NO2, NO3, N2O, N2O3, N2O4, and N2O5). NOX is a precursor to ozone, PM10, and PM2.5 formation. NOX can react with compounds to form nitric acid and related small particles and result in PM related health effects. NOX is produced in motor vehicle internal combustion engines and fossil fuel-fired electric utility and industrial boilers. Nitrogen dioxide forms quickly from NOX emissions. NO2 concentrations near major roads can be 30 to 100 percent higher than those at monitoring stations. Potential to aggravate chronic respiratory disease and respiratory symptoms in sensitive groups; risk to public health implied by pulmonary and extra-pulmonary biochemical and cellular changes and pulmonary structural changes; contributions to atmospheric discoloration; increased visits to hospital for respiratory illnesses. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-4 FirstCarbon Solutions Table 3.2-1 (cont.): Description of Criteria Air Pollutants of National and California Concern Criteria Air Pollutant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure Carbon monoxide (CO) CO is a colorless, odorless, toxic gas. CO is somewhat soluble in water; therefore, rainfall and fog can suppress CO conditions. CO enters the body through the lungs, dissolves in the blood, replaces oxygen as an attachment to hemoglobin, and reduces available oxygen in the blood. CO is produced by incomplete combustion of carbon-containing fuels (e.g., gasoline, diesel fuel, and biomass). Sources include motor vehicle exhaust, industrial processes (metals processing and chemical manufacturing), residential wood burning, and natural sources. Ranges depending on exposure: slight headaches; nausea; aggravation of angina pectoris (chest pain) and other aspects of coronary heart disease; decreased exercise tolerance in persons with peripheral vascular disease and lung disease; impairment of central nervous system functions; possible increased risk to fetuses; death. Sulfur dioxide (SO2) Sulfur dioxide is a colorless, pungent gas. At levels greater than 0.5 ppm, the gas has a strong odor, similar to rotten eggs. Sulfur oxides (SOX) include sulfur dioxide and sulfur trioxide. Sulfuric acid is formed from sulfur dioxide, which can lead to acid deposition and can harm natural resources and materials. Although sulfur dioxide concentrations have been reduced to levels well below state and federal standards, further reductions are desirable because sulfur dioxide is a precursor to sulfate and PM10. Human caused sources include fossil-fuel combustion, mineral ore processing, and chemical manufacturing. Volcanic emissions are a natural source of sulfur dioxide. The gas can also be produced in the air by dimethyl sulfide and hydrogen sulfide. Sulfur dioxide is removed from the air by dissolution in water, chemical reactions, and transfer to soils and ice caps. The sulfur dioxide levels in the State are well below the maximum standards. Bronchoconstriction accompanied by symptoms which may include wheezing, shortness of breath and chest tightness, during exercise or physical activity in persons with asthma. Some population- based studies indicate that the mortality and morbidity effects associated with fine particles show a similar association with ambient sulfur dioxide levels. It is not clear whether the two pollutants act synergistically or one pollutant alone is the predominant factor. Lead Lead is a solid heavy metal that can exist in air pollution as an aerosol particle component. Leaded gasoline was used in motor vehicles until around 1970. Lead concentrations have not exceeded state or federal standards at any monitoring station since 1982. Lead ore crushing, lead- ore smelting, and battery manufacturing are currently the largest sources of lead in the atmosphere in the United States. Other sources include dust from soils contaminated with lead-based paint, solid waste disposal, and crustal physical weathering. Lead accumulates in bones, soft tissue, and blood and can affect the kidneys, liver, and nervous system. It can cause impairment of blood formation and nerve conduction, behavior disorders, mental retardation, neurological impairment, learning deficiencies, and low IQs. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-5 Table 3.2-1 (cont.): Description of Criteria Air Pollutants of National and California Concern Criteria Air Pollutant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure Source: South Coast Air Quality Management District (SCAQMD) 2007; California Environmental Protection Agency (Cal/EPA) 2002; California Air Resources Board (ARB) 2009; United States Environmental Protection Agency (EPA) 2003, 2009a, 2009b, 2010, 2011a, and 2012; National Toxicology Program 2011a and 2011b. Toxic Air Contaminants Concentrations of toxic air contaminants (TAC) are also used as indicators of air quality conditions. TACs are defined as air pollutants that may cause or contribute to an increase in mortality or serious illness or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or health risk may pose a threat to public health even at very low concentrations. TACs can cause long-term health effects (such as cancer, birth defects, neurological damage, asthma, bronchitis, or genetic damage) or short-term acute affects (such as eye watering, respiratory irritation, runny nose, throat pain, or headaches). For those TACs that may cause cancer, there is no concentration that does not present some risk. In other words, there is no threshold level below which some adverse health impacts are not expected to occur. This contrasts with the criteria pollutants such as NO2 and carbon dioxide (CO2) for which acceptable levels of exposure can be determined and for which the State and federal governments have set ambient air quality standards. TACs are separated into carcinogens and noncarcinogens based on the nature of the physiological effects associated with exposure to a particular TAC. Carcinogens are assumed to have no safe threshold below which health impacts would not occur. Cancer risk is typically expressed as excess cancer cases per million exposed individuals, typically over a lifetime exposure or other prolonged duration. For noncarcinogenic substances, there is generally assumed to be a safe level of exposure below which no negative health impact is believed to occur. These levels may vary depending on the specific pollutant. Acute and chronic exposure to noncarcinogens is expressed as a hazard index (HI), which is the ratio of expected exposure levels to an acceptable reference exposure levels. To date, the California Air Resources Board (ARB) has designated nearly 200 compounds as TACs. The ARB has implemented control measures for a number of compounds that pose high risks and show potential for effective control. The majority of the estimated health risk from TACs can be attributed to a relatively few compounds, the most important being diesel particulate matter (DPM) from diesel-fueled engines. Common TACs of national and California concern include: DPM, volatile organic compounds (VOCs), benzene, asbestos, hydrogen sulfide, sulfates, visibility-reducing particulates, vinyl chloride, and lead. Table 3.2-2 provides a summary of these types, sources, and effects of TACs of national and California concern. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-6 FirstCarbon Solutions Table 3.2-2: Description of Toxic Air Contaminants of National and California Concern Toxic Air Contaminant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure Diesel Particulate Matter (DPM) Diesel PM is a source of PM2.5— diesel particles are typically 2.5 microns and smaller. Diesel exhaust is a complex mixture of thousands of particles and gases that is produced when an engine burns diesel fuel. Organic compounds account for 80 percent of the total particulate matter mass, which consists of compounds such as hydrocarbons and their derivatives, and polycyclic aromatic hydrocarbons and their derivatives. Fifteen polycyclic aromatic hydrocarbons are confirmed carcinogens, a number of which are found in diesel exhaust. Diesel exhaust is a major source of ambient particulate matter pollution in urban environments. Typically, the main source of DPM is from combustion of diesel fuel in diesel-powered engines. Such engines are in on-road vehicles such as diesel trucks, off-road construction vehicles, diesel electrical generators, and various pieces of stationary construction equipment. Some short-term (acute) effects of DPM exposure include eye, nose, throat, and lung irritation, coughs, headaches, light-headedness, and nausea. Studies have linked elevated particle levels in the air to increased hospital admissions, emergency room visits, asthma attacks, and premature deaths among those suffering from respiratory problems. Human studies on the carcinogenicity of DPM demonstrate an increased risk of lung cancer, although the increased risk cannot be clearly attributed to diesel exhaust exposure. Volatile Organic Compounds (VOCs) Reactive organic gases (ROGs), or VOCs, are defined as any compound of carbon— excluding CO, CO2, carbonic acid, metallic carbides or carbonates, and ammonium carbonate—that participates in atmospheric photochemical reactions. Although there are slight differences in the definition of ROGs and VOCs, the two terms are often used interchangeably. Indoor sources of VOCs include paints, solvents, aerosol sprays, cleansers, tobacco smoke, etc. Outdoor sources of VOCs are from combustion and fuel evaporation. A reduction in VOC emissions reduces certain chemical reactions that contribute to the formulation of ozone. VOCs are transformed into organic aerosols in the atmosphere, which contribute to higher PM10 and lower visibility. Although health-based standards have not been established for VOCs, health effects can occur from exposures to high concentrations because of interference with oxygen uptake. In general, concentrations of VOCs are suspected to cause eye, nose, and throat irritation; headaches; loss of coordination; nausea; and damage to the liver, the kidneys, and the central nervous system. Many VOCs have been classified as toxic air contaminants. Benzene Benzene is a VOC. It is a clear or colorless light-yellow, volatile, highly flammable liquid with a gasoline-like odor. The EPA has classified benzene as a “Group A” carcinogen. Benzene is emitted into the air from fuel evaporation, motor vehicle exhaust, tobacco smoke, and from burning oil and coal. Benzene is used as a solvent for paints, inks, oils, waxes, plastic, and rubber. Benzene occurs naturally in gasoline at one to two percent by volume. The primary route of human exposure is through inhalation. Short-term (acute) exposure of high doses from inhalation of benzene may cause dizziness, drowsiness, headaches, eye irritation, skin irritation, and respiratory tract irritation, and at higher levels, loss of consciousness can occur. Long- term (chronic) occupational exposure of high doses has caused blood disorders, leukemia, and lymphatic cancer. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-7 Table 3.2-2 (cont.): Description of Toxic Air Contaminants of National and California Concern Toxic Air Contaminant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure Asbestos Asbestos is the name given to a number of naturally occurring fibrous silicate minerals that have been mined for their useful properties such as thermal insulation, chemical and thermal stability, and high tensile strength. The three most common types of asbestos are chrysotile, amosite, and crocidolite. Chrysotile, also known as white asbestos, is the most common type of asbestos found in buildings. Chrysotile makes up approximately 90 to 95 percent of all asbestos contained in buildings in the United States. Exposure to asbestos is a health threat; exposure to asbestos fibers may result in health issues such as lung cancer, mesothelioma (a rare cancer of the thin membranes lining the lungs, chest, and abdominal cavity), and asbestosis (a non-cancerous lung disease that causes scarring of the lungs). Exposure to asbestos can occur during demolition or remodeling of buildings that were constructed prior to the 1977 ban on asbestos for use in buildings. Exposure to naturally occurring asbestos can occur during soil- disturbing activities in areas with deposits present. Hydrogen Sulfide Hydrogen sulfide is a flammable, colorless, poisonous gas that smells like rotten eggs. Manure, storage tanks, ponds, anaerobic lagoons, and land application sites are the primary sources of hydrogen sulfide. Anthropogenic sources include the combustion of sulfur containing fuels (oil and coal). High levels of hydrogen sulfide can cause immediate respiratory arrest. It can irritate the eyes and respiratory tract and cause headache, nausea, vomiting, and cough. Long exposure can cause pulmonary edema. Sulfates The sulfate ion is a polyatomic anion with the empirical formula SOమష ర Sulfates occur in combination with metal and/or hydrogen ions. Many sulfates are soluble in water. Sulfates are particulates formed through the photochemical oxidation of sulfur dioxide. In California, the main source of sulfur compounds is combustion of gasoline and diesel fuel. (a) Decrease in ventilatory function; (b) aggravation of asthmatic symptoms; (c) aggravation of cardio- pulmonary disease; (d) vegetation damage; (e) degradation of visibility; (f) property damage. Visibility- reducing Particles Suspended particulate matter is a mixture of small particles that consist of dry solid fragments, droplets of water, or solid cores with liquid coatings. The particles vary in shape, size, and composition. PM10 refers to particulate matter that is between 2.5 Stationary sources include fuel or wood combustion for electrical utilities, residential space heating, and industrial processes; construction and demolition; metals, minerals, and petrochemicals; wood products processing; mills and elevators used in agriculture; • Short-term exposure (hours/days): irritation of the eyes, nose, throat; coughing; phlegm; chest tightness; shortness of breath; aggravates existing lung disease, causing asthma attacks and acute bronchitis; those with heart City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-8 FirstCarbon Solutions Table 3.2-2 (cont.): Description of Toxic Air Contaminants of National and California Concern Toxic Air Contaminant Physical Description and Properties Sources Most Relevant Effects from Pollutant Exposure and 10 microns in diameter (1 micron is one-millionth of a meter). PM2.5 refers to particulate matter that is 2.5 microns or less in diameter, about one-thirtieth the size of the average human hair. erosion from tilled lands; waste disposal; and recycling. Mobile or transportation- related sources are from vehicle exhaust and road dust. Secondary particles form from reactions in the atmosphere. disease can suffer heart attacks and arrhythmias. • Long-term exposure: reduced lung function; chronic bronchitis; changes in lung morphology; death. Vinyl Chloride Vinyl chloride, or chloroethene, is a chlorinated hydrocarbon and a colorless gas with a mild, sweet odor. In 1990, the ARB identified vinyl chloride as a toxic air contaminant and estimated a cancer unit risk factor. Most vinyl chloride is used to make polyvinyl chloride plastic and vinyl products, including pipes, wire and cable coatings, and packaging materials. It can be formed when plastics containing these substances are left to decompose in solid waste landfills. Vinyl chloride has been detected near landfills, sewage plants, and hazardous waste sites. Short-term exposure to high levels of vinyl chloride in the air causes central nervous system effects, such as dizziness, drowsiness, and headaches. Epidemiological studies of occupationally exposed workers have linked vinyl chloride exposure to development of a rare cancer, liver angiosarcoma, and have suggested a relationship between exposure and lung and brain cancers. Lead Lead is a solid heavy metal that can exist in air pollution as an aerosol particle component. Leaded gasoline was used in motor vehicles until around 1970. Lead concentrations have not exceeded state or federal standards at any monitoring station since 1982. Lead ore crushing, lead-ore smelting, and battery manufacturing are currently the largest sources of lead in the atmosphere in the United States. Other sources include dust from soils contaminated with lead-based paint, solid waste disposal, and crustal physical weathering. Lead accumulates in bones, soft tissue, and blood and can affect the kidneys, liver, and nervous system. It can cause impairment of blood formation and nerve conduction, behavior disorders, mental retardation, neurological impairment, learning deficiencies, and low IQs. Source: South Coast Air Quality Management District (SCAQMD) 2007; California Environmental Protection Agency (Cal/EPA) 2002; California Air Resources Board (ARB) 2009; United States Environmental Protection Agency (EPA) 2003, 2009a, 2009b, 2010, 2011a, and 2012; National Toxicology Program 2011a and 2011b Air Quality Air quality is a function of both the rate and location of pollutant emissions under the influence of meteorological conditions and topographic features. Atmospheric conditions such as wind speed, wind direction, and air temperature inversions interact with the physical features of the landscape to determine the movement and dispersal of air pollutant emissions and, consequently, their effect on air quality. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-9 Regional Air Quality The Bay Area Air Quality Management District (BAAQMD) is the regional agency with jurisdiction for regulating air quality within the nine-county SFBAAB, which includes Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Santa Clara counties, the western portion of Solano County, and the southern portion of Sonoma County. Air Pollutant Standards and Attainment Designations Air pollutant standards have been identified by the EPA and the ARB for the following six criteria air pollutants that affect ambient air quality: ozone, NO2, CO, (SO2, lead, and particulate matter (PM), which is subdivided into two classes based on particle size: PM equal to or less than 10 microns in diameter (PM10), and PM equal to or less than 2.5 microns in diameter (PM2.5). These air pollutants are called “criteria air pollutants” because they are regulated by developing specific public health- and welfare-based criteria as the basis for setting permissible levels. California has also established standards for toxic air contaminants such as visibility-reducing particles, sulfates, hydrogen sulfide, and vinyl chloride. Table 3.2-3 presents the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) for these aforementioned air pollutants. Note that there are no State or federal air quality standards for VOCs, benzene, or DPM. Table 3.2-3: Federal and State Air Quality Standards Air Pollutant Averaging Time California Standard Federal Standarda Ozone 1 Hour 0.09 ppm — 8 Hour 0.070 ppm 0.070 ppmf Nitrogen dioxideb (NO2) 1 Hour 0.18 ppm 0.100 ppm Annual 0.030 ppm 0.053 ppm Carbon monoxide (CO) 1 Hour 20 ppm 35 ppm 8 Hour 9.0 ppm 9 ppm Sulfur dioxidec (SO2) 1 Hour 0.25 ppm 0.075 ppm 3 Hour — 0.5 ppm 24 Hour 0.04 ppm 0.14 (for certain areas) Annual — 0.030 ppm (for certain areas) Leade 30-day 1.5 µg/m3 — Quarter — 1.5 µg/m3 Rolling 3-month average — 0.15 µg/m3 Particulate matter (PM10) 24 hour 50 µg/m3 150 µg/m3 Mean 20 µg/m3 — Particulate matter (PM2.5) 24 Hour — 35 µg/m3 Annual 12 µg/m3 12.0 µg/m3 City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-10 FirstCarbon Solutions Table 3.2-3 (cont.): Federal and State Air Quality Standards Air Pollutant Averaging Time California Standard Federal Standarda Visibility-reducing particles 8 Hour See note belowd Sulfates 24 Hour 25 µg/m3 — Hydrogen sulfide 1 Hour 0.03 ppm — Vinyl chloridee 24 Hour 0.01 ppm — Notes: ppm = parts per million (concentration) µg/m3 = micrograms per cubic meter Annual = Annual Arithmetic Mean 30-day = 30-day average Quarter = Calendar quarter a Federal standard refers to the primary national ambient air quality standard, or the levels of air quality necessary, with an adequate margin of safety to protect the public health. All standards listed are primary standards except for 3-Hour SO2, which is a secondary standard. A secondary standard is the level of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant. b To attain the 1-hour nitrogen dioxide national standard, the 3-year average of the annual 98th percentile of the 1-hour daily maximum concentrations at each site must not exceed 100 parts per billion (0.100 ppm). c On June 2, 2010, a new 1-hour SO2 standard was established and the existing 24-hour and annual primary standards were revoked. To attain the 1-hour national standard, the 3-year average of the annual 99th percentile of the 1-hour daily maximum concentrations at each site must not exceed 75 part per billion (ppb). The 1971 SO2 national standards (24-hour and annual) remain in effect until one year after an area is designated for the 2010 standard, except that in areas designated nonattainment for the 1971 standards, the 1971 standards remain in effect until implementation plans to attain or maintain the 2010 standards are approved. d Visibility reducing particles: In 1989, the ARB converted both the general Statewide 10-mile visibility standard and the Lake Tahoe 30-mile visibility standard to instrumental equivalents, which are “extinction of 0.23 per kilometer” and “extinction of 0.07 per kilometer” for the Statewide and Lake Tahoe Air Basin standards, respectively. e The ARB has identified lead and vinyl chloride as “toxic air contaminants” with no threshold level of exposure for adverse health effects determined. These actions allow for the implementation of control measures at levels below the ambient concentrations specified for these pollutants. f The EPA Administrator approved a revised 8-hour ozone standard of 0.07 ppb on October 1, 2015. The new standard went into effect 60 days after publication of the Final Rule in the Federal Register. The Final Rule was published in the Federal Register on October 26, 2015 and became effective on December 28, 2015. Source of effects, properties, and sources: South Coast Air Quality Management District (SCAQMD) 2007a; California Environmental Protection Agency (Cal/EPA) 2002; California Air Resources Board (ARB) 2009; United States Environmental Protection Agency (EPA) 2003, 2009a, 2009b, 2010, 2011a, and 2012; National Toxicology Program 2011a and 2011b. Source of Standards: California Air Resources Board (ARB) 2013c. Ambient air pollutant concentrations in the SFBAAB are measured at air quality monitoring stations operated by the ARB and BAAQMD. In general, the SFBAAB experiences low concentrations of most pollutants compared to federal or State standards. Both the EPA and ARB use ambient air quality monitoring data to designate areas according to their attainment status for criteria air pollutants. The purpose of these designations is to identify the areas with air quality problems and initiate planning efforts for improvement. The three basic designation categories are nonattainment, attainment, and unclassified. “Attainment” status refers to those regions that are meeting federal and/or State standards for a specified criteria pollutant. “Nonattainment” refers to regions that do not meet federal and/or State standards for a specified criteria pollutant. “Unclassified” refers to regions where there is not enough data to determine the region’s attainment status for a specified criteria air pollutant. Each standard has a different definition, or “form” of what constitutes attainment, based on specific air quality statistics. For example, the federal 8-hour CO standard is not to be exceeded more than once per year; therefore, an area is in attainment of the CO standard if no more than one 8-hour ambient air monitoring City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-11 values exceeds the threshold per year. In contrast, the federal annual PM2.5 standard is met if the three-year average of the annual average PM2.5 concentration is less than or equal to the standard. The current attainment designations for the SFBAAB are shown in Table 3.2-4. The SFBAAB is designated as nonattainment for the State ozone, PM10, and PM2.5, standards, nonattainment for the national ozone and PM2.5 standards, and unclassified for the national PM10 standard. Table 3.2-4: San Francisco Bay Area Air Basin Attainment Status Pollutant State Status National Status Ozone Nonattainment Nonattainment CO Attainment Attainment NO2 Attainment Attainment SO2 Attainment Attainment PM10 Nonattainment Unclassified PM2.5 Nonattainment Nonattainment Sulfates Attainment N/A Hydrogen Sulfates Unclassified N/A Visibility-reducing Particles Unclassified N/A Lead N/A Attainment Source: Bay Area Air Quality Management District (BAAQMD). 2017. Air Quality Standards and Attainment Status. January. Website: http://www.baaqmd.gov/research-and-data/air-quality-standards-and-attainment-status. Accessed February 8, 2019. Air Quality Index The health impacts of the various air pollutants of concern can be presented in a number of ways. The clearest in comparison is to the State and federal ozone standards. If concentrations are below the standard, it is safe to say that no health impact would occur to anyone. When concentrations exceed the standard, impacts will vary based on the amount by which the standard is exceeded. The EPA developed the Air Quality Index (AQI) as an easy-to-understand measure of health impacts compared with concentrations in the air. Table 3.2-5 provides a description of the health impacts of ozone at different concentrations. Table 3.2-5: Air Quality Index and Health Effects from Ozone Air Quality Index/ 8-hour Ozone Concentration Health Effects Description AQI—51–100—Moderate Sensitive Groups: Children and people with asthma are the groups most at risk. Concentration 55–70 ppb Health Effects Statements: Unusually sensitive individuals may experience respiratory symptoms. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-12 FirstCarbon Solutions Table 3.2-5 (cont.): Air Quality Index and Health Effects from Ozone Air Quality Index/ 8-hour Ozone Concentration Health Effects Description Cautionary Statements: Unusually sensitive people should consider limiting prolonged outdoor exertion. AQI—101–150—Unhealthy for Sensitive Groups Sensitive Groups: Children and people with asthma are the groups most at risk. Concentration 86–105 ppb Health Effects Statements: Increasing likelihood of respiratory symptoms and breathing discomfort in active children and adults and people with respiratory disease, such as asthma. Cautionary Statements: Active children and adults, and people with respiratory disease, such as asthma, should limit prolonged outdoor exertion. AQI—151–200—Unhealthy Sensitive Groups: Children and people with asthma are the groups most at risk. Concentration 86–105 ppb Health Effects Statements: Greater likelihood of respiratory symptoms and breathing difficulty in active children and adults and people with respiratory disease, such as asthma; possible respiratory effects in general population. Cautionary Statements: Active children and adults, and people with respiratory disease, such as asthma, should avoid prolonged outdoor exertion; everyone else, especially children, should limit prolonged outdoor exertion. AQI—201–300—Very Unhealthy Sensitive Groups: Children and people with asthma are the groups most at risk. Concentration 106–200 ppb Health Effects Statements: Increasingly severe symptoms and impaired breathing likely in active children and adults and people with respiratory disease, such as asthma; increasing likelihood of respiratory effects in general population. Cautionary Statements: Active children and adults, and people with respiratory disease, such as asthma, should avoid all outdoor exertion; everyone else, especially children, should limit outdoor exertion. Source: Air Now. 2015. AQI Calculator: AQI to Concentration. Website: http://www.airnow.gov/index.cfm?action=re sources.aqi_conc_calc. Accessed September 2, 2017. Local Air Quality Air quality is a function of both the rate and location of pollutant emissions under the influence of meteorological conditions and topographic features. Atmospheric conditions such as wind speed, wind direction, and air temperature inversions interact with the physical features of the landscape to determine the movement and dispersal of air pollutant emissions and, consequently, their effect on air quality. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-13 The local air quality can be evaluated by reviewing relevant air pollution concentrations near the plan area. Table 3.2-6 summarizes 2015 through 2017 published monitoring data, which is the most recent three-year period available. The table displays data from the Concord monitoring station, which is located approximately 2.10 miles east of the plan area. The data shows that during the past few years, the plan area and the surrounding area has exceeded the standards for ozone (State) and PM2.5 (national). The data in the table reflects the concentration of the pollutants in the air, measured using air monitoring equipment. This differs from emissions, which are calculations of a pollutant being emitted over a certain period. Note that no recent monitoring data for Contra Costa County or the SFBAAB is available for CO or SO2. Generally, air monitoring is not conducted for pollutants that are no longer likely to exceed ambient air quality standards. Table 3.2-6: Air Quality Monitoring Summary Air Pollutant Averaging Time Item 2015 2016 2017 Ozone1 1 Hour Max 1 Hour (ppm) 0.088 0.095 0.082 Days > State Standard (0.09 ppm) 0 1 0 8 Hour Max 8 Hour (ppm) 0.074 0.075 0.070 Days > State Standard (0.07 ppm) 4 2 0 Days > National Standard (0.075 ppm) 0 0 0 Carbon monoxide (CO)2 8 Hour Max 8 Hour (ppm) ID ID ID Days > State Standard (9.0 ppm) ID ID ID Days > National Standard (9 ppm) ID ID ID Nitrogen dioxide (NO2)1 Annual Annual Average (ppm) 7 6 6 1 Hour Max 1 Hour (ppm) 0.033 0.033 0.040 Days > State Standard (0.18 ppm) 0 0 0 Sulfur dioxide (SO2) Annual Annual Average (ppm) ID ID ID 24 Hour Max 24 Hour (ppm) ID ID ID Days > State Standard (0.04 ppm) ID ID ID Inhalable coarse particles (PM10)1 Annual Annual Average (µg/m3) 13.1 11.5 6.5 24 hour 24 Hour (µg/m3) 24.0 19.0 41.0 Days > State Standard (50 µg/m3) 0 0 ID Days > National Standard (150 µg/m3) 0 0 ID Fine particulate matter (PM2.5)1 Annual Annual Average (µg/m3) 8.8 6.0 12.0 24 Hour 24 Hour (µg/m3) 31.0 20.7 89.4 Days > National Standard (35 µg/m3) 0 0 6 City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-14 FirstCarbon Solutions Table 3.2-6 (cont.): Air Quality Monitoring Summary Air Pollutant Averaging Time Item 2015 2016 2017 Notes: > = exceed ppm = parts per million µg/m3 = micrograms per cubic meter ID = insufficient data ND = no data max = maximum Bold = exceedance State Standard = California Ambient Air Quality Standard National Standard = National Ambient Air Quality Standard 1 Concord Station Source: California Air Resources Board (ARB) 2014: Concord Station. Website: https://www.arb.ca.gov/adam/trends/trends1.php. Accessed July 9, 2018. Based on the AQI scale for the 8-hour ozone standard (Table 3.2-5), the plan area and the surrounding area experienced no days in the most recent 3-year reporting period that would be categorized as very unhealthy (AQI 201-250) or unhealthy (AQI 151-200). The highest reading was 75 ppb in 2015, which would fall in the range for unhealthy for sensitive groups (AQI 51-100). Air Pollution Sensitive Receptors Air pollution does not affect every individual in the population in the same way, and some groups are more sensitive to adverse health effects related to air pollutants exposure than others. Land uses such as residences, schools, day care centers, hospitals, nursing and convalescent homes, and parks are considered to be the most sensitive to poor air quality, because the population groups associated with these uses have increased susceptibility to respiratory distress or, as in the case of residential receptors, their exposure time is greater than that for other land uses. Therefore, these groups are referred to as sensitive receptors. Exposure assessment guidance typically assumes that residences would be exposed to air pollution 24 hours per day, 350 days per year, for 70 years. The BAAQMD defines sensitive receptors as children, adults, and seniors occupying or residing in residential dwellings, schools, day care centers, hospitals, and senior-care facilities. Plan Area Vicinity Air pollution sensitive receptors in the vicinity of the plan area include single-family residential buildings located immediately south and east of the plan area and a school and public park located immediately north of the plan area. The adjacent neighborhoods to the south and east predominately contain low-density residential uses with the closest residence to the south located 40 feet from the plan area and the closest residence to the east located approximately 160 feet from the plan area. A mix of commercial and office uses are located immediately west of the plan area, but these uses are not considered air pollution sensitive receptors. A middle school and public park are located approximately 60 feet north and 80 feet north of the plan area, respectively. Plan Area Civic Project and Residential Project There are currently no air pollution sensitive receptors located within the plan area. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-15 Existing Air Pollutant Emissions Plan Area Vicinity Mobile Emissions The primary sources of air pollutants (both criteria air pollutant and TACs) in the vicinity of the plan area are the building-related energy use and motor-related vehicle trips associated with the local residential, commercial, school, and recreational uses. Other sources of emissions include space and water heating, landscape maintenance, and consumer products from nearby residential and commercial use. Stationary Emissions In addition, there is one permitted stationary source located within 1,000 feet of the plan area. The BAAQMD identifies the locations of all stationary sources within the Bay Area that have BAAQMD permits. For each emissions source, the BAAQMD provides conservative cancer risk and PM2.5 concentration increase values. As shown in Table 3.2-7, there is one existing air pollutant emissions stationary source identified by this screening tool that is located within approximately 1,000 feet of the plan area. Table 3.2-7: Existing Air Pollutant Emissions Stationary Source(s) in Vicinity of the Plan Area Plant No. Type Address Distance from Plan Area G11826 Gasoline Dispensing Facility 1616 Oak Park Boulevard, Pleasant Hill Approximately 900 feet southeast from the plan area Source: BAAQMD 2010. Plan Area The plan area is occupied by two existing buildings, both of which are located on the property known as 1750 Oak Park Boulevard (on the west side of Monticello Avenue). The existing buildings include the 37,364-square-foot Pleasant Hill Library and vacant municipal administrative offices totaling 42,083 square feet. Since the administration buildings are vacant, it was assumed that existing operations would only include the 37,364-square-foot library. The weekday and Saturday trip generation rates for existing operations were obtained from the transportation impact assessment (included in Appendix J).3 As Sunday trips were not explicitly stated in the transportation impact assessment, Saturday trip generation rates are applied to both Saturday and Sunday trips. The existing library is estimated to generate 1,500 average daily trips Monday through Friday and 1,270 average daily trips on Saturday. Emissions associated with operation of the existing library on the plan area are shown by source in Table 3.2-8. 3 Fehr & Peers. 2019. Final Transportation Impact Assessment, prepared for the City of Pleasant Hill. January. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-16 FirstCarbon Solutions Table 3.2-8: Existing Air Pollutant Emissions at the Plan Area Emission Source Annual Emissions (tons/year) ROG NOX PM10 PM2.5 2018 Operational Year Area 0.17 0.00 0.00 0.00 Energy 0.00 0.05 0.00 0.00 Mobile 0.46 1.82 0.92 0.26 Total 2018 Existing Operations 0.63 1.87 0.93 0.26 2021 Operational Year Area 0.17 0.00 0.00 0.00 Energy 0.00 0.05 0.00 0.00 Mobile 0.35 1.49 0.92 0.01 Total 2021 Existing Operations 0.52 1.53 0.92 0.01 Notes: ROG = reactive organic gases NOX = oxides of nitrogen PM10 = particulate matter 10 microns in diameter PM2.5 = particulate matter 2.5 microns in diameter Source of emissions: CalEEMod Output (Appendix C). 3.2.3 - Regulatory Framework Federal Clean Air Act Congress established much of the basic structure of the Clean Air Act (CAA) in 1970, and made major revisions in 1977 and 1990. Six common air pollutants (also known as criteria pollutants) are addressed in the CAA. These are particulate matter, ground-level ozone, CO, sulfur oxides, nitrogen oxides, and lead. The EPA calls these pollutants criteria air pollutants, because it regulates them by developing human health-based and/or environmentally based criteria (science-based guidelines) for setting permissible levels. The set of limits based on human health are called primary standards. Another set of limits intended to prevent environmental and property damage are called secondary standards.4 The federal standards are called NAAQS. The air quality standards provide benchmarks for determining whether air quality is healthy at specific locations and whether development activities will cause or contribute to a violation of the standards. The federal standards were set to protect public health, including that of sensitive individuals; thus, the EPA is tasked with updating the standards as more medical research is available regarding the 4 United States Environmental Protection Agency (EPA). 2014. Clean Air Act Requirements and History. Website: https://www.epa.gov/clean-air-act-overview/clean-air-act-requirements-and-history. Accessed April 25, 2016. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-17 health effects of the criteria pollutants. Primary federal standards are the levels of air quality necessary, with an adequate margin of safety, to protect the public health. The Clean Air Act also requires each state to prepare an air quality control plan referred to as a State Implementation Plan (SIP). The federal Clean Air Act Amendments of 1990 added requirements for states with nonattainment areas to revise their SIPs to incorporate additional control measures to reduce air pollution. The SIP is periodically modified to reflect the latest emissions inventories, planning documents, and rules and regulations of the air basins, as reported by their jurisdictional agencies. EPA Emission Standards for New Off-road Equipment Before 1994, there were no standards to limit the amount of emissions from off-road equipment. In 1994, the EPA established emission standards for hydrocarbons, NOX, CO, and PM to regulate new pieces of off-road equipment. These emission standards came to be known as Tier 1. Since that time, increasingly more stringent Tier 2, Tier 3, and Tier 4 (interim and final) standards were adopted by the EPA, as well as by the ARB. Each adopted emission standard was phased in over time. New engines built in and after 2015 across all horsepower sizes must meet Tier 4 final emission standards. In other words, new manufactured engines cannot exceed the emissions established for Tier 4 final emissions standards. State California Air Quality Control Plan (State Implementation Plan) An SIP is a document prepared by each state describing existing air quality conditions and measures that will be followed to attain and maintain federal standards. The SIP for California is administered by the ARB, which has overall responsibility for Statewide air quality maintenance and air pollution prevention. California’s SIP incorporates individual federal attainment plans for regional air districts—an air district prepares their federal attainment plan, which is sent to the ARB to be approved and incorporated into the California SIP. Federal attainment plans include the technical foundation for understanding air quality (e.g., emission inventories and air quality monitoring), control measures and strategies, and enforcement mechanisms. Areas designated nonattainment must develop air quality plans and regulations to achieve standards by specified dates, depending on the severity of the exceedances. For much of the country, implementation of federal motor vehicle standards and compliance with federal permitting requirements for industrial sources are adequate to attain air quality standards on schedule. For many areas of California, however, additional State and local regulation is required to achieve the standards. California Clean Air Act The California Legislature enacted the California Clean Air Act (CCAA) in 1988 to address air quality issues of concern not adequately addressed by the federal CAA at the time. California’s air quality problems were and continue to be some of the most severe in the nation, and required additional actions beyond the federal mandates. The ARB administers the CAAQS for the 10 air pollutants designated in the CCAA. The 10 State air pollutants are the six federal standards listed above as well visibility-reducing particulates, hydrogen sulfide, sulfates, and vinyl chloride. The EPA authorized California to adopt its own regulations for motor vehicles and other sources that are more stringent City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-18 FirstCarbon Solutions than similar federal regulations implementing the CAA. Generally, the planning requirements of the CCAA are less stringent than the federal CAA; therefore, consistency with the CAA will also demonstrate consistency with the CCAA. Other ARB responsibilities include but are not limited to overseeing local air district compliance with California and federal laws; approving local air quality plans; submitting SIPs to the EPA; monitoring air quality; determining and updating area designations and maps; and setting emissions standards for new mobile sources, consumer products, small utility engines, off-road vehicles, and fuels. California Health and Safety Code Section 39655 and California Code of Regulations Title 17 Section 93000 (Substances Identified as Toxic Air Contaminants) The ARB identifies substances as TACs as defined in Health and Safety Code Section 39655 and listed in Title 17, Section 93000 of the California Code of Regulations, “Substances Identified As Toxic Air Contaminants.” A TAC is defined as an air pollutant that may cause or contribute to an increase in mortality or serious illness, or that may pose a hazard to human health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or health risk may pose a threat to public health even at low concentrations. In general, for those TACs that may cause cancer, there are thresholds set by regulatory agencies below which adverse health impacts are not expected to occur. This contrasts with the criteria pollutants for which acceptable levels of exposure can be determined and for which the state and federal governments have set ambient air quality standards. According to the California Almanac of Emissions and Air Quality, the majority of the estimated health risk from TACs for the State of California can be attributed to relatively few compounds, the most important of which is DPM from diesel-fueled engines. California Low-emission Vehicle Program The ARB first adopted Low-Emission Vehicle (LEV) program standards in 1990. These first LEV standards ran from 1994 through 2003. LEV II regulations, running from 2004 through 2010, represent continuing progress in emission reductions. As the State’s passenger vehicle fleet continues to grow and more sport utility vehicles and pickup trucks are used as passenger cars rather than work vehicles, the more stringent LEV II standards were adopted to provide reductions necessary for California to meet federally mandated clean air goals outlined in the 1994 State Implementation Plan. In 2012, the ARB adopted the LEV III amendments to California’s LEV regulations. These amendments, also known as the Advanced Clean Car Program, include more stringent emission standards for model years 2017 through 2025 for both criteria pollutants and greenhouse gas (GHG) emissions for new passenger vehicles.5 California On-Road Heavy-duty Vehicle Program The ARB has adopted standards for emissions from various types of new on-road heavy-duty vehicles. Section 1956.8, Title 13, California Code of Regulations contains California’s emission standards for on-road heavy-duty engines and vehicles, and test procedures. The ARB has also adopted programs to reduce emissions from in-use heavy-duty vehicles including the Heavy-Duty 5 California Air Resources Board (ARB). 2013. Clean Car Standards—Pavley, Assembly Bill 1493. Website: http://www.arb.ca.gov/cc/ccms/ccms.htm. Accessed February 14, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-19 Diesel Vehicle Idling Reduction Program, the Heavy-Duty Diesel In-Use Compliance Program, the Public Bus Fleet Rule and Engine Standards, and the School Bus Program and others.6 California In-use Off-road Diesel Vehicle Regulation On July 26, 2007, the ARB adopted a regulation to reduce DPM and NOX emissions from in-use (existing) off-road heavy-duty diesel vehicles in California. Such vehicles are used in construction, mining, and industrial operations. The regulation limits idling to no more than five consecutive minutes, requires reporting and labeling, and requires disclosure of the regulation upon vehicle sale. The ARB is enforcing that part of the rule with fines up to $10,000 per day for each vehicle in violation. Performance requirements of the rule are based on a fleet’s average NOX emissions, which can be met by replacing older vehicles with newer, cleaner vehicles or by applying exhaust retrofits. The regulation was amended in 2010 to delay the original timeline of the performance requirements, making the first compliance deadline January 1, 2014, for large fleets (over 5,000 horsepower), 2017 for medium fleets (2,501-5,000 horsepower), and 2019 for small fleets (2,500 horsepower or less). The latest amendments to the Truck and Bus regulation became effective on December 31, 2014. The amended regulation requires diesel trucks and buses that operate in California to be upgraded to reduce emissions. Newer heavier trucks and buses must meet PM filter requirements beginning January 1, 2012. Lighter and older heavier trucks must be replaced starting January 1, 2015. By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent. The regulation applies to nearly all privately and federally owned diesel fueled trucks and buses and to privately and publicly owned school buses with a gross vehicle weight rating (GVWR) greater than 14,000 pounds. The regulation provides a variety of flexibility options tailored to fleets operating low use vehicles, fleets operating in selected vocations like agricultural and construction, and small fleets of three or fewer trucks).7 California Airborne Toxics Control Measure for Asbestos The ARB has adopted Airborne Toxics Control Measures for sources that emit a particular TAC. If there is a safe threshold for a substance at which there is no toxic effect, the control measure must reduce exposure below that threshold. If there is no safe threshold, the measure must incorporate Best Available Control Technology to minimize emissions. In July 2001, the ARB approved an Air Toxic Control Measure for construction, grading, quarrying and surface mining operations to minimize emissions of naturally occurring asbestos. The regulation requires application of best management practices (BMPs) to control fugitive dust in areas known to have naturally occurring asbestos and requires notification to the local air district prior to commencement of ground-disturbing activities. The measure establishes specific testing, notification and engineering controls prior to grading, quarrying, or surface mining in construction zones where naturally occurring asbestos is located on projects of any size. There are additional notification and 6 California Air Resources Board (ARB). 2013. The California Almanac of Air Quality and Emissions—2013 Edition. Website: http://www.arb.ca.gov/aqd/almanac/almanac13/almanac13.htm. Accessed February 14, 2017. 7 California Air Resources Board (ARB). 2015. On-Road Heavy-Duty Diesel Vehicles (In-Use) Regulation. Website: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm. Accessed September 22, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-20 FirstCarbon Solutions engineering controls at work sites larger than one acre in size. These projects require the submittal of a “Dust Mitigation Plan” and approval by the air district prior to the start of a project. Construction sometimes requires the demolition of existing buildings where construction occurs. Buildings often include materials containing asbestos, and the Residential Project involves the demolition of existing buildings (the existing library and the existing vacant administrative offices) totaling approximately 79,447 square feet.8 Asbestos is also found in a natural state, known as naturally occurring asbestos. Exposure and disturbance of rock and soil that naturally contain asbestos can result in the release of fibers into the air and consequent exposure to the public. Asbestos most commonly occurs in ultramafic rock that has undergone partial or complete alteration to serpentine rock (serpentinite) and often contains chrysotile asbestos. In addition, another form of asbestos, tremolite, can be found associated with ultramafic rock, particularly near faults. Sources of asbestos emissions include unpaved roads or driveways surfaced with ultramafic rock, construction activities in ultramafic rock deposits, or rock quarrying activities where ultramafic rock is present. The ARB has an Air Toxics Control Measure for construction, grading, quarrying, and surface mining operations, requiring the implementation of mitigation measures to minimize emissions of asbestos- laden dust. The measure applies to road construction and maintenance, construction and grading operations, and quarries and surface mines when the activity occurs in an area where naturally occurring asbestos is likely to be found. Areas are subject to the regulation if they are identified on maps published by the Department of Conservation as ultramafic rock units or if the Air Pollution Control Officer or owner/operator has knowledge of the presence of ultramafic rock, serpentine, or naturally occurring asbestos on the site. The measure also applies if ultramafic rock, serpentine, or asbestos is discovered during any operation or activity. Review of the Department of Conservation maps indicates that no ultramafic rock has been found near the City of Pleasant Hill. Verified Diesel Emission Control Strategies The EPA and ARB tiered off-road emission standards only apply to new engines and off-road equipment can last several years. The ARB has developed Verified Diesel Emission Control Strategies (VDECS), which are devices, systems, or strategies used to achieve the highest level of pollution control from existing off-road vehicles, to help reduce emissions from existing engines. VDECS are designed primarily for the reduction of diesel PM emissions and have been verified by the ARB. There are three levels of VDECS, the most effective of which is the Level 3 VDECS. Tier 4 engines are not required to install VDECS because they already meet the emissions standards for lower tiered equipment with installed controls. California Diesel Risk Reduction Plan The ARB Diesel Risk Reduction Plan has led to the adoption of new state regulatory standards for all new on-road, off-road, and stationary diesel-fueled engines and vehicles to reduce DPM emissions by about 90 percent overall from year 2000 levels. The projected emission benefits associated with 8 For purposes of estimating emissions, it was assumed that buildings totaling 79,457 square feet would be demolished. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-21 the full implementation of this plan, including federal measures, are reductions in DPM emissions and associated cancer risks of 75 percent by 2010, and 85 percent by 2020.9 Tanner Air Toxics Act and Air Toxics Hot Spots Information and Assessment Act TACs in California are primarily regulated through the Tanner Air Toxics Act (Assembly Bill [AB] 1807) and the Air Toxics Hot Spots Information and Assessment Act of 1987 (AB 2588), also known as the Hot Spots Act. To date, ARB has identified more than 21 TACs, and has adopted EPA list of HAPs as TACs. Carl Moyer Memorial Air Quality Standards Attainment Program The Carl Moyer Memorial Air Quality Standards Attainment Program (Carl Moyer Program), a partnership between the ARB and local air districts, issues grants to replace or retrofit older engines and equipment with engines and equipment that exceed current regulatory requirements to reduce air pollution. Money collected through the Carl Moyer Program complements California’s regulatory program by providing incentives to effect early or extra emission reductions, especially from emission sources in environmental justice communities and areas disproportionately affected by air pollution. The program has established guidelines and criteria for the funding of emissions reduction projects. Within the SFBAAB, the BAAQMD administers the Carl Moyer Program. The program establishes cost- effectiveness criteria for funding emission reductions projects, which under the final 2017 Carl Moyer Program Guidelines are $30,000 per weighted ton of NOX, ROG, and PM.10 Regional BAAQMD CEQA Air Quality Guidelines The BAAQMD is the primary agency responsible for ensuring that air quality standards (NAAQS and CAAQS) are attained and maintained in the SFBAAB through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues. The BAAQMD prepares plans to attain ambient air quality standards in the SFBAAB. The BAAQMD prepares ozone attainment plans for the national ozone standard, Clean Air Plans) for the California standard, and PM plans to fulfill federal air quality planning requirements. Additionally, the BAAQMD inspects stationary sources of air pollution; responds to citizen complaints; monitors ambient air quality and meteorological conditions; and implements programs and regulations required by the Clean Air Act, the Clean Air Act Amendments of 1990, and the California Clean Air Act. The BAAQMD developed quantitative thresholds of significance for its California Environmental Quality Act (CEQA) Guidelines in 2010, which were also included in its updated 2011 Guidelines (BAAQMD 2010; BAAQMD 2011). The BAAQMD adoption of the 2010 thresholds of significance was later challenged in court. In an opinion issued on December 17, 2015, related to the BAAQMD CEQA Guidelines, the California Supreme Court held that CEQA does not generally require an analysis of the impacts of locating development in areas subject to environmental hazards unless the project would exacerbate existing environmental hazards. The Supreme Court also found that CEQA requires the analysis of exposing people to environmental hazards in specific circumstances, including the location of development near airports, schools near sources of toxic contamination, 9 California Air Resources Board (ARB). 2000. Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-fueled Engines and Vehicles. Website: http://www.arb.ca.gov/diesel/documents/rrpfinal.pdf. Accessed September 22, 2017. 10 California Air Resources Board (ARB). 2017. 2017 Carl Moyer Program Guidelines. Website: https://www.arb.ca.gov/msprog/moyer/guidelines/current.htm. Accessed June 2, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-22 FirstCarbon Solutions and certain exemptions for infill and workforce housing. The Supreme Court also held that public agencies remain free to voluntarily conduct this analysis not required by CEQA for their own public projects (CBIA v. BAAQMD [2016] 2 Cal.App.5th 1067, 1083). In view of the Supreme Court’s opinion, the BAAQMD published a new version of its CEQA Guidelines in May 2017. The BAAQMD CEQA Guidelines state that local agencies may rely on thresholds designed to reflect the impact of locating development near areas of toxic air contamination where such an analysis is required by CEQA or where the agency has determined that such an analysis would assist in making a decision about the project. However, the thresholds are not mandatory and agencies should apply them only after determining that they reflect an appropriate measure of a project’s impacts. The BAAQMD’s guidelines for implementation of the thresholds are for informational purposes only, to assist local agencies. BAAQMD Particulate Matter Plan To fulfill federal air quality planning requirements, the BAAQMD adopted a PM2.5 emissions inventory for year 2010 at a public hearing on November 7, 2012. The Bay Area Clean Air Plan also included several measures for reducing PM emissions from stationary sources and wood burning. On January 9, 2013, the EPA issued a final rule determining that the Bay Area has attained the 24-hour PM2.5 NAAQS, suspending federal SIP planning requirements for the SFBAAB.11 Despite this EPA action, the SFBAAB will continue to be designated as nonattainment for the national 24-hour PM2.5 standard until the BAAQMD submits a redesignation request and a maintenance plan to the EPA, and the EPA approves the proposed redesignation. The SFBAAB is in nonattainment for the federal PM10 and federal PM2.5 standards. The EPA lowered the 24-hour PM2.5 standard from 65 micrograms per cubic meter (µg/m3) to 35 µg/m3 in 2006, and designated the Air Basin as nonattainment for the new PM2.5 standard effective December 14, 2009. On December 8, 2011, the ARB submitted a “clean data finding” request to the EPA on behalf of the Bay Area. If the clean data finding request is approved, then EPA guidelines provide that the region can fulfill federal PM2.5 SIP requirements by preparing either a redesignation request and a PM2.5 maintenance plan, or a “clean data” SIP submittal. Because peak PM2.5 levels can vary from year to year based on natural, short-term changes in weather conditions, the BAAQMD believes that it would be premature to submit a redesignation request and PM2.5 maintenance plan at this time. Therefore, the BAAQMD will prepare a “clean data” SIP to address the required elements, including: • An emission inventory for primary PM2.5, as well as precursors to secondary PM formation • Amendments to the BAAQMD’s New Source Review regulation to address PM2.5 BAAQMD 2017 Clean Air Plan The BAAQMD adopted the Bay Area Clean Air Plan: Spare the Air, Cool the Climate (Bay Area Clean Air Plan) on April 19, 2017, to provide a regional strategy to improve Bay Area air quality and meet public 11 United States Environmental Protection Agency (EPA). 2013. Federal Register. Determination of Attainment for the San Francisco Bay Area Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements. Website: https://www.federalregister.gov/documents/2013/01/09/2013-00170/determination-of-attainment-for- the-san-francisco-bay-area-nonattainment-area-for-the-2006-fine. Accessed June 5, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-23 health goals.12 The control strategy described in the Bay Area Clean Air Plan includes a wide range of control measures designed to reduce emissions and lower ambient concentrations of harmful pollutants, safeguard public health by reducing exposure to air pollutants that pose the greatest health risk, and reduce GHG emissions to protect the climate. The Bay Area Clean Air Plan addresses four categories of pollutants: ground-level ozone and its key precursors, ROG and NOX; PM, primarily PM2.5, and precursors to secondary PM2.5; air toxics; and GHGs. The control measures are categorized based on the economic sector framework including stationary sources, transportation, energy, buildings, agriculture, natural and working lands, waste management, and water measures.13 BAAQMD Regulations Regulation 2, Rule 5 (New Source Review Permitting) The BAAQMD regulates backup emergency generators, fire pumps, and other sources of TACs through its New Source Review (Regulation 2, Rule 5) permitting process.14 Although emergency generators are intended to be used only during periods of power outages, monthly testing of each generator is required; however, the BAAQMD limits testing to no more than 50 hours per year. Each emergency generator installed is assumed to meet a minimum of Tier 2 emission standards (before control measures). As part of the permitting process, the BAAQMD limits the excess cancer risk from any facility to no more than 10 per 1-million-population for any permits that are applied for within a 2-year period and would require any source that would result in an excess cancer risk greater than 1 per 1 million to install Best Available Control Technology for Toxics. Regulation 8, Rule 3 (Architectural Coatings) This rule governs the manufacture, distribution, and sale of architectural coatings and limits the reactive organic gases content in paints and paint solvents. Although this rule does not directly apply to the proposed plan, it does dictate the ROG content of paint available for use during the construction. Regulation 8, Rule 15 (Emulsified and Liquid Asphalts) Although this rule does not directly apply to the proposed plan, it does dictate the reactive organic gases content of asphalt available for use during the construction through regulating the sale and use of asphalt and limits the ROG content in asphalt. Regulation 1, Rule 301 (Odorous Emissions) The BAAQMD is responsible for investigating and controlling odor complaints in the Bay Area. The agency enforces odor control by helping the public to document a public nuisance. Upon receipt of a complaint, the BAAQMD sends an investigator to interview the complainant and to locate the odor source if possible. The BAAQMD typically brings a public nuisance court action when there are a substantial number of confirmed odor events within a 24-hour period. An odor source with five or 12 Bay Area Air Quality Management District (BAAQMD). 2017. Final 2017 Clean Air Plan. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap-vol-1- pdf.pdf?la=en. Accessed April 24, 2018. 13 Ibid. 14 Bay Area Air Quality Management District (BAAQMD). 2016. NSR [New Source Review Permitting]. Website: http://www.baaqmd.gov/permits/permitting-manuals/nsr-permitting-guidance. Accessed March 4, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-24 FirstCarbon Solutions more confirmed complaints per year averaged over 3 years is considered to have a substantial effect on receptors. Several BAAQMD regulations and rules apply to odorous emissions. Regulation 1, Rule 301 is the nuisance provision that states that sources cannot emit air contaminants that cause nuisance to a number of persons. Regulation 7 specifies limits for the discharge of odorous substances where the BAAQMD receives complaints from 10 or more complainants within a 90-day period. Among other things, Regulation 7 precludes discharge of an odorous substance that causes the ambient air at or beyond the property line to be odorous after dilution with 4 parts of odor-free air, and specifies maximum limits on the emission of certain odorous compounds. Association of Bay Area Governments and Metropolitan Transportation Commission Plan Bay Area On July 18, 2013, the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG) approved the Plan Bay Area. The Plan Bay Area includes integrated land use and transportation strategies for the region and was developed through OneBayArea, a joint initiative between ABAG, BAAQMD, MTC, and the San Francisco Bay Conservation and Development Commission. The Plan’s transportation policies focus on maintaining the extensive existing transportation network and utilizing these systems more efficiently to handle density in Bay Area transportation cores.15 Assumptions for land use development used are taken from local and regional planning documents. Emission forecasts in the Bay Area Clean Air Plan rely on projections of vehicle miles traveled, population, employment, and land use projections made by local jurisdictions during development of Plan Bay Area. The Plan Bay Area 2040 was adopted July 2017 and updates Plan Bay Area. Plan Bay Area 2040, published by the MTC and ABAG, is a long-range integrated transportation and land use/housing strategy through 2040 for the Bay Area. Plan Bay Area 2040 functions as the sustainable communities’ strategy mandated by Senate Bill (SB) 375. As a regional land use plan, Plan Bay Area 2040 aims to reduce per-capita GHG emissions through the promotion of more compact, mixed-use residential and commercial neighborhoods located near transit. Plan Bay Area 2040 is a limited and focused update that builds upon a growth pattern and strategies developed in the original Plan Bay Area (adopted by the MTC in 2013) but with updated planning assumptions that incorporate key economic, demographic, and financial trends from the last four years. Local Pleasant Hill 2003 General Plan The Pleasant Hill 2003 General Plan16 establishes the following goals and policies that are relevant to both air quality and the proposed plan: Community Development Element • Policy 23A: Give priority to development that incorporates energy-efficient and resource conserving design and construction. 15 Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC). 2013. Plan Bay Area. Website: https://www.planbayarea.org/previous-plan. 16 Pleasant Hill 2003 General Plan. 2003. Current Pleasant Hill General Plan [updated elements]. Website: https://www.ci.pleasant- hill.ca.us/132/Current-General-Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-25 • Policy 23B: Support and expand recycling programs for residential, commercial and industrial uses, with the goal of attaining the mandated 50 percent diversion rate. Circulation Element17 • Goal 6. Reduce congestion and vehicle trips through non-automobile transportation and public transit. • Policy 6A. Encourage use of bus and rail service for local and regional travel. • Policy 6B. Encourage use of carpooling and ridesharing for local and regional travel. • Program 6.2. Improve accessibility to transit. • Program 6.10. Work with employers, schools, and developers to encourage ridesharing and transit use. • Program 6.11. Work with employers, schools, and developers to encourage innovative transportation measures. • Program 6.12. Encourage development of infrastructure (public and private) to support the use of electric and other alternative fuel vehicles. Growth Management Element18 • Program 3.5: Promote the use of carpools and vanpools by supporting and advertising services and programs implemented by 511ContraCosta.org, which operates transportation demand management programs and services in the City. • Program 3.6: Work with 511ContraCosta.org to encourage transportation demand management programs in new development and businesses. Safety and Noise Element • Policy 8A: Promote measures that improve air quality and help meet air quality attainment standards. • Policy 8B: Minimize the air quality impacts of vehicle emissions, and promote the use of clean alternative fuels. • Policy 8C: Encourage use of electric (rather than gasoline-powered) equipment and natural gas appliances, including outdoor grills. Housing Element • Policy 2D: Encourage mixed-use development at underutilized sites, where appropriate. • Policy 5C: Ensure that new residential development is compatible with surrounding neighborhoods. • Policy 5E: Provide public services and improvements that keep neighborhoods safe and livable. • Policy 8A: Encourage energy conservation practices for new and existing residential dwellings. • Policy 8B: Encourage the use of green building and sustainable practices for new and renovation projects throughout the City. 17 City of Pleasant Hill. 2015. Pleasant Hill 2003 General Plan—Circulation Element (Updated April 2015). Website: https://www.ci.pleasant-hill.ca.us/132/Current-General-Plan. Accessed March 6, 2019. 18 City of Pleasant Hill. 2013. Pleasant Hill 2003 General Plan—Growth Management Element (Updated April 2013). Website: https://www.ci.pleasant-hill.ca.us/132/Current-General-Plan. Accessed April 11, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-26 FirstCarbon Solutions 3.2.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 CEQA Guidelines Appendix G, to determine whether impacts related to air quality are significant environmental effects, the following questions are analyzed and evaluated. Would the implementation of the proposed plan: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people? Approach to Analysis Emission factors represent the emission rate of a pollutant over a given time or activity; for example, grams of NOX per vehicle mile traveled (VMT) or grams of NOX per horsepower hour of equipment operation. The ARB has published emission factors for on-road mobile vehicles/trucks in the Emission Factor (EMFAC) mobile source emissions model and emission factors for off-road equipment and vehicles in the OFFROAD emissions model. Activity levels are a measure of how active a piece of equipment is and can be represented as the amount of material processed, elapsed time that a piece of equipment is in operation, horsepower of a piece of equipment used, or VMT per day. An air emissions model (or calculator) combines the emission factors and the various levels of activity and outputs the emissions for the various pieces of equipment. The California Emissions Estimator Model (CalEEMod) version 2016.3.2 was developed in collaboration with the SCAQMD and other air districts throughout the State. CalEEMod is designed as a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant emissions associated with construction and operation from a variety of land uses. The modeling follows the BAAQMD guidance where applicable from the BAAQMD CEQA Air Quality Guidelines. The models used in this analysis are summarized as follows: • Construction criteria pollutant and precursor emissions: CalEEMod, version 2016.3.2 • Operational criteria pollutant and precursor emissions: CalEEMod, version 2016.3.2 • Construction TAC emission air dispersion assessment: EPA AERMOD dispersion model, version 18081 The following criteria air pollutants and precursors are assessed in this analysis: • Reactive organic gases (ROG) • Nitrogen oxides (NOX) • Carbon monoxide (CO) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-27 • Particulate matter less than 10 microns in diameter (PM10) • Particulate matter less than 2.5 microns in diameter (PM2.5) Note that the development of the Civic Project and Residential Project would emit ozone precursors ROG and NOX. However, the development of the Civic Project and Residential Project would not directly emit ozone, since it is formed in the atmosphere during the photochemical reactions of ozone precursors. Construction-related Criteria Pollutants Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and prevailing weather conditions. Construction emissions result from both on-site and off-site activities. On-site emissions consist of exhaust emissions from the activity levels of heavy-duty construction equipment, motor vehicle operation, and fugitive dust (mainly PM10) from disturbed soil. Additionally, paving operations and application of architectural coatings would release ROG emissions. Off-site emissions result from motor vehicle exhaust from delivery vehicles, worker traffic and road dust (PM10 and PM2.5). Schedule The implementation of the proposed plan would include the construction of residences, a new library, and athletic fields as well as roadway improvements. Based on information outlined in Chapter 2, Project Descriptions, construction was assumed to take place six days per week and an average of 10.25 hours per day, and is anticipated to be completed over three phases after the demolition of existing buildings on the Residential Project site. The major construction activities associated with each phase are noted in Table 3.2-9, while a detailed account of the construction activities in each phase is included in Chapter 2, Project Descriptions. Construction activities are anticipated to begin as early as September 2019, which provides a conservative estimate of emissions, as vehicle efficiency improves over time. Construction activities would include demolition, site preparation, grading, building construction, paving, and architectural coating. CalEEMod defaults were used for the construction equipment. The conceptual construction schedule is shown in Table 3.2-9. Table 3.2-9: Conceptual Construction Schedule Construction Activity Assumed Construction Schedule Working Days Working Days Start Date End Date Demolition Phase of Construction (Includes Demolition and all Buildings and Removal of Surfaces for All Properties) Demolition 9/2/2019 9/24/2019 6 20 Phase I Construction (Includes Site Preparation Activities for All Properties) Site Preparation 9/25/2019 2/12/2020 6 121 Paving 2/13/2020 2/19/2020 6 6 Grading 2/20/2020 5/31/2020 6 87 City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-28 FirstCarbon Solutions Table 3.2-9 (cont.): Conceptual Construction Schedule Construction Activity Assumed Construction Schedule Working Days Working Days Start Date End Date Phase II Construction (Includes of Building Construction Associated with the Proposed Library and Proposed Residential Portions, Work Along Roads, with the Proposed Park Area to be Used as a Staging Area) Paving 6/1/2020 6/23/2020 6 20 Building Construction 6/24/2020 4/14/2021 6 253 Architectural Coating 4/15/2021 5/7/2021 6 20 Phase III Construction (Includes Roadway Improvements, Landscaping Along Plan Area Limits, and Construction of the Proposed Park) Site Preparation 5/8/2021 5/13/2021 6 5 Building Construction 5/14/2021 6/17/2021 6 30 Architectural Coating 6/18/2021 6/29/2021 6 10 Paving 6/30/2021 7/31/2021 6 28 Source: FirstCarbon Solutions (FCS) and CalEEMod, based on plan-specific information; see Appendix C. The schedule shown in Table 3.2-9 presents a conservative estimate, which assumes that some of the construction of the Civic Project and Residential Project would overlap. Equipment Tiers and Emission Factors Equipment tiers refer to a generation of emission standards established by the EPA and the ARB that apply to diesel engines in off-road equipment. The “tier” of an engine depends on the model year and horsepower rating; generally, the newer a piece of equipment is, the greater the tier it is likely to have. Excluding engines greater than 750 horsepower, Tier 1 engines were manufactured generally between 1996 and 2003. Tier 2 engines were manufactured between 2001 and 2007. Tier 3 engines were manufactured between 2006 and 2011. Tier 4 engines are the newest and some incorporate hybrid electric technology; they were manufactured after 2007. Construction emissions are generally calculated as the product of an activity factor and an emission factor. The activity factor for construction equipment is a measure of how active a piece of equipment is and can be represented as the amount of material processed, elapsed time that a piece of equipment is in operation, horsepower of a piece of equipment used, or the amount of fuel consumed in a given amount of time. The emission factor relates the process activity to the amount of pollutant emitted. Examples of emission factors include grams of emissions per miles traveled and grams of emissions per horsepower-hour. The operation of a piece of equipment is tempered by its load factor which is the average power of a given piece of equipment while in operation compared with its maximum rated horsepower. A load factor of 1.0 indicates that a piece of equipment continually operates at its maximum operating capacity. This analysis uses the CalEEMod default load factors for off-road equipment. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-29 On-site Off-road Equipment CalEEMod contains built-in inventories of construction equipment for a variety of land use construction projects that incorporate estimates of the number of equipment, their age, their horsepower, and emission control equipment tier mix from which rates of emissions are developed. These inventories were developed based on construction surveys for several land use projects. Table 3.2-10 presents the construction equipment used for implementation of the Civic Project and Residential Project as derived from CalEEMod. The CalEEMod default emission control equipment tier mix was used in this analysis for the estimation of unmitigated emissions from on-site construction equipment. Table 3.2-10: Proposed Plan Construction Equipment Assumptions for all Phases of Construction Phase Name Equipment Amount Usage Hours per Day Horsepower Load Factor Demolition Phase of Construction Demolition Concrete/Industrial Saws 1 8 81 0.73 Excavators 3 8 158 0.38 Rubber Tired Dozers 2 8 247 0.40 Phase I Construction Paving Pavers 2 8 130 0.42 Paving Equipment 2 8 132 0.36 Rollers 2 8 80 0.38 Site Preparation Rubber Tired Dozers 3 8 247 0.40 Tractors/Loaders/Backhoes 4 8 97 0.37 Grading Excavators 2 8 158 0.38 Graders 1 8 187 0.41 Rubber Tired Dozers 1 8 247 0.40 Scrapers 2 8 367 0.48 Tractors/Loaders/Backhoes 2 8 97 0.37 Phase II Construction Building Construction Cranes 1 7 231 0.29 Forklifts 3 8 89 0.20 Generator Sets 1 8 84 0.74 Tractors/Loaders/Backhoes 3 7 97 0.37 Welders 1 8 46 0.45 Paving Pavers 2 8 130 0.42 Paving Equipment 2 8 132 0.36 Rollers 2 8 80 0.38 City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-30 FirstCarbon Solutions Table 3.2-10 (cont.): Proposed Plan Construction Equipment Assumptions for all Phases of Construction Phase Name Equipment Amount Usage Hours per Day Horsepower Load Factor Architectural Coating Air Compressors 1 6 78 0.48 Phase III Construction Site Preparation Rubber Tired Dozers 3 8 247 0.40 Tractors/Loaders/Backhoes 4 8 97 0.37 Building Construction Cranes 1 7 231 0.29 Forklifts 3 8 89 0.20 Generator Sets 1 8 84 0.74 Tractors/Loaders/Backhoes 3 7 97 0.37 Welders 1 8 46 0.45 Paving Pavers 2 8 130 0.42 Paving Equipment 2 8 132 0.36 Rollers 2 8 80 0.38 Architectural Coating Air Compressors 1 6 78 0.48 Source: FirstCarbon Solutions (FCS) and CalEEMod, see Appendix C. Demolition, Site Preparation, and Grading The development of the Civic Project and Residential Project would include the demolition of existing buildings totaling approximately 79,447 square feet19 and the removal of existing surfaces totaling approximately 331,598 square feet. A detailed breakdown of the impervious and pervious surfaces currently occupying the plan area is included in Chapter 2, Project Descriptions. CalEEMod allows the input of demolition parameters in either building square feet or tons of debris; therefore, in order to reflect these activities, the material to be demolished or removed was converted to tons of debris. It was estimated that the development of the Civic Project and Residential Project would require the removal of approximately 14,947 tons of debris. Demolition emissions were calculated in CalEEMod using default equipment assumptions and amounts of material to be removed. The calculations used to estimate the amount of debris to be removed are included in Appendix C. During grading activities, fugitive dust can be generated from the movement of dirt within the plan area. CalEEMod estimates dust from dozers moving dirt around, dust from graders or scrapers leveling the land, and loading or unloading dirt onto haul trucks. Each activity is calculated differently in CalEEMod, based on the number of acres traversed by the grading equipment. 19 For purposes of estimating emissions, it was assumed that buildings totaling 79,457 square feet would be demolished. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-31 Only some pieces of equipment are assumed to generate fugitive dust in CalEEMod. The CalEEMod model manual identifies various equipment and the acreage disturbed in an 8-hour day for each piece of equipment: • Crawler tractors, graders, and rubber-tired dozers: 0.5 acre per 8-hour day • Scrapers: 1 acre per 8-hour day Hauling would be required to export material from the site. Based on information provided by the project sponsors, it is estimated that the Civic Project would require approximately 500 cubic yards of dirt to be cut and exported from the Civic Project site and would require 5,760 cubic yards of fill, which would be imported to the site. Site preparation for the Residential Project would require approximately 9,000 cubic yards of cut and 4,000 cubic yards of fill, with a net export of 5,000 cubic yards of material exported from the Residential Project site. The haul trips associated with the off- site import and export of soil were accounted for in the demolition and Phase II site preparation phases, as shown in Table 3.2-10. All other soil was assumed to balance on-site. Off-site On-road Vehicle Trips The CalEEMod model defaults trip length and vehicle fleet were used. The CalEEMod model run used the default worker trip length of 10.8 miles, vendor trip length of 7.3, and the hauling trip length of 20 miles. Consistent with the details provided in Chapter 2, Project Descriptions, it was assumed that all phases of construction would have 84 average daily worker trips, based on information provided by the project sponsors. To account for the delivery of materials, it was assumed that every phase of construction following the demolition phase would have up to six truck trips per day, accounted for as vendor trips for all of Phase I, all of Phase II, and all construction activities in Phase II other than building construction. Since Phase II includes the erection of the proposed library and residential land uses and could require more than six vendor trips, the higher default vendor trips were retained for the building construction phase of Phase II. A summary of the construction-related trips is shown in Table 3.2-11. Please note that worker and vendor trips are in terms of worker trips per day, while haul trips are presented as total trips. Table 3.2-11: Construction Off-site Vehicle Trips Construction Activity Construction Trips per Day Total Construction Trips Worker Vendor Haul Demolition Phase of Construction Demolition 84 0 1,478 Phase I Construction Paving 84 6 0 Site Preparation 84 6 1,408 Grading 84 6 0 Phase II Construction Building Construction 84 49 6 Paving 84 6 0 City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-32 FirstCarbon Solutions Table 3.2-11 (cont.): Construction Off-site Vehicle Trips Construction Activity Construction Trips per Day Total Construction Trips Worker Vendor Haul Architectural Coating 84 6 0 Phase III Construction Site Preparation 84 6 0 Building Construction 84 6 0 Paving 84 6 0 Architectural Coating 84 6 0 Source: FirstCarbon Solutions (FCS) and CalEEMod, see Appendix C. Off-gassing Materials Asphalt paving and architectural coating materials used during construction would generate off-gas emissions of ROGs. The data collection process determined the acres of asphalt paving required, which CalEEMod uses to determine associated ROG emissions. CalEEMod contains assumptions for application of architectural coatings that are based on the BAAQMD’s coating regulations and use type, and square footage of the buildings to be constructed and were used to quantify emissions. Operation-related Criteria Pollutants To ensure a conservative analysis, operational emissions were analyzed assuming full-buildout of the Civic Project and Residential Project in 2021, consistent with the conceptual schedule presented in Table 3.2-9. On-road Motor Vehicles Motor vehicle emissions refer to exhaust and road dust emissions from the automobiles that would travel to and from the plan area. The emissions were estimated using CalEEMod. The weekday and Saturday trip generation rates for the Civic Project and Residential Project operations were obtained from the transportation impact assessment (included in Appendix J).20 As Sunday trips were not explicitly stated in the transportation impact assessment, Saturday trip generation rates were applied to both Saturday and Sunday trips to present a conservative analysis. The CalEEMod trip purposes (e.g., primary, pass-by) and default round trip lengths for an urban setting for Contra Costa County were used in this analysis. Emission factors are assigned to the expected vehicle mix as a function of vehicle class, speed, and fuel use (gasoline and diesel-powered vehicles). The CalEEMod default vehicle fleet mix for Contra County was used for this analysis. 20 Fehr & Peers. 2019. Final Transportation Impact Assessment, prepared for City of Pleasant Hill. January. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-33 Architectural Coatings Paints release VOC/ROG emissions during application and drying. The buildings would be repainted on occasion. The supplier that would likely serve the Civic Project and Residential Project would be required to comply with the BAAQMD Regulation 8, Rule 3—Architectural Coatings. This rule governs the manufacture, distribution, and sale of architectural coatings and limits the reactive organic gases content in paints and paint solvents. Consumer Products Consumer products are various solvents used in non-industrial applications, which emit VOCs during their product use. “Consumer Product” means a chemically formulated product used by household and institutional consumers, including but not limited to: detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products. It does not include other paint products, furniture coatings, or architectural coatings.21 The default emission factor developed for CalEEMod was used. Landscape Equipment CalEEMod was used to estimate the landscaping equipment emissions using the default assumptions in the model. Electricity Electricity usage (for lighting, etc.) would result in emissions from the power plants that would generate electricity distributed on the electrical power grid. Off-site electricity emissions estimates are used more pertinent for the analysis of GHG emissions. More detail describing assumptions used in estimating parameters specific to electricity is included in Section 3.6, GHG Emissions and Energy. Natural Gas Implementation of the proposed plan would generate emissions from the combustion of natural gas for water heaters, heat, etc. CalEEMod has two categories for natural gas consumption: Title 24 and non-Title 24. The Title 24 uses are defined as the major building envelope systems covered by California’s Building Code Title 24 Part 6, such as space heating, space cooling, water heating, and ventilation. Non-Title 24 includes everything else such as appliances and electronics. Total electricity consumption in CalEEMod is divided into the three categories. The percentage for each category is determined by using percentages derived from the CalEEMod default electricity intensity factors. The percentages are then applied to the electricity consumption to result in the values used in the analysis. Construction- and Operation-related Toxic Air Contaminants TACs are air pollutants in miniscule amounts in the air that, if a person is exposed to them, could increase the chances of experiencing health problems. Exposures to TAC emissions can have both chronic long-term (over a year or longer) and acute short-term (over a period of hours) health impacts. Construction-period TAC emissions could contribute to increased health risks to nearby residents or sensitive receptors. 21 California Air Resources Board (ARB). 2011. Regulation for Reducing Emissions from Consumer Products. Website: www.arb.ca.gov/consprod/regs/fro%20consumer%20products%20regulation.pdf. Accessed May 1, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-34 FirstCarbon Solutions An assessment was made of the potential health impacts to surrounding sensitive receptors resulting from TAC emissions during construction. PM2.5 health impacts are important, because their size can be deposited deeply in the lungs causing respiratory effects. For purposes of this analysis, exhaust emissions of DPM, are represented as exhaust emissions of PM2.5. Although DPM is emitted by diesel-fueled, internal combustion engines, the composition of the emissions varies, depending on engine type, operating conditions, fuel composition, lubricating oil, and whether an emission control system is present. Odors The impact analysis qualitatively evaluates the types of land uses proposed to evaluate whether major sources of anticipated odors would be present and, if so, whether those sources would likely generate objectionable odors. According to the BAAQMD’s CEQA Air Quality Guidelines, a project that involves the siting of a new odor source would consider the screening level distances and the complaint history of the odor sources, described below. Projects that would site a new odor source farther than the screening-level distances provided in Table 3.2-12 would not likely result in a significant odor impact. Table 3.2-12: BAAQMD Odor Screening-level Distances Thresholds Land Use/Type of Operation Plan Area Screening Distance Wastewater Treatment Plant 2 miles Wastewater Pumping Facilities 1 mile Sanitary Landfill 2 miles Transfer Station 1 mile Composting Facility 1 mile Petroleum Refinery 2 miles Asphalt Batch Plant 2 miles Chemical Manufacturing 2 miles Fiberglass Manufacturing 1 mile Painting/Coating Operations 1 mile Rendering Plant 2 miles Coffee Roaster 1 mile Food Processing Facility 1 mile Confined Animal Facility/Feed Lot/Dairy 1 mile Green Waste and Recycling Operations 1 mile Metal Smelting Plants 2 mile Source: Bay Area Air Quality Management District (BAAQMD) 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-35 Specific Thresholds of Significance Consistency with Air Quality Plan The applicable air quality plan is BAAQMD’s 2017 Bay Area Clean Air Plan, which identifies measures to: • Reduce emissions and reduce ambient concentrations of air pollutants; and • Safeguard public health by reducing exposure to the air pollutants that pose the greatest health risk, with an emphasis on protecting the communities most heavily affected by air pollution. The proposed plan would be consistent with the Bay Area Clean Air Plan if it would support the plan’s goals, include applicable control measures from the Bay Area Clean Air Plan, and would not disrupt or hinder implementation of any control measures from the Bay Area Clean Air Plan. Consistency with the Bay Area Clean Air Plan is the basis for determining whether the proposed plan would conflict with or obstruct implementation of an applicable air quality plan. Ambient Air Quality (Criteria Pollutants) Where available, the significance thresholds established by the applicable air quality management or air pollution control district may be relied upon to make the significance determinations. While the final determination of whether or not a project is significant is within the purview of the lead agency pursuant to CEQA Guidelines Section 15064(b), the BAAQMD recommends that its quantitative and qualitative air pollution thresholds be used to determine the significance of project-related emissions. In June 2010, the BAAQMD adopted thresholds of significance to assist lead agencies in the review of projects under CEQA. These thresholds (see Table 3.2-13) were designed to establish the level at which the BAAQMD believed air pollution emissions would cause significant environmental impacts under CEQA and included in the BAAQMD’s current CEQA Guidelines (last updated May 2017).22 Table 3.2-13: BAAQMD Thresholds of Significance Pollutant Construction Thresholds Average Daily Emissions Operational Thresholds Average Daily Emissions Annual Average Emissions Criteria Air Pollutants ROG 54 pounds/day 54 pounds/day 10 tons/year NOX 54 pounds/day 54 pounds/day 10 tons/year PM10 82 pounds/day 82 pounds/day 15 tons/year PM2.5 54 pounds/day 54 pounds/day 10 tons/year CO Not Applicable 9.0 ppm (8-hour average) or 20.0 ppm (1-hour average) Fugitive Dust Construction Dust Ordinance or other Best Management Practices Not Applicable 22 Bay Area Air Quality Management District (BAAQMD). 2017. California Environmental Quality Act Air Quality Guidelines. May. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed September 22, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-36 FirstCarbon Solutions Table 3.2-13 (cont.): BAAQMD Thresholds of Significance Pollutant Construction Thresholds Average Daily Emissions Operational Thresholds Average Daily Emissions Annual Average Emissions Health Risks and Hazards for New Sources Excess Cancer Risk Increase > 10.0 per one million Increase > 10.0 per one million Chronic or Acute Hazard Index Increase > 1.0 Increase > 1.0 Incremental annual average PM2.5 0.3 µg/m3 0.3 µg/m3 Health Risks and Hazards for Sensitive Receptors (Cumulative from All Sources within 1,000-Foot Zone of Influence) and Cumulative Thresholds for New Sources Excess Cancer Risk > 100 per 1 million Chronic Hazard Index > 10.0 Annual Average PM2.5 > 0.8 µg/m3 Notes: ROG = reactive organic gases NOX = nitrogen oxides PM10 = course particulate matter or particulates with an aerodynamic diameter of 10 µm or less PM2.5 = fine particulate matter or particulates with an aerodynamic diameter of 2.5 µm or less Source: Bay Area Air Quality Management District (BAAQMD). 2017. California Environmental Quality Act Air Quality Guidelines. May. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may 2017-pdf.pdf?la=en. Accessed September 22, 2018. Health Risk (Toxic Air Contaminants) The air quality-related health risk significance thresholds utilized for this assessment were derived from the BAAQMD significance thresholds as project-specific thresholds. These thresholds are: • Cancer Risk: increased cancer risk of greater than 10 in one million • Non-cancer Hazard Index: increased non-cancer risk of greater than 1.0 • Annual PM2.5: increase greater than 0.3 μg/m3 Odors The significance thresholds for odor impacts are qualitative in nature. Specifically, an odor- generating source with five or more confirmed complaints in the new source area per year averaged over three years is considered to have a significant impact on receptors within the screening distances shown above under Approach to Analysis. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-37 Impact Evaluation Air Quality Management Plan Consistency Impact AIR-1: The proposed plan could conflict with or obstruct implementation of the applicable air quality plan. Construction and Operation Civic Project and Residential Project The SFBAAB is designated nonattainment for State standards for 1-hour and 8-hour ozone, 24-hour respirable particulate matter (PM10), annual PM10, and annual fine particulate matter (PM2.5).23 To address regional air quality standards, the BAAQMD has adopted several air quality policies and plans, and in April 2017, BAAQMD adopted their 2017 Clean Air Plan,24 which serves as BAAQMD’s most current regional Air Quality Plan (AQP) for the Air Basin for attaining federal ambient air quality standards. The primary goals of the 2017 Clean Air Plan are to protect public health and protect the climate. The 2017 Clean Air Plan acknowledges that the BAAQMD’s two stated goals of protection are closely related. As such, the 2017 Clean Air Plan identifies a wide range of control measures intended to decrease both criteria pollutants25 and GHGs.26 The 2017 Clean Air Plan updates the BAAQMD’s 2010 Clean Air Plan, pursuant to air quality planning requirements defined in the California Health and Safety Code. The 2017 Clean Air Plan also accounts for projections of population growth provided by Association of Bay Area Governments and vehicle miles traveled provided by the Metropolitan Transportation Commission, and identifies strategies to bring regional emissions into compliance with federal and State air quality standards. A project would be judged to conflict with or obstruct implementation of the 2017 Clean Air Plan if it would result in substantial new regional emissions not foreseen in the air quality planning process. The primary way of determining whether a project is consistent with the AQP’s assumptions is to determine if the General Plan is consistent with the growth assumptions used in the AQPs for the Air Basin, and if the project is consistent with the applicable General Plan. As required by California law, city and county general plans contain a Land Use Element that details the types and quantities of land uses that the city or county estimates will be needed for future growth, and designates locations for land uses to regulate growth. The growth projections and land use information in adopted general plans, among other sources, is used to estimate future average daily trips and associated VMT, which are then provided to the BAAQMD to estimate future emissions in the AQPs. AQPs provide the amount of emission reductions required to reach attainment of the air standards based on the 23 Bay Area Air Quality Management District (BAAQMD). 2017. Air Quality Standards and Attainment Status. January. Website: http://www.baaqmd.gov/research-and-data/air-quality-standards-and-attainment-status. Accessed May 22, 2017. 24 Bay Area Air Quality Management District (BAAQMD). 2017. Final 2017 Clean Air Plan. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/plans/2017-clean-air-plan/attachment-a_-proposed-final-cap-vol-1- pdf.pdf?la=en. Accessed May 24, 2017. 25 The EPA has established National Ambient Air Quality Standards (NAAQS) for six of the most common air pollutants—carbon monoxide, lead, ground-level ozone, particulate matter, nitrogen dioxide, and sulfur dioxide—known as “criteria” air pollutants (or simply “criteria pollutants”). 26 A greenhouse gas (GHG) is any gaseous compound in the atmosphere that is capable of absorbing infrared radiation, thereby trapping and holding heat in the atmosphere. By increasing the heat in the atmosphere, GHGs are responsible for the greenhouse effect, which ultimately leads to global warming. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-38 FirstCarbon Solutions projected growth in emissions, and include control measures required to achieve those reductions by the deadlines mandated by the Clean Air Act. The applicable general plan for the proposed plan is the Pleasant Hill 2003 General Plan, which was adopted prior to the BAAQMD 2017 Clean Air Plan. The Pleasant Hill 2003 General Plan designates the plan area as semi-public and institutional, school-related, and mixed-use development. As shown an exhibit in Chapter 2, Project Descriptions, implementation of the proposed plan would require a general plan amendment to accommodate the General Plan land use designation changes. Based on the land use designations for the plan area contained in the Pleasant Hill 2003 General Plan, emissions related to development of the plan area would have been included in growth forecasts for the BAAQMD 2017 Clean Air Plan as semi-public and institutional, school-related, and mixed-use development. Because the proposed plan would not fit within the current land use designation contained within the Pleasant Hill 2003 General Plan, additional analysis is required to determine if the implementation of the proposed plan would conflict with or obstruct implementation of the applicable air quality plan. The BAAQMD does not provide a numerical threshold of significance for project-level consistency analysis. Therefore, the following criteria were used for determining a project’s consistency with the AQP. • Criterion 1: Does the project support the primary goals of the AQP? • Criterion 2: Does the project include applicable control measures from the AQP? • Criterion 3: Does the project disrupt or hinder implementation of any AQP control measures? Criterion 1 The primary goals of the 2017 Clean Air Plan (CAP), the current AQP to date, are to: • Attain air quality standards; • Reduce population exposure to unhealthy air and protecting public health in the Bay area; and • Reduce GHG emissions and protect the climate. As discussed under Impact AIR-2, the implementation of the proposed plan would not result in project- or cumulative-level net increase of any criteria air pollutant with implementation of Mitigation Measure (MM) AIR-2. As discussed under Impact AIR-3, the proposed plan would not expose sensitive receptors to substantial pollutant concentrations with implementation of MM AIR-2 and MM AIR-3. Therefore, the proposed plan would support the goals of attaining air quality standards and reducing population exposure to unhealthy air. A detailed analysis of impacts as they relate to GHG emissions and climate are included in Section 3.6, GHG Emissions and Energy. As discussed in Section 3.6, plan- and cumulative-level GHG emissions impacts would be less than significant with implementation of MM GHG-1. As discussed below under Criterion 2, the proposed plan would provide pedestrian connectivity and access to transit. Considering this information and considering the mixed-use nature of the proposed plan, it would support the overall goals of the 2017 Clean Air Plan. The proposed plan is, therefore, consistent with Criterion 1 with implementation of MM AIR-2, MM AIR-3, and MM GHG-1. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-39 Criterion 2 The 2017 Clean Air Plan contains 85 control measures aimed at reducing air pollutant emissions and GHG emissions at the local, regional, and global levels. Along with the traditional stationary, area, mobile source, and transportation control measures, the 2017 Clean Air Plan contains a number of control measures designed to protect the climate, promote mixed use, and to compact development to reduce vehicle emissions and exposure to pollutants from stationary and mobile sources. The 2017 Clean Air Plan also includes an account of the implementation status of control measures identified in the 2010 Clean Air Plan. Table 3.2-14 lists the Clean Air Plan policies relevant to the proposed plan and evaluates the proposed plan’s consistency with the policies. As shown below, the proposed plan would be consistent with the applicable measures. Table 3.2-14: Clean Air Plan Control Measures Consistency Analysis Control Measure Plan Consistency Buildings Control Measures BL1: Green Buildings Consistent. As discussed in more detail in Section 3.6, Greenhouse Gas Emissions and Energy, the proposed plan would comply with the California Energy Code and, thus, incorporate applicable energy efficiency features designed to reduce energy consumption associated with the proposed plan. BL4: Urban Heat Island Mitigation Consistent. The proposed plan would incorporate landscaping (including trees) throughout the plan area. The proposed plan would provide landscaping in accordance with City standards that would serve to reduce the urban heat island effect and include the planting of shade trees. A detailed breakdown of the proposed pervious and impervious surfaces is provided in Chapter 2, Project Descriptions. Energy Control Measures EN2: Decrease Electricity Demand Consistent. The design of the Civic Project and Residential Project would be required to conform to the energy efficiency requirements of the California Building Standards Code, also known as Title 24, which was adopted in order to meet an executive order in the Green Building Initiative to improve the energy efficiency of buildings through aggressive standards. The 2016 Building Efficiency Standards are the current regulations and went into effect on January 1, 2017. The 2019 Title 24 Standards are scheduled to go into effect on January 1, 2020. For the purposes of analysis in this EIR, construction was assumed to begin in September 2019 and would be subject to the 2016 Title 24 Standards; however, proposed buildings that would receive building permits after January 1, 2020 would be subject to the 2019 Title 24 Standards. One of the notable changes in the 2019 Title 24 Standards includes the solar photovoltaic systems requirement for new low-rise residential homes. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-40 FirstCarbon Solutions Table 3.2-14 (cont.): Clean Air Plan Control Measures Consistency Analysis Control Measure Plan Consistency Natural and Working Lands Control Measures NW2: Urban Tree Planting Consistent. The proposed plan would incorporate landscaping (including trees) throughout the plan area. The proposed plan would provide landscaping in accordance with City standards that would include the planting of trees. WA3: Green Waste Diversion Consistent. The waste service provider for the Civic Project and Residential Project would be required to meet AB 341, SB 939, and SB 1374 requirements that require waste service providers to divert green waste away from landfills. All plant refuse generated during operations of the proposed plan would be recycled off site. WA4: Recycling and Waste Reduction Consistent. The waste service provider for the Civic Project and Residential Project would be required to meet AB 341, SB 939, and SB 1374 requirements that require waste to be recycled. Stationary Control Measures SS36: Particulate Matter from Trackout Consistent with Mitigation. Mud and dirt that may be tracked out onto nearby public roads during construction activities would be removed promptly by the contractor based on BAAQMD requirements. MM AIR-2, identified under Impact AIR-2, would implement BMPs recommended by BAAQMD for fugitive dust emissions during construction. Transportation Control Measures TR9: Bicycle and Pedestrian Access and Facilities. Consistent. Both the Civic Project and Residential Project would enhance pedestrian access connections within and adjacent to the plan area. For instance, the Civic Project would include a new pedestrian trail along the eastern portion of the site that would connect to the proposed park, proposed library, and off-site EBMUD trail. In addition, Class I and Class III Bike Paths are located near the plan area. Specifically, a Class I Multi-Use Path is located immediately east of the Civic Project along the off-site adjacent EBMUD Trail. A Class III Bike Route runs along Oak Park Boulevard and connects to surrounding off-site bicycle infrastructure (bicycle paths, lanes, routes, and protected paths) connecting to the EBMUD Trail and a Class II bike lane on Patterson Boulevard. With these proposed enhancements to pedestrian connectivity in addition to the plan area’s proximity to existing bicycle facilities, the proposed plan would be consistent with the BAAQMD effort to encourage planning for bicycle and pedestrian facilities. Source: Compiled by FirstCarbon Solutions (FCS) in 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-41 In summary, the implementation of the proposed plan would not conflict with applicable measures under the 2017 Clean Air Plan with the implementation of MM AIR-2, therefore; the proposed plan would be consistent with Criterion 2 with implementation of MM AIR-2. Criterion 3 In addition to being located near planned and existing pedestrian and bicycle facilities. Bus stops serving County Connection Route 9 are located along Oak Park Boulevard and along Patterson Boulevard, approximately 0.22 mile west of the plan area. Route 9 provides services from Diablo Valley College to Pleasant Hill Bay Area Rapid Transit (BART) Station, located at 1365 Treat Boulevard, on the east side of Interstate 680 (I-680) near the Treat Boulevard interchange. Future residents, visitors, and employees would have easy access to existing public transit, as well as pedestrian and bicycle facilities. Because the proposed plan includes a mix of uses that would provide pedestrian connectivity and access to transit, implementation of the proposed plan would support the overall goals of the 2017 Clean Air Plan. Furthermore, the proposed plan would comply with applicable BAAQMD rules and regulations listed above under Regulatory Framework during construction and operations. Considering this information, the proposed plan would not create an impediment or disruption to implementation of any AQP control measures. The proposed plan is, therefore, consistent with Criterion 3. Overall Overall, the proposed plan would be consistent with the three criteria for evaluating consistency with the 2017 Clean Air Plan after incorporation of MM AIR-2, MM AIR-3, and MM GHG-1. Therefore, the proposed plan would not conflict with or obstruct implementation of the applicable air quality plan. The impact related to air quality management plan consistency would be less than significant with mitigation. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM AIR-2, MM AIR-3, and MM GHG-1 (Civic Project and Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Cumulative Criteria Pollutant Emissions Impact AIR-2: The proposed plan could result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non-attainment under an applicable federal or state ambient air quality standard. In developing thresholds of significance for criteria air pollutants, the BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively significant. As such, if a project exceeds the identified thresholds of significance, its emissions would be significant in terms of both project- and cumulative-level impacts, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Thus, this impact analysis and discussion is City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-42 FirstCarbon Solutions related to the project- and cumulative-level effect of the Civic Project’s and Residential Project’s regional criteria air pollutant emissions. The region is non-attainment for the federal and State ozone standards, the State PM10 standards, and the federal and State PM2.5 standards. Potential impacts would result in exceedances of State or federal standards for NOX or particulate matter (PM10 and PM2.5). NOX emissions are of concern because of potential health impacts from exposure to NOX emissions during both construction and operation and as a precursor in the formation of airborne ozone. PM10 and PM2.5 are of concern during construction, because of the potential to emit exhaust emissions from the operation of off-road construction equipment and fugitive dust during earth-disturbing activities (construction fugitive dust). ROG emissions are also important, because of their participation in the formation of airborne ozone. Ozone is a respiratory irritant and an oxidant that increases susceptibility to respiratory infections and can cause substantial damage to vegetation and other materials. Elevated ozone concentrations result in reduced lung function, particularly during vigorous physical activity. This health problem is particularly acute in sensitive receptors such as the sick, elderly, and young children. By its nature, air pollution is largely a cumulative impact resulting from emissions generated over a large geographic region. The nonattainment status of regional pollutants is a result of past and present development within the air basin, and this regional impact is a cumulative impact. In other words, new development projects (such as the Civic Project and Residential Project) within the air basin would contribute to this impact only on a cumulative basis. No single project would be sufficient in size, by itself, to result in nonattainment of regional air quality standards. Instead, a project’s emissions may be individually limited, but cumulatively significant when taken in combination with past, present, and future development projects. The cumulative analysis focuses on whether a specific project would result in cumulatively significant emissions. According to Section 15064(h)(4) of the CEQA Guidelines, the existence of significant cumulative impacts caused by other projects alone does not constitute substantial evidence that the Civic Project’s and Residential Project’s incremental effects would be cumulatively significant. Rather, the determination of cumulative air quality impacts for construction and operational emissions is based on whether the Civic Project and Residential Project would result in regional emissions that exceed the BAAQMD regional thresholds of significance for construction and operations on a project level. The thresholds of significance represent the allowable amount of emissions each project can generate without generating a cumulatively significant contribution to regional air quality impacts. Therefore, a project that would not exceed the BAAQMD thresholds of significance on the project level also would not be considered to result in a cumulatively significant impact with regard to regional air quality and would not be considered to result in a significant impact related to cumulative regional air quality. Construction Civic Project and Residential Project Construction activities associated with development of the Civic Project and Residential Project contemplated by the proposed plan would include demolition, site preparation, grading, paving, building construction, and painting. During construction, fugitive dust (PM10 and PM2.5) would be City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-43 generated from site grading and other earth-moving activities. The majority of this fugitive dust would remain localized and would be deposited near the plan area. However, the potential for impacts from fugitive dust exists unless control measures are implemented to reduce the emissions from this source. Exhaust emissions would also be generated from the operation of the off-road construction equipment, as shown in Table 3.2-13. Construction Fugitive Dust Construction would require general site clearing and grading/earthwork activities. Emissions from construction activities are generally short-term in duration, but may still cause adverse air quality impacts. The Civic Project and Residential Project would generate emissions from construction equipment exhaust, worker travel, and fugitive dust as PM10 and PM2.5. PM is of concern during construction because of the potential to emit fugitive dust during earth-disturbing activities (construction fugitive dust). The BAAQMD does not have a quantitative significance threshold for fugitive dust. The BAAQMD’s Air Quality Guidelines recommend that projects determine the significance for fugitive dust through application of BMPs. The Civic Project and Residential Project do not currently include any dust control measures. As such, this represents a significant cumulative construction impact related to criteria air pollutant emissions. However, per MM AIR-2, the fugitive dust control measures identified in the BAAQMD’s Air Quality Guidelines would be required to be implemented during construction of the Civic Project and Residential Project in order to reduce localized dust impacts. Therefore, with implementation of MM AIR-2, cumulative construction impacts associated with violating an air quality standard or contributing substantially to an existing or projected air quality violation in terms of criteria air pollutant emissions specific to fugitive dust would be less than significant with mitigation. Construction Emissions: ROG, NOX, PM10 (exhaust), PM2.5 (exhaust) As described above under Approach to Analysis, CalEEMod was used to estimate the Civic Project’s and Residential Project’s construction emissions. Estimated construction emissions are compared with the applicable thresholds of significance established by the BAAQMD to assess ROG, NOX, exhaust PM10, and exhaust PM2.5 construction emissions to determine significance for this criterion. As shown in Table 3.2-9, for the purpose of analysis in this EIR, construction of the Civic Project and Residential Project is anticipated to begin as early as September 2, 2019 and continue through July 31, 2021. The construction schedule used in the analysis represents a “worst-case” analysis scenario since a delay in construction dates into the future would result in using emission factors for construction equipment that decrease as the analysis year increases, due to improvements in technology and the need to meet more stringent regulatory requirements. Therefore, construction emissions would decrease if the construction schedule moves to later years. The duration of construction activity and associated equipment represent a reasonable approximation of the expected construction fleet. The construction emissions modeling parameters and assumptions are summarized above under Approach to Analysis, and the complete modeling results are provided in Appendix C. Annual construction emissions are shown by source, converted to average daily construction emissions, and are compared with the applicable significance thresholds in Table 3.2-15. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-44 FirstCarbon Solutions Table 3.2-15: Proposed Plan Construction Annual and Daily Average Emissions (Unmitigated) Construction Activity Annual Emissions (tons/year) ROG NOX PM10 (exhaust) PM2.5 (exhaust) Demolition Phase of Construction Demolition 0.04 0.59 0.02 0.02 Phase I Construction Site Preparation—2019 0.20 2.11 0.10 0.09 Site Preparation—2020 0.08 0.86 0.04 0.04 Paving 0.01 0.04 0.00 0.00 Grading 0.21 2.22 0.09 0.09 Phase II Construction Paving 0.02 0.15 0.01 0.01 Building Construction—2020 0.21 2.05 0.09 0.09 Building Construction—2021 0.10 1.01 0.04 0.04 Architectural Coating 0.98 0.02 0.00 0.00 Phase III Site Preparation 0.01 0.10 0.01 0.00 Building Construction 0.03 0.27 0.01 0.01 Architectural Coating 0.03 0.01 0.00 0.00 Paving 0.02 0.19 0.01 0.01 All Construction Activities (2019–2021) Total Construction Emissions 1.97 9.64 0.43 0.40 Parameter Air Pollutants ROG NOX PM10 (exhaust) PM2.5 (exhaust) Total Proposed Plan Construction Emissions (tons/year) 1.97 9.64 0.43 0.40 Total Proposed Plan Construction Emissions (lbs/year) 3,931 19,287 869 806 Average Daily Proposed Plan Emissions (lbs/day)1 6.55 32.15 1.45 1.34 BAAQMD Average Daily Construction Emission Thresholds (lbs/day) 54 54 82 54 Exceeds Significance Threshold? No No No No Notes: 1 The average daily construction emissions were estimated based on the total annual emissions divided by the number of working days (600 total working days for the Oak Park Properties Specific Plan). lbs = pounds ROG = reactive organic gases NOX = oxides of nitrogen PM10 = particulate matter 10 microns in diameter PM2.5 = particulate matter 2.5 microns in diameter All calculation Totals may not appear to add exactly due to rounding. Source of thresholds: BAAQMD CEQA Guidelines 2017. Source of Emissions: CalEEMod Output (Appendix C). City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-45 As shown in Table 3.2-15, construction emissions would not exceed the BAAQMD’s recommended thresholds of significance with regard to emissions of ROG, NOX, exhaust PM10, and exhaust PM2.5. Therefore, cumulative construction impacts associated with violating an air quality standard or contributing substantially to an existing or projected air quality violation in terms of criteria air pollutant emissions specific to ROG, NOX, PM10, and PM2.5 would be less than significant. Operation Civic Project and Residential Project Operational Emissions: ROG, NOX, PM10, PM 2.5 Operational pollutants of concern include ROG, NOX, PM10, and PM2.5. Operational emissions are those emissions that occur when a project commences operations. To provide a conservative analysis, operations were analyzed assuming that the first year of operation of the Civic Project and Residential Project would be in 2021. The total daily trips associated with proposed and existing land uses are consistent with those presented in the transportation impact assessment included in Appendix J.27 Vehicle trips and associated emissions from the existing library were included in the baseline. The CalEEMod default trip lengths for an urban setting in Contra Costa County28 were used in this analysis of vehicle emissions. The major sources for operational emissions of ROG, NOX, PM10, and PM2.5 were shown above under Approach to Analysis. The operational emissions for the respective pollutants were calculated using CalEEMod. Existing emissions associated with the 37,364-square-foot library on the Residential Project site are shown in Table 3.2-8. Net annual operational emissions estimated for the Civic Project and Residential Project are shown by source and are compared with the applicable significance thresholds in Table 3.2-16. The net average daily operational-related emissions for the Civic Project and Residential Project are compared with the applicable significance thresholds in Table 3.2-17. Table 3.2-16: Proposed Plan Operation Annual Emissions (Unmitigated) Emission Source Annual Emissions (tons/year) ROG NOX PM10 PM2.5 Area 0.68 0.01 0.00 0.00 Energy 0.01 0.10 0.01 0.01 Mobile 0.69 2.95 1.84 0.51 Total Proposed Plan Operational Emissions 1.38 3.05 1.85 0.52 Existing Emissions1 0.52 1.53 0.92 0.01 Net Proposed Plan Operational Emissions 0.86 1.52 0.93 0.51 BAAQMD Maximum Annual Emission Threshold 10 10 15 10 Exceeds thresholds? No No No No 27 Fehr & Peers. 2019. Oak Park/Monticello Specific Plan Final Transportation Impact Assessment, prepared for City of Pleasant Hill. January. 28 Note that the CalEEMod setting is limited to the county level, so there is no option to select a city. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-46 FirstCarbon Solutions Table 3.2-16 (cont.): Proposed Plan Operation Annual Emissions (Unmitigated) Emission Source Annual Emissions (tons/year) ROG NOX PM10 PM2.5 Notes: 1 Existing emissions are shown in Table 3.2-8. ROG = reactive organic gases NOX = oxides of nitrogen PM10 = particulate matter 10 microns in diameter PM2.5 = particulate matter 2.5 microns in diameter Source of emissions: CalEEMod Output (Appendix C). Table 3.2-17: Proposed Plan Operation Average Daily Emissions (Unmitigated) Parameters Average Daily Emissions (pounds/day) ROG NOX PM10 PM2.5 Net Annual Emissions1 (tons/year) 0.86 1.52 0.93 0.51 Net Annual Emissions2 (lbs/year) 1,712 3,045 1,865 1,010 Net Average Daily Emissions3 (lbs/day) 4.69 8.34 5.11 2.77 BAAQMD Average Daily Emission Thresholds (lbs/day) 54 54 82 54 Exceeds thresholds? No No No No Notes: 1 Proposed plan emissions are shown in Table 3.2-16. 2 Pounds per year were calculated using the unrounded annual plan emissions. 3 The average daily construction emissions were estimated based on the total annual emissions divided by the number of days in 2021 (365 days). ROG = reactive organic gases NOX = oxides of nitrogen PM10 = particulate matter 10 microns in diameter PM2.5 = particulate matter 2.5 microns in diameter Source of emissions: CalEEMod Output (Appendix C). As shown in Table 3.2-16 and Table 3.2-17, the implementation of the Civic Project and Residential Project would not result in operational-related air pollutants or precursors that would exceed BAAQMD’s thresholds of significance, indicating that on-going operation would not be considered to have the potential to generate a significant quantity of air pollutants. Therefore, cumulative operational impacts associated with violating an air quality standard or contributing substantially to an existing or projected air quality violation in terms of criteria air pollutant emissions would be less than significant. Level of Significance Before Mitigation Potentially Significant for plan- and cumulative-level construction impacts (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-47 Mitigation Measures MM AIR-2 Implement BAAQMD Best Management Practices During Construction Civic Project and Residential Project: The following Best Management Practices (BMPs), as recommended by the BAAQMD, shall be included in the design of the Civic Project and Residential Project and implemented during construction: • All active construction areas shall be watered at least two times per day. • All exposed non-paved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and access roads) shall be watered at least three times per day and/or non-toxic soil stabilizers shall be applied to exposed non-paved surfaces. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered and/or shall maintain at least 2 feet of freeboard. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage regarding idling restrictions shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • The prime construction contractor shall post a publicly visible sign with the telephone number and person to contact regarding dust complaints. The City of Pleasant Hill and the construction contractor shall take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Sensitive Receptors Exposure to Toxic Air Contaminant Concentrations Impact AIR-3: The proposed plan could expose sensitive receptors to substantial pollutant concentrations. This impact addresses whether the implementation of the Civic Project and Residential Project would expose air pollution sensitive receptors to TACs such as construction-related asbestos disturbance, construction-generated fugitive dust (PM10 and PM2.5), construction-related TACs, construction- generated DPM, operational-related TACs, or operational CO hotspots. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-48 FirstCarbon Solutions Because the proposed plan would result in the development of a variety of land uses that would include residential and park uses, the Civic Project and Residential Project would be considered air pollution sensitive receptors once operational. Grading activities and site preparation activities that would generate the greatest amount of emissions during construction would not overlap with operation. Most emissions during construction are generated during the site preparation and grading phases when heavy equipment is used to prepare the land for construction. Construction of the proposed library and infrastructure improvements are anticipated to start as early as April 2020 and finish in the fall of 2021. Construction of the proposed new athletic fields is anticipated to start in the fall of 2020 and finish in the fall of 2021, respectively. For the purposes of presenting a conservative analysis in this EIR, it is assumed that construction would start in Fall 2019. Construction of the Residential Project is anticipated to start in June 2020 and finish in the summer of 2022. For the purpose of analysis in this EIR, operations of the proposed single-family homes in the Residential Project and proposed park in the Civic Project could overlap with construction activities that would occur in Spring 2021 through Summer 2021, when little or no grading would occur. Construction activities during this time would primarily include home building, paving, and landscaping. Limited amounts of diesel equipment are used during home construction, which would not contribute substantially to the health risk during construction. Therefore, for the purposes of the health risk assessment, sensitive receptors associated with proposed residences and park were not included as part of the construction health risk assessment. The closest sensitive receptors in the vicinity of the plan area include single-family residential buildings located immediately south of Oak Park Boulevard and east of the plan area. Construction Residential Project Construction Asbestos Exposure Asbestos from Demolition The existing library and vacant administrative offices contain asbestos containing materials.29 The Residential Project includes demolition of on-site buildings and the removal of existing surfaces. Demolition of existing buildings or structures would be subject to BAAQMD Regulation 11, Rule 2 (Asbestos Demolition, Renovation, and Manufacturing), which is intended to limit asbestos emissions from demolition or renovation of structure and the associated disturbance of asbestos- containing waste material generated or handled during these activities. The rule addresses the national emissions standards for asbestos along with some additional requirements. The rule requires the Lead Agency and its contractors to notify the BAAQMD of any regulated renovation or demolition activity. This notification includes a description of structures and methods utilized to determine whether asbestos-containing materials are potentially present. All asbestos-containing material found on the site must be removed prior to demolition or renovation activity in accordance with BAAQMD Regulation 11, Rule 2, including specific requirements for surveying, notification, removal, and disposal of asbestos-containing materials. Therefore, projects that comply with BAAQMD Regulation 11, Rule 2 would ensure that asbestos-containing materials would be removed and disposed of appropriately and safely. By complying with BAAQMD Regulation 11, Rule 2, and 29 Stock Environmental Inc. (prepared for Environmental Assessment Specialist, Inc.). 2019. Asbestos and Lead Based Paint Sampling Report. March 22. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-49 thereby minimizing the release of airborne asbestos emissions, demolition activity would not result in a significant impact related to air quality or the exposure of sensitive receptors to substantial pollutant concentrations. As discussed in Section 3.7, Hazards, Hazardous materials, and wildfire, the asbestos-containing material and lead based paint survey conducted in March 2019 determined that the existing library and vacant administrative offices contains both asbestos-containing materials and lead based paint. The impacts and mitigation related to the removal of these materials is discussed in Impact HAZ-2. Civic Project and Residential Project Naturally Occurring Asbestos Construction in areas of rock formations that contain naturally occurring asbestos could release asbestos into the air and pose a health hazard. A review of the map containing areas more likely to have rock formations containing naturally occurring asbestos in California indicates that there are no areas likely containing naturally occurring asbestos in the immediate vicinity of the plan area.30 Therefore, it can be reasonably concluded that the implementation of the proposed plan would not expose sensitive receptors to naturally occurring asbestos during construction. Impacts would be less than significant. Construction Fugitive Dust Construction activities associated with development contemplated in the proposed plan would include demolition, site preparation, grading, building construction, paving, and architectural coating. Generally, the most substantial air pollutant emissions would be dust generated from site grading. If uncontrolled, these emissions could lead to both health and nuisance impacts. Construction activities would also temporarily create emissions of equipment exhaust and other air contaminants. The BAAQMD does not recommend a numerical threshold for fugitive, dust-related particulate matter emissions. Instead, the BAAQMD bases the determination of significance for fugitive dust on a consideration of the control measures to be implemented. If all appropriate emissions control measures recommended by the BAAQMD are implemented, then fugitive dust emissions during construction are not considered significant. MM AIR-2 includes the fugitive dust control measures recommended by the BAAQMD, thereby reducing this impact to less than significant. Construction Toxic Air Contaminants A Health Risk Assessment (HRA) is a guide that helps to determine whether current or future exposures to a chemical or substance in the environment could affect the health of a population. In general, risk depends on the following factors: • Identify the TACs that may be present in the air; • Estimate the amount of TACs released from all sources, or the source of particular concern, using air samples or emission models; 30 United States Geological Survey (USGS). 2011. Van Gosen, B.S., and Clinkenbeard, J.P. California Geological Survey Map Sheet 59. Reported Historic Asbestos Mines, Historic Asbestos Prospects, and Other Natural Occurrences of Asbestos in California. Open-File Report 2011-1188 Website: http://pubs.usgs.gov/of/2011/1188/. Accessed December 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-50 FirstCarbon Solutions • Estimate concentrations of TACs in air in the geographic area of concern by using dispersion models with information about emissions, source locations, weather, and other factors; and • Estimate the number of people exposed to different concentrations of the TAC at different geographic locations. During construction, the Civic Project and Residential Project would result in the emissions of TACs that could potentially impact nearby sensitive receptors. TACs are the air pollutants of most concern as it relates to sensitive receptors, as they have the greatest potential to pose a carcinogenic and non-carcinogenic (such as asthma and bronchitis) hazard to human health. The BAAQMD has defined health risk significance thresholds as discussed under Specific Thresholds of Significance above. These thresholds are represented as a cancer risk to the public and a non-cancer hazard from exposures to TACs. Cancer risk represents the probability (in terms of risk per million individuals) that an individual would contract cancer resulting from exposure to TACs continuously over a period of several years. Construction DPM Emissions DPM has been identified by the ARB as a carcinogenic substance. The principal TAC emission analyzed in this assessment was DPM from the operation of off-road equipment and diesel-powered delivery and worker vehicles during construction. For purposes of this analysis, DPM is represented as exhaust emissions of PM2.5. For the purpose of the analysis in this EIR, construction of the Civic Project and Residential Project is anticipated to begin as early as September 2019 and continue through July 2021. Construction assumptions are summarized above under Approach to Analysis. Construction DPM emissions (as PM2.5 exhaust) and total PM2.5 (PM2.5 exhaust and PM2.5 fugitive dust) were estimated using CalEEMod (version 2016.3.2) and are summarized in Table 3.2-18 below. Table 3.2-18: Proposed Plan Construction DPM (as PM2.5 Exhaust) and Total PM2.5 Emissions Parameter On-site DPM (grams/sec) Off-site DPM (grams/sec) On-site Total PM2.5 (grams/sec) Off-site Total PM2.5 (grams/sec) Annual Average Construction Emissions (No Mitigation) Unmitigated Emissions 1.628E-02 1.357E-05 3.117E-02 1.658E-04 Annual Construction Emissions (Tier IV Interim Mitigation) Mitigated Emissions 1.762E-03 1.357E-05 1.664E-02 1.658E-04 Note: Source: CalEEMod and FirstCarbon Solutions (FCS), see Appendix C. Estimation of Cancer Risks The BAAQMD has developed a set of guidelines for estimating cancer risks that provide adjustment factors that emphasize the increased sensitivities and susceptibility of young children to exposures City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-51 to TACs.31 These adjustment factors include age-sensitivity weighting factors, age-specific daily breathing rates, and age-specific time-at-home factors. The recommend method for the estimation of cancer risk is shown in the equations below with the cancer risk adjustment factors provided in Table 3.2-19 for several types of sensitive/residential receptors (infant, child, and adult). Cancer Risk = CDPM x Inhalation Exposure Factor (EQ-1) Where: Cancer Risk = Total individual excess cancer risk defined as the cancer risk a hypothetical individual faces if exposed to carcinogenic emissions from a particular source for specified exposure durations; this risk is defined as an excess risk because it is above and beyond the background cancer risk to the population; cancer risk is expressed in terms of risk per million exposed individuals. CDPM = Period average DPM air concentration calculated from the air dispersion model in µg/m3 Inhalation is the most important exposure pathway to impact human health from DPM and the inhalation exposure factor is defined as follows: Inhalation Exposure Factor = CPF x EF x ED x DBR x AAF/AT (EQ-2) Where: CPF = Inhalation cancer potency factor for the TAC: 1.1 (mg/kg-day)-1 for DPM EF = Exposure frequency (days/year) ED = Exposure duration (years of construction) AAF = set of age-specific adjustment factors that include age sensitivity factors (ASF), daily breathing rates (DBR), and time at home factors (TAH)—see Table 3.2-19 AT = Averaging time period over which exposure is averaged (days) The California Office of Environmental Health Hazards Assessment (OEHHA)-recommended values for the various cancer risk parameters shown in EQ 2, above, are provided in Table 3.2-19. Table 3.2-19: Exposure Assumptions for Cancer Risk Receptor Type Exposure Frequency Exposure Duration (years) Age Sensitivity Factors Time at Home Factor (%) Daily Breathing Rate(1) (l/kg-day) Hours/day Days/year Sensitive/Residential—Infant 3rd Trimester 24 350 0.25 10 85 361 0–2 years 24 350 1.66 10 85 1,090 31 Bay Area Air Quality Management District (BAAQMD) 2016. Air Toxics NSR Program Health Risk Assessment (HRA) Guidelines. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/rules-and-regs/workshops/2016/reg-2-5/hra- guidelines_clean_jan_2016-pdf.pdf?la=en. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-52 FirstCarbon Solutions Table 3.2-19 (cont.): Exposure Assumptions for Cancer Risk Receptor Type Exposure Frequency Exposure Duration (years) Age Sensitivity Factors Time at Home Factor (%) Daily Breathing Rate(1) (l/kg-day) Hours/day Days/year Sensitive Receptor—Child 3–16 years 24 350 1.91 3 72 572 Sensitive Receptor—Adult > 16 to 30 years 24 350 1.91 1 73 261 Notes: (1) The daily breathing rates recommended by the BAAQMD for sensitive/residential receptors assume the 95th percentile breathing rates for all individuals less than 2 years of age and 80th percentile breathing rates for all older individuals. (l/kg-day) = liters per kilogram body weight per day Source: Bay Area Air Quality Management District (BAAQMD). 2016. Air Toxics NSR Program Health Risk Assessment (HRA) Guidelines. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/rules-and- regs/workshops/2016/reg-2-5/hra-guidelines_clean_jan_2016-pdf.pdf?la=en Estimation of Non-cancer Chronic Hazards An evaluation of the potential non-cancer effects of chronic chemical exposures was also conducted. Adverse health effects are evaluated by comparing the annual receptor concentration of each chemical compound with the appropriate reference exposure level (REL). Available RELs promulgated by the OEHHA were considered in the assessment. Risk characterization for non-cancer health hazards from TACs is expressed as a hazard index (HI). The HI is a ratio of the predicted concentration of a project’s emissions to a concentration considered acceptable to public health professionals, termed the REL. To quantify non-carcinogenic impacts, the hazard index approach was used. HI = Cann/REL (EQ-3) Where: HI = chronic hazard index Cann = annual average concentration of TAC as derived from the air dispersion model (μg/m3) REL = reference exposure level above which a significant impact is assumed to occur (μg/m3) The hazard index assumes that chronic exposures to TACs adversely affect a specific organ or organ system (toxicological endpoint) of the body. For each discrete chemical exposure, target organs presented in regulatory guidance were used. To calculate the hazard index, each chemical concentration or dose is divided by the appropriate toxicity REL. For compounds affecting the same toxicological endpoint, this ratio is summed. Where the total equals or exceeds 1, a health hazard is presumed to exist. For purposes of this assessment, the TAC of concern is DPM, for which the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-53 OEHHA has defined a REL for DPM of 5 μg/m3. The principal toxicological endpoint assumed in this assessment was through inhalation. Air Dispersion Modeling Results An air dispersion model is a mathematical formulation used to estimate the air quality impacts at specific locations (receptors) surrounding a source of emissions given the rate of emissions and prevailing meteorological conditions. The air dispersion model applied in this assessment was the EPA American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD version 18081) air dispersion model that is approved by the BAAQMD for air dispersion assessments. Specifically, the AERMOD model was used to estimate levels of air emissions at sensitive receptor locations from the Civic Project and Residential Project construction DPM (as PM2.5 exhaust) emissions. The use of the AERMOD model provides a refined methodology for estimating construction impacts by utilizing long-term, measured representative meteorological data and a representative construction schedule. Terrain elevations were obtained using the AERMAP model, the AERMOD terrain data pre-processor. The urban dispersion option was used to describe the air dispersion in the local vicinity of the plan area. The air dispersion model assessment used meteorological data from the Metropolitan Oakland International Airport, which is approximately 17 miles southwest of the plan area. Receptor locations within the AERMOD model were placed at locations of existing residences and schools surrounding the plan area. To evaluate localized construction impacts, sensitive receptor height should be taken into account at the point of maximum impact. The emissions from the on- site construction exhaust source were assumed to be emitted at a height of 5 meters above ground to account for the top of the equipment exhaust stack where the emissions are released to the atmosphere and the increase in the height of the emissions due to its heated exhaust. The off-site construction vehicle emissions were represented in the AERMOD model as line volume sources with a release height of 3.1 meters for the DPM vehicles. The off-site vehicles were assumed to travel from eastward along Oak Park Boulevard towards Main Street for access to I-680. The estimated health and hazard impacts from construction emissions at the maximum impacted sensitive receptor (MIR) are provided in Table 3.2-20. The estimates shown in Table 3.2-20 and Table 3.2-21 include application of BMPs recommended by the BAAQMD, as required by MM AIR-2. Table 3.2-20: Proposed Plan Construction Health Risks and Hazards (Unmitigated) Health Impact Metric Cancer Risk (risk per million) Chronic Non-Cancer Hazard Index(2) Annual PM2.5 Concentration (μg/m3) Risks and Hazards at the MIR: Infant(1) 41.0 0.03 0.32 Risks and Hazards at the MIR: Child(1) 6.0 0.03 0.32 Risks and Hazards at the MIR: Adult(1) 0.9 0.03 0.32 BAAQMD Significance Threshold 10.0 1.0 0.3 Exceeds Individual Source Threshold? Yes No Yes City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-54 FirstCarbon Solutions Table 3.2-20 (cont.): Proposed Plan Construction Health Risks and Hazards (Unmitigated) Health Impact Metric Cancer Risk (risk per million) Chronic Non-Cancer Hazard Index(2) Annual PM2.5 Concentration (μg/m3) Notes: MIR = maximum impacted sensitive receptor 1 The MIR is a residence located approximately 160 feet east of the plan area, off Saint Lawrence Way. 2 Chronic non-cancer hazard index was estimated by dividing the annual average DPM concentration (as PM2.5 exhaust) by the REL of 5 μg/m3. Source: FirstCarbon Solutions (FCS) and CalEEMod, see Appendix C. As noted from Table 3.2-20, construction of the Civic Project and Residential Project would exceed two of the three applicable BAAQMD thresholds prior to the application of mitigation beyond that required by MM AIR-2. Specifically, the DPM concentration during construction of the Civic Project and Residential Project would exceed the applicable cancer risk significance threshold at the MIR for the infant scenario, and the annual total PM2.5 concentration during construction would exceed the applicable annual PM2.5 concentration significance threshold at the MIR. This would represent a potentially significant construction TACs exposure impact. However, MM AIR-3 requires the project sponsors to provide documentation to the City of Pleasant Hill that all off-road diesel-powered construction equipment greater than 50 horsepower meets EPA or ARB Tier IV Interim off-road emissions standards. Tier IV standards require that NOX and PM emission rates (grams per brake horsepower-hour), the prime targets of the federal “Tier” regulations, be reduced by approximately 90 percent compared to Tier III emission standards.32 Table 3.2-21 shows the health risks and non-cancer hazard index for construction with implementation of Tier IV Interim mitigation, as required by MM AIR-3. Table 3.2-21: Proposed Plan Construction Health Risks and Hazards (Mitigated) Health Impact Metric Cancer Risk (risk per million) Chronic Non-Cancer Hazard Index(2) Annual PM2.5 Concentration (μg/m3) Risks and Hazards at the MIR: Infant(1) 4.4 0.004 0.17 Risks and Hazards at the MIR: Child(1) 0.6 0.004 0.17 Risks and Hazards at the MIR: Adult(1) 0.1 0.004 0.17 BAAQMD Significance Threshold 10.0 1.0 0.3 Exceeds Individual Source Threshold? No No No Notes: MIR = maximum impacted sensitive receptor 1 The MIR is a residence located approximately 160 feet east of the plan area, off St Lawrence Way. 2 Chronic non-cancer hazard index was estimated by dividing the annual average DPM concentration (as PM2.5 exhaust) by the REL of 5 μg/m3. Source: FirstCarbon Solutions (FCS) and CalEEMod, see Appendix C. 32 California Air Resources Board (ARB). 2018. Non-road Diesel Engine Certification Tier Chart. Website: https://ww2.arb.ca.gov/resources/documents/non-road-diesel-engine-certification-tier-chart-pdf. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-55 Overall Overall, the construction sensitive receptors exposure to TACs impact would be less than significant with mitigation. Operation Civic Project and Residential Project Operational Toxic Air Contaminants The proposed plan includes a mix of uses that would include residential, library, and park uses, and there would be no on-site TAC source during operation. Unlike warehouses or distribution centers, the daily vehicle trips generated by the Civic Project and Residential Project would be primarily generated by passenger vehicles. Passenger vehicles typically use gasoline engines rather than the diesel engines that are found in heavy-duty trucks. Compared to the combustion of diesel, the combustion of gasoline had relatively low emissions of DPM. Consistent with BAAQMD guidance, an operational health risk analysis is not necessary, as the implementation of the proposed plan would not result in significant health impacts during operation. Operational CO Hotspots Localized high levels of CO (CO hotspot) are associated with traffic congestion and idling or slow- moving vehicles. The BAAQMD recommends a screening analysis to determine if a project’s operation has the potential to contribute to a CO hotspot. The screening criteria identify when site- specific CO dispersion modeling is not necessary. The implementation of the proposed plan would result in a less than significant impact related to air quality for local CO if any of the following screening criteria are met: • Screening Criterion 1: The proposed plan is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, regional transportation plan, and local congestion management agency plans; or • Screening Criterion2: Traffic associated with the proposed plan would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour; or • Screening Criterion 3: Traffic associated with the proposed plan would not increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, below-grade roadway). Screening Criterion 1 Contra Costa Transportation Authority (CCTA) serves as the Congestion Management Agency (CMA) for Contra Costa County. As the CMA, CCTA must prepare, per State law, a Congestion Management Program (CMP) and update it every 2 years. The CMP is meant to outline CCTA’s strategies for managing the performance of the regional transportation system within the Contra Costa County. A CMP must contain several components: (1) traffic level of service standards for State highways and principal arterials; (2) multi-modal performance measures to evaluate current and future systems; (3) a 7-year capital program of proposed projects to maintain or improve the performance of the system or mitigate the regional impacts of land use proposed projects; (4) a program to analyze the City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-56 FirstCarbon Solutions impacts of land use decisions; and (5) a travel demand element that promotes transportation alternatives to the single-occupant vehicle. As indicated in Section 3.14, Transportation, the proposed plan would not conflict with any program, plan, ordinance, or policy addressing the addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities with implementation of MM TRANS-1a, MM TRANS-1b (Civic Project only), MM TRANS-1c (Civic Project only), and MM TRANS-1d. Accordingly, the proposed plan would be consistent with the screening Criterion 1 with implementation of the identified mitigation measures. Screening Criteria 2 and 3 The transportation impact assessment (included as Appendix J) identified AM, afternoon, PM, and weekend peak-hour traffic volumes for 17 intersections affected by the implementation of the proposed plan. The maximum peak-hour intersection volume would occur at Patterson Boulevard/Putnam Boulevard/Oak Park Boulevard in the “Cumulative with Plan” scenario during the PM peak-hour. The estimated cumulative traffic volume at this intersection is 2,123 AM peak-hour trips. This level of peak-hour trips is substantially less than BAAQMD’s second and third screening criteria of 44,000 vehicles per hour and 24,000 vehicles per hour respectively. The implementation of the proposed plan would not result in an increase of traffic volumes at affected intersections to more than 44,000 vehicles per hour and would not increase traffic volumes at affected intersections to more than 24,000 where vertical or horizontal mixing is substantially limited; accordingly, the proposed plan is consistent with screening Criteria 2 and 3. Since the proposed plan would meet at least one of the three screening criteria prior to the incorporation of mitigation, the proposed plan’s impact related to air quality for local CO emissions would be less than significant. Overall Overall, the operational sensitive receptors exposure to TACs impact would be less than significant. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM AIR-2 and the following: MM AIR-3 Use Construction Equipment That Meets Tier IV Off-road Emission Standards Civic Project and Residential Project: During construction activities, all off-road equipment with engines greater than 50 horsepower shall meet either EPA or ARB Tier IV Interim off-road emission standards. The construction contractor for the Civic Project and for the Residential Project shall maintain records concerning its efforts to comply with this requirement, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-57 If engines that comply with Tier IV Interim off-road emission standards are not commercially available, then the construction contractor for the Civic Project and for the Residential Project shall use the next cleanest piece of off-road equipment (e.g., Tier III) available. For purposes of this mitigation measure, “commercially available” shall mean the availability of Tier IV Interim engines taking into consideration factors such as (i) critical-path timing of construction; and (ii) geographic proximity to the Civic Project and Residential Project of equipment. The contractor can maintain records for equipment that is not commercially available by providing letters from at least two rental companies for each piece of off-road equipment where the Tier IV Interim engine is not available. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Objectionable Odors Exposure Impact AIR-4: The proposed plan would not result in other emissions (such as those leading to odors adversely affecting a substantial number of people). Odors can cause a variety of responses. The impact of an odor often results from interacting factors such as frequency (how often), intensity (strength), duration (time), offensiveness (unpleasantness), location, and sensory perception. Two circumstances have the potential to cause odor impacts: 1) A source of odors is proposed to be located near existing or planned receptors; or 2) A receptor land use is proposed near an existing or planned source of odor. To determine significance for this impact, the first circumstance was applied. The BAAQMD’s CEQA Air Quality Guidelines provides suggested screening distances for a variety of odor-generating land uses and operations, as shown in Table 3.2-12, which are based on distance between types of sources known to generate odor and the receptor. Projects that would site an odor source or a receptor farther than the applicable screening distance, shown in Table 3.2-12, would not result in a significant odor impact. Construction Civic Project and Residential Project Construction Odors at Existing Odor Sensitive Receptors Diesel exhaust and ROG would be emitted during construction, the odors of which are objectionable to some. However, construction activity would be short-term and finite in nature. Furthermore, equipment exhaust odors would dissipate quickly, and are common in an urban environment. As such, the construction of the Civic Project and Residential Project would not create objectionable odors affecting a substantial number of people during construction. Therefore, construction odor impacts at existing off-site odor sensitive receptors would be less than significant. Plan Area as an Odor Sensitive Receptor Since there are no existing odor sensitive receptors within the plan area, no construction odor impacts in terms of the plan area as an odor sensitive receptor would occur. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-58 FirstCarbon Solutions Operation Civic Project and Residential Project Operational Odors at Existing Off-site Odor Sensitive Receptors As shown in Table 3.2-22, land uses considered associated with odors typically include agricultural operations (dairies, feedlots, etc.), landfills, wastewater treatment plants, refineries, and other types of industrial land uses. The proposed plan does not propose any of these land uses or other land uses typically associated with emitting objectionable odors. During operation of the Civic Project and Residential Project, potential sources of odor would primarily consist of vehicles traveling to and from the site. Exhaust from mobile sources are not typically associated with numerous odor complaints but are known to have temporary and less concentrated odors. Because exhaust from mobile sources disperse rapidly and would be unlikely to reach nearby sensitive receptors, these occurrences would not produce a significant amount of odors adversely affecting a substantial number of people. Therefore, operational odor impacts at existing off-site odor sensitive receptors would be less than significant. Plan Area as an Odor Sensitive Receptor The plan area is not located in the vicinity of agricultural operations (e.g., dairies, feedlots, etc.), landfills, asphalt batch plants, or chemical manufacturing; however, there are several land uses within the screening distances shown in the BAAQMD’s guidance. These land uses include a water utility company (located at 2861 Buena Vista Avenue, Walnut Creek), Waste Management Service (located at 2658 North Main Street Walnut Creek), and several auto-body repair shops that could perform on-site painting/coating operations. Public records requests were filed with the BAAQMD to obtain the most recent odor compliant history for possible sources within the vicinity of the plan area. Based on the responses from the BAAQMD Public Records Section, none of potential sources of odor had have received any confirmed complaints over the last ten-year period. Therefore, there are no land uses within the screening distances shown in Table 3-3 of the BAAQMD’s guidance that have received five or more confirmed complaints per year for any recent 3-year period. The implementation of the proposed plan would not place odor sensitive receptors near an existing or planned source of odor affecting a substantial number of people. Therefore, operational odor impacts in terms of the plan area as an odor sensitive receptor would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 3.2.5 - Cumulative Impacts Criteria Air Pollutants The BAAQMD considers the emission levels for which a project’s individual emissions would be cumulatively significant. As such, if a project exceeds the identified thresholds of significance, its emissions would be significant in terms of both project- and cumulative-level impacts, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. As stated in the BAAQMD 2017 CEQA Guidelines, additional analysis to assess cumulative impacts is unnecessary. Rather, the determination of cumulative air quality impacts for construction and operational emissions is based on whether the project would result in regional emissions that exceed BAAQMD City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-59 regional thresholds of significance for construction and operations on a project level. Projects that generate emissions below the BAAQMD significance thresholds would be considered consistent with regional air quality planning efforts would not generate cumulatively significant emissions. See Impacts AIR-1 and AIR-2 for analysis and discussion of the cumulative air quality management plan consistency and criteria air pollutant emissions impacts. Overall, Impacts AIR-1 and AIR-2 determined that the cumulative construction and operational criteria air pollutant emissions impacts would be less than significant with mitigation. Toxic Air Contaminants Construction Emissions at Existing Maximum-impacted Air Pollution Sensitive Receptor The BAAQMD recommends assessing the potential cumulative impacts from sources of TACs within 1,000 feet of a project site. For the proposed plan, the cumulative impact assessment quantified the cumulative impacts from TAC emission sources located within 1,000 feet of the plan area in addition to the maximum TAC emissions from implementation of the proposed plan. For cumulative-level TACs analysis, BAAQMD provides three tools for use in screening potential cumulative sources of TACs. These tools are: • Surface Street Screening Tables. The BAAQMD pre-calculated potential cancer risk and PM2.5 concentration increases for each county within their jurisdiction. The look-up tables are used for roadways that meet BAAQMD’s “major roadway” criteria of 10,000 vehicles or 1,000 trucks per day. Risks are assessed by roadway volume, roadway direction, and distance to sensitive receptors. The segment of Oak Park Boulevard located between I-680 and Monticello Avenue is estimated to carry approximately 11,670 annual average daily trips33 and is located within the plan area boundary, approximately 20 feet south of the proposed library. Oak Park Boulevard is located approximately 437 feet south of the MIR identified in the analysis of the proposed plan’s construction-related health risk impacts. • Freeway Screening Analysis Tool. The BAAQMD prepared a Google Earth file that contains pre-estimated cancer risk, hazard index, and PM2.5 concentration increases for highways within the Bay Area. Risks are provided by roadway link and are estimated based on elevation and distance to the sensitive receptor. There are no freeways located within 1,000 feet of the plan area boundary. • Stationary Source Risk and Hazard Screening Tool. The BAAQMD prepared a Google Earth file that contains the locations of all stationary sources within the Bay Area that have BAAQMD permits. For each emissions source, the BAAQMD provides conservative cancer risk and PM2.5 concentration increase values. There is one stationary source identified by this screening tool that is located within approximately 1,000 feet of plan area or the proposed project’s MIR. Table 3.2-22 lists the cumulative health impacts at the MIR estimated to occur during construction of the Civic Project and Residential Project. As discussed in Impact AIR-3, the MIR during construction was determined to be a residence located approximately 160 feet east of the plan area, off St. 33 City of Pleasant Hill. 2015. Revised Circulation Element. April. Website: https://www.ci.pleasant- hill.ca.us/DocumentCenter/View/15021/1-13-15-Draft-Circulation-Amendment-REVISED-Final?bidId=. Accessed August 13, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-60 FirstCarbon Solutions Lawrence Way. Note that there are no existing air pollution sensitive receptors within the plan area that could be affected by cumulative construction TACs emissions. Table 3.2-22: Cumulative Construction Air Quality Health Impacts at the MIR Source Source Type Distance from MIR (feet) (1) Cancer Risk (per million) Chronic Non- Cancer HI PM2.5 Concentration (μg/m3) Proposed Plan Unmitigated Civic and Residential Construction Construction Emissions 160 41.0 0.03 0.32 Existing Stationary Sources (BAAQMD Facility Number) G11826 Gasoline Dispensing Facility(2) 737 0.65 0.001 NA Local Road(3) (>10,000 AADT) Oak Park Boulevard Traffic on Local Road 437 1.03 ND 0.024 Cumulative Health Risks from Proposed Plan Construction and Existing TAC Sources Cumulative Total at MIR with Construction of the Civic Project and Residential Project(1) 42.68 0.031 0.344 BAAQMD Cumulative Thresholds of Significance 100 10 0.8 Threshold Exceedance? No No No Notes: MIR = maximum impacted sensitive receptor NA = not available ND = no data available AADT = annual average daily traffic (1) The MIR is a residence located approximately 160 feet east of the plan area, off St Lawrence Way. (2) Health impacts from this gasoline dispensing facility were corrected using the BAAQMD’s Distance Adjustment Multiplier Tool for Gasoline Dispensing Facilities Tool. (3) The cancer risks screening analysis for stationary sources, roadways and highways sources updated in 2011 use the 2010 BAAQMD Health Risks Guidance. The cancer risks were corrected by a factor of 1.12 to incorporate the latest 2016 cancer risk guidance published by the BAAQMD that includes the latest assumptions on estimation of cancer risks for a 30-year exposure duration. http://www.baaqmd.gov/~/media/files/planning-and-research/rules-and- regs/workshops/2016/reg-2-5/hra-guidelines_clean_jan_2016-pdf.pdf?la=en Source: FirstCarbon Solutions (FCS) and CalEEMod, see Appendix C. As noted above in Table 3.2-22, the cumulative health impacts at the MIR from existing TAC emission sources located within 1,000 feet, combined with the Civic Project and Residential Project unmitigated construction-related emissions would not exceed the BAAQMD’s recommended cumulative health significance thresholds. Therefore, the cumulative impact during construction would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Air Quality FirstCarbon Solutions 3.2-61 Operational Emissions at Plan Area as an Air Pollution Sensitive Receptor When siting a new sensitive receptor (such as residential and park uses), the BAAQMD also recommends that the analysis include an evaluation of TACs that could adversely affect individuals within a planned project. Therefore, the BAAQMD screening analysis was applied at the Civic Project and Residential Project sites for conditions at build-out. Table 3.2-23 summarizes the cumulative health impacts within the plan area at buildout. Table 3.2-23: Cumulative Operation Air Quality Health Impacts at the Plan Area Source Source Type Distance from Plan Area (feet) Cancer Risk (per million) Chronic Non- Cancer HI PM2.5 Concentration (μg/m3) Existing Stationary Sources (BAAQMD Facility Number) G11826 Gasoline Dispensing Facility(1) 900 0.468 0.001 NA Local Road(2) (>10,000 AADT) Oak Park Boulevard Traffic on Local Road 20 5.449 ND 0.128 Cumulative Health Risks from Proposed Plan Construction and Existing TAC Sources Cumulative Total at MIR with Proposed Plan Construction 5.917 0.001 0.128 BAAQMD Cumulative Thresholds of Significance 100 10 0.8 Threshold Exceedance? No No No Notes: MIR = maximum impacted sensitive receptor NA = not available ND = no data available AADT = annual average daily traffic (1) Health impacts from this gasoline dispensing facility were corrected using the BAAQMD’s Distance Adjustment Multiplier Tool for Gasoline Dispensing Facilities Tool. (2) The cancer risks screening analysis for stationary sources, roadways and highways sources updated in 2011 use the 2010 BAAQMD Health Risks Guidance. The cancer risks were corrected by a factor of 1.12 to incorporate the latest 2016 cancer risk guidance published by the BAAQMD that includes the latest assumptions on estimation of cancer risks for a 30-year exposure duration. http://www.baaqmd.gov/~/media/files/planning-and-research/rules-and- regs/workshops/2016/reg-2-5/hra-guidelines_clean_jan_2016-pdf.pdf?la=en Source: FirstCarbon Solutions (FCS) and CalEEMod, see Appendix C. As noted in Table 3.2-23, the cumulative health impacts from existing TAC emission sources located within 1,000 feet of the plan area would not exceed the BAAQMD’s cumulative health significance thresholds. Therefore, the cumulative operational TACs impacts would be less than significant. Overall, the cumulative construction and operational TACs impacts would be less than significant. Level of Cumulative Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Air Quality Draft EIR 3.2-62 FirstCarbon Solutions Cumulative Mitigation Measures Implement MM AIR-2, MM AIR-3, and MM GHG-1 (Civic Project and Residential Project) Level of Cumulative Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-1 3.3 - Biological Resources 3.3.1 - Introduction This section describes the existing biological resources conditions in the Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to biological resources that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on site reconnaissance surveys of the plan area that included wetland assessment/due diligence memo, California red-legged frog (Rana draytonii) habitat assessment, Jurisdictional Delineation, as well as a plan-specific arborist report and biological constraints reports contained in Appendix D. The following comments were received during the Environmental Impact Report (EIR) scoping period related to biological resources: • Request that mitigations measures address all direct and indirect (temporary and permanent) plan impacts and cumulative impacts and include implementation of a Lake and Streambed Alteration Agreement; • Concern regarding impacts to Grayson Creek; and • General concern regarding impacts to biological resources. 3.3.2 - Environmental Setting Records Searches and Pedestrian Surveys to Identify Existing Biological Resources Literature Review The literature review provides a baseline from which to evaluate the biological resources potentially occurring in the plan area, as well as in the surrounding area. FirstCarbon Solutions (FCS) Biologists examined existing environmental documentation for the plan area and immediate vicinity. This documentation included the arborist report and biological constraints report noted above; relevant biological studies for the plan area; relevant literature pertaining to the habitat requirements of special-status species potentially occurring near the plan area; and federal and State register listings, protocols, and species data provided by the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW). Elevation and Drainage FCS Biologists reviewed current United States Geological Survey (USGS) 7.5-minute topographic quadrangle map(s) and aerial photographs as a preliminary analysis of the existing conditions within the plan area and immediate vicinity. Information obtained from the review of the topographic maps included elevation range, general watershed information, and potential drainage feature locations.1 Aerial photographs provide a perspective of the most current site conditions relative to on-site and off-site land use, plant community locations, and potential locations of wildlife movement corridors. 1 United States Geological Survey (USGS). 2019 USGS Maps. Website: https://www.usgs.gov/products/maps/map-topics/overview. Accessed February 12, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-2 FirstCarbon Solutions Soils FCS Biologists also reviewed United States Department of Agriculture (USDA) soil surveys to establish if soil conditions in the plan area are suitable for any special-status plant species.2 These soil profiles include soil series with similar thickness, arrangement, and other important characteristics. The soil series consist of separate soil mapping units that provide specific information regarding soil characteristics. Many special-status plant species have a limited distribution based exclusively on soil type. Therefore, pertinent USDA soil survey maps were reviewed to determine the existing soil mapping units within the plan area and to establish if soil conditions are suitable for any special- status plant species.3 Special-Status Wildlife and Plant Species FCS Biologists compiled a list of threatened, endangered, and otherwise special-status species previously recorded within the general plan area vicinity. The list was based on a search of the CDFW California Natural Diversity Database (CNDDB),4 a special-status species and plant community account database, and the California Native Plant Society (CNPS) Electronic Inventory (CNPSEI) of Rare and Endangered Vascular Plants of California database5 for the Walnut Creek, California USGS 7.5-minute topographic quadrangle map. The database search results can be found in Appendix D. The CNDDB Biogeographic Information and Observation System (BIOS) database6 was used to determine the distance between known recorded occurrences of special-status species and the plan area. Trees FCS Biologists reviewed applicable City ordinances pertaining to tree preservation and protective measures and their tree replacement conditions or permits required, specifically the Pleasant Hill Municipal Code Section 18.50.110. Additionally, FCS Biologists reviewed Section 18.50.150, which governs creek setbacks, and performed a technical review of the arborist report prepared for the plan area. Jurisdictional Waters and Wetlands FCS Biologists reviewed USGS topographic maps and aerial photography to identify potential natural drainage features and water bodies. In general, surface drainage features identified as blue-line streams on USGS maps and linear patches of vegetation are expected to exhibit evidence of flows and considered potentially subject to State and federal regulatory authority as “waters of the United States and/or State.” FCS also reviewed a 2017 United States Army Corp of Engineers (USACE) jurisdictional determination for Grayson Creek.7 FCS Biologists conducted a preliminary wetland assessment of the 2 United States Department of Agriculture (USDA). Web Soil Survey. 2019 Soil Survey. Website: https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed February 12, 2019. 3 Ibid. 4 California Department of Fish and Wildlife (CDFW). 2019 Rarefind. Website: https://map.dfg.ca.gov/rarefind/view/RareFind.aspx. Accessed February 12, 2019. 5 California Native Plant Society (CNPS). 2019. Rare and Endangered Plant Inventory. Website: http://rareplants.cnps.org/. Accessed February 12, 2019. 6 California Department of Fish and Wildlife (CDFW). 2005. Biogeographic Information and Observation System (BIOS 5). Website: https://map.dfg.ca.gov/bios/. 7 United States Army Corps of Engineers (USACE). 2017. Jurisdictional Determination. Website: https://www.spn.usace.army.mil/Portals/68/docs/regulatory/Jurisdictional%20Determinations/2017/SPN-2015- 00459_AJD_9.25.17.pdf . Accessed July 22, 2019 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-3 plan area in March 2018 to determine the location of any existing jurisdictional features and to aid in determining if a formal delineation of waters of the United States or State is necessary.8 Field Surveys On March 28, 2018, an FCS Biologist conducted a reconnaissance-level field survey of the plan area and surrounding area up to 100 feet where possible. The reconnaissance-level survey was conducted on foot during daylight hours. The purpose of the survey was not to extensively search for every species occurring within the plan area, but to ascertain general site conditions and identify potentially suitable habitat areas for various special-status plant and wildlife species. Special-status or unusual biological resources identified during the literature review were ground-truthed during the reconnaissance-level survey for mapping accuracy. Special attention was paid to sensitive habitats and areas potentially supporting special-status floral and faunal species. In addition, on January 30, 2019, FCS Biologists conducted a California red-legged frog (CRLF) habitat assessment to determine the potential presence of the species given the habitat conditions present adjacent to and within Grayson Creek. Physical Habitat/Vegetation Habitat is an area consisting of a combination of resources (e.g., food, cover, water) and environmental conditions (e.g., temperature, precipitation, and presence or absence of predators and competitors) that promotes occupancy by individuals of a species and enables those individuals to survive and reproduce. Thus, habitat arises from interaction among soils, hydrology, climate, and vegetation. Soils, hydrology, and climate are addressed in other sections of this EIR; this habitat discussion includes information regarding vegetation. City of Pleasant Hill The City of Pleasant Hill is largely composed of urban and developed areas. Undeveloped areas with habitat communities in the City consist primarily of Mediterranean plant associations, but vary depending on microclimate. There are several waterways that provide habitat for wetland and riparian species of flora and fauna. In addition, there are various open space areas that display grassland and shrubland/chaparral habitat. Overall, these natural areas are small in size and generally isolated areas surrounded by urban development. Plan Area The area east of Monticello Avenue is currently undeveloped, while the area west of Monticello Avenue contains the existing library and administrative offices. The plan area is surrounded by a public park and Pleasant Hill Middle School to the north, commercial development to the west, and residential development to the east and south. The plan area also contained buildings that were originally utilized for an elementary school, which ceased operation in 1976; subsequently, these buildings were then taken over by a series of non-profits until 2008; all buildings and hardscape were demolished in 2009. Grayson Creek is located within the eastern portion of the Civic Project site. Biotic habitats found in the plan area include Urban/Developed, Ruderal, Riparian Woodland, and Creek (Exhibit 3.3-1). The plan area includes two project components associated with 8 Wetland Assessment Memo. 2018. FirstCarbon Solutions (FCS). City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-4 FirstCarbon Solutions redevelopment, the Civic Project Site and the Residential Project site, which are described in detail in the following text. Civic Project This property is undeveloped and contains habitat classified as ruderal, non-native grassland. Vegetation characteristic of ruderal vegetation includes non-native grasses and other weedy species. Vegetation consisted of pampas grass (Cortaderia selloana), common vetch (Vicia sativa), burclover (Medicago polymorpha) and curly dock (Rumex crispus). Additionally, recent tire tract marks were present at the time of the survey, signifying a high level of disturbance and activity. As previously described, the site was formerly developed as an elementary school, which ceased operation in 1976. The buildings were utilized by a series of non-profits until 2008; all buildings and hardscape were demolished in 2009. Grayson Creek Corridor contains riparian vegetation along a perennial stream in nutrient rich soils, with moderate slopes. These areas are subject to frequent inundation and can help control sediment erosion. The creek supports a mix of native and introduced species. Species observed consisted of valley oak (Quercus lobata), coast live oak (Quercus agrifolia), olive (Olea europaea), acacia (Acacia spp.), silk tree (Albizia julibrissin), dallis grass (Paspalum dilatatum), cattails (Typha spp.), Johnson grass (Sorghum halepense), and field hedge parsley (Torilis arvensis). Vegetation along Monticello Avenue and Oak Park Boulevard consists of planted, ornamental species of trees, such as carob, Canary Island pine (Pinus canariensis), and Monterey pine (Pinus radiata). Residential Project This property contains an existing library and administrative offices. Existing habitat is classified as urban/developed, indicating areas that have been constructed upon or otherwise physically altered to an extent that native vegetation is no longer supported and retains no soil substrate. Developed land is characterized by permanent or semi-permanent structures, pavement, or hardscape, and landscaped areas that often require irrigation. This property contains impervious surfaces, buildings and is highly developed. Vegetation consists of several species of planted, ornamental trees, such as cypress (Cupressus spp.), juniper (Juniperus spp.), carob tree (Ceratonia siliqua) as well as associated shrubs and bushes, such as California sage (Artemisia californica), California lilac (Ceanothus spp.), and coyote brush (Baccharis pilularis). Sensitive Biological Communities Biological communities are assemblages of organisms that live within or use a variety of habitats for their range-of-life functions. Of the habitat communities discussed above, some are further identified as sensitive biological communities. For the purpose of this document, sensitive biological communities are defined as habitats that fulfill special functions or have special values (e.g., greater biological diversity), such as wetlands, streams, and riparian habitat. Because wildlife is a major aspect of a biological community, this discussion of sensitive biological communities describes wildlife present in such communities. 42820009 • 08/2019 | 3.3-1_existing_habitat_within_plan_area.mxd Exhibit 3.3-1Existing Habitat within Plan Area Source: Bing Aerial Imagery. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLANENVIRONMENTAL IMPACT REPORT 300 0 300150 Feet Legend Plan Area Developed Riparian Woodland Ruderal Creek THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-7 City of Pleasant Hill The sensitive biological communities present within the City are mainly areas associated with riparian corridors. There are a variety of areas that may be considered sensitive biological communities, dependent on the aggregations of plant and wildlife species that potentially occur in these areas. They include, but are not limited to, mixed oak woodland, riparian woodland, evergreen forests, chaparral forests, redwood forests, and native grasslands. Plan Area Grayson Creek, located along the eastern perimeter of the plan area, and within the Civic Project site, is considered a sensitive biological community displaying vegetation commonly found in riparian areas. In these areas, riparian vegetation along streambanks provides unique habitat to fish and other aquatic wildlife. Wetlands and Waters of the United States and the State Wetlands and waters of the United States and waters of the State are protected as hydrological resources, but also often provide habitat for common and special-status species. Types of water features include open water, developed open water, tidal marsh, seasonal wetland, wetlands swale, and waters. Contra Costa County Area Wetlands, waters of the United States, and waters of the State in the Contra Costa County area occur primarily near the coast in the San Pablo Bay, Suisun Bay, and their associated features. Additionally, there are several reservoirs, such as the San Pablo reservoir, Briones reservoir, and Los Vaqueros reservoir. Plan Area An FCS Biologist completed a focused wetland assessment on March 28, 2018, which was prepared on April 6, 2018, to determine the potential presence of any jurisdictional wetlands. Subsequently, an FCS Biologist completed a jurisdictional delineation on June 5, 2019, which was prepared on July 17, 2019. The delineation identified 810 linear-feet of potential waters of the United States in the form of Grayson Creek. The plan area lacks wetland hydrology and hydric soils, and is unlikely to contain jurisdictional wetlands. Based on field observations, Grayson Creek displays a defined bed and bank and has indicators of perennial water flow. Additionally, the creek flows northward into the Suisun Bay via Pacheco Creek. Due to these characteristics, Grayson Creek, in the eastern portion of the plan area and within the Civic Project site, is likely to be a considered and regulated as waters of the United States and State. Common Species The vegetation community and land cover types discussed above provide habitat for a limited number of local wildlife species. The previously disturbed nature of the plan area in addition to the high level of traffic and development surrounding the plan area allow for a limited number of wildlife species to occur. The majority of plant species that can tolerate disturbed and fragmented habitat conditions are generally invasive species and non-native species. The small number of wildlife species observed on or City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-8 FirstCarbon Solutions near the plan area primarily consisted of avian species identified by song or sight. The numerous trees within the plan area boundaries offer suitable habitat for a variety of nesting birds. During the March 2018 field survey, biologists detected the following species on or near the plan area by sight or vocalizations: mourning dove (Zenaida macroura), California scrub jay (Aphelocoma californica), and house finch (Haemorhous mexicanus). In addition, Live Oak Associates Inc. detected several other species of birds, such as Anna’s hummingbird (Calypte anna), rock pigeon (Columba livia) and American crow (Corvus brachyrhynchos), Nuttall’s woodpecker (Picoides nuttallii), northern flicker (Colaptes auratus), and several other species of birds commonly found in urban areas. Special-Status Species Habitat, whether aquatic or terrestrial, supports ecological functions and processes to preserve biological communities (i.e., wildlife) that live within it for all or a portion of their life cycle. Special- status species, whether plants, wildlife, or fish, are considered sufficiently rare that they require special consideration and/or protection and have been or should be listed as rare, threatened, or endangered by the federal and/or State governments. Special-status species are defined as meeting one or more of the following criteria: • Listed or proposed for listing under the California Endangered Species Act (CESA) or the Federal Endangered Species Act (FESA); • Protected under other regulations (e.g. Migratory Bird Treaty Act [MBTA]); • California Department of Fish and Wildlife Species of Special Concern; • Plant species ranked by the California Native Plant Society; or • Receive consideration during environmental review under California Environmental Quality Act (CEQA). The following discussion focuses on the occurrence or potential for occurrence of special-status species in the plan area. Special-Status Plants in the Plan Area Special-status plant communities are considered sensitive biological resources when federal, state, or local laws regulate their development, limited distributions, and habitat requirements of special- status plant or wildlife species that occur within them. The Special-Status Plant Species Table (Appendix D) identifies 18 special-status plant species. The table is based partly on the FCS field visit, the Biological Constraints Analysis performed by Live Oak Associates, Inc., and species that have been recorded to occur within the Walnut Creek, California quadrangle, as recorded by the CNDDB and CNPSEI.9,10 The table also includes each species’ status, required habitat, and potential to occur within the plan area. 9 California Department of Fish and Wildlife (CDFW). 2019 Rarefind. Website: https://map.dfg.ca.gov/rarefind/view/RareFind.aspx. Accessed February 12, 2019. 10 California Native Plant Society (CNPS). 2019. Rare and Endangered Plant Inventory. Website: http://rareplants.cnps.org/. Accessed February 12, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-9 Of the 18 special status plant species that are listed in the special species stable, none are expected to occur within the plan area. This is due to a combination of factors but mainly can be contributed to the high level of disturbance, lack of suitable habitat—most notably serpentine soils and rock outcroppings—and the lack of observations during FCS’s field survey of the plan area and surrounding areas. Special-Status Wildlife in the Plan Area The Special-Status Wildlife Species Table (Appendix D) identifies nine special-status wildlife species with the potential to occur regionally. The table is based on the field surveys, the biological constraints report, the CRLF habitat assessment, and the species that have been recorded to occur within the Walnut Creek, California quadrangle, as recorded by the CNDDB and CNPSEI.11,12 The table also includes each species’ status, required habitat, and potential to occur within the plan area. Note that FCS Biologists conducted a focused habitat assessment for the CRLF (Appendix D) and determined this species to be likely absent from the plan area given current habitat conditions. Of the nine special-status wildlife species listed in the special species table, three have the potential to occur, albeit low, within or adjacent to the plan area boundaries. These three species are further described below. Mammals Townsend’s big-eared bat The Townsend’s big-eared bat (Corynorhinus townsendii) is a California Species of Special Concern that occurs throughout California in a wide variety of habitats. The species may roost in buildings, hanging from walls and ceilings. The plan area contains marginal foraging habitat due to the presence of Grayson Creek within the Civic Project site; however, the species is extremely sensitive to human disturbance and thus, has low potential to occur. Pallid bat The Pallid bat (Antrozous pallidus) is a California Species of Special Concern that is found in grasslands, shrublands, woodlands, and forests. Most common in open, dry habitats with rocky areas for roosting. While both the plan area contains marginal foraging habitat, this species is very sensitive to human disturbance and as such, has a low potential to occur. Reptiles Western Pond Turtle The western pond turtle (Actinemys marmorata) is a California Species of Special Concern and has no federal status. This species is primarily aquatic and habitat includes ponds, marshes, rivers, streams, and irrigation ditches with aquatic vegetation. This species only leaves aquatic habitat to reproduce and to overwinter. This species requires basking sites and suitable (grassy open fields) upland habitat for egg-laying. Eggs are buried in nests that are usually found within 250 meters of 11 California Department of Fish and Wildlife (CDFW). 2019 Rarefind. Website https://map.dfg.ca.gov/rarefind/view/RareFind.aspx. Accessed February 12, 2019. 12 California Native Plant Society (CNPS). 2019. Rare and Endangered Plant Inventory. Website: http://rareplants.cnps.org/. Accessed February 12, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-10 FirstCarbon Solutions water. This species has a low potential to occur given the urban setting of the plan area coupled with the lack of deep pooling features within Grayson Creek within the Civic Project site. Birds Migratory and Nesting Birds Trees within the plan area provide suitable nesting habitat for various avian species, including those protected under the MBTA. Some species protected under the MBTA that have the potential to occur within the plan area include white-tailed kite (Elanus leucurus) and northern harrier (Circus hudsonius). Wildlife Movement Corridors Contra Costa County Area Terrestrial habitat throughout Contra Costa County ranges from high to low quality and varies in accessibility and continuity for wildlife movement. Wetland and riparian habitats along coastal areas and inland reservoirs provides wildlife movement corridors for numerous fish and bird species. In addition, the Pacific Flyway (a major north-south flyway for migratory birds in America) encompasses the entire West Coast, and migrating bird species utilize the wetland and riparian habitats, especially the Suisun marshes and estuaries in San Pablo Bay, for foraging and resting. Plan Area Grayson Creek and its associated habitat have the potential to support terrestrial, avian, and aquatic wildlife movement in and out of the plan area. The Civic Project site within the plan area consists of fragmented habitat, non-native grassland, and dense urban development that further impedes the movement of these species. Protected Trees Plan Area Trees are regulated under Section 18.50.110 of the Pleasant Hill Municipal Code. Section 18.50.110 protects any native oak tree or indigenous tree with a trunk diameter measurement of 9 inches or larger. Indigenous trees include but are not limited to the red alder (Alnus oregona), bigleaf maple (Acer macrophyllum), California buckeye (Aesculus californica), madrone (Arbutus menziesii), California bay laurel (Umbellularia californica), California black walnut (Juglans hindsii), California sycamore (Platanus racemosa), or elderberry (Sambucus mexicana). The code also protects non- native trees (not including eucalyptus) with a trunk diameter measurement of 18 inches or larger. Non-native trees include species such as coastal redwood (Sequoia sempervirens), Canary Island pine (Pinus halepensis), Aleppo pine (Pinus pinea), Italian stone pine (Pinus radiata), American elm (Ulmus americana), Chinese elm (Ulmus parvifolia), Siberian elm (Ulmus pumila), American sweet gum (Liquidambar Styraciflua), deodar cedar (Cedrus deodara), atlas cedar (Cedrus atlantica), shamel ash (Fraxinus uhdei), white ash (Fraxinus american), raywood ash (Fraxinus augustifolia), Cypress species (Cupressus), fruit/fruitless mulberry (Morus alba), black locust (Robinia pseudoacacia), Callery pear (Pyrus calleryana), camphor (cinnamomum camphora). There are 302 existing trees representing 29 species plus multiple subspecies of oak, pine, eucalyptus, and ash totaling 38 throughout the entire plan area. The arborist report (Appendix D) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-11 lists the location, species, and health of all trees found in the plan area. Table 3.3-1 summarizes the tree species within the plan area: Table 3.3-1: Tree Species in the Plan Area Tree Species Civic Project Residential Project Oak (multiple species) 90 25 Pine (multiple species) 13 29 Cedar — 5 Carob 10 — Palm 2 — Almond 1 — Walnut 7 — Acacia 9 — Mulberry 14 — Elm 4 — London Plane 10 — Cypress 8 1 Elderberry 1 — Ash (multiple species) 7 — Glossy privet 1 1 Sweetgum 1 17 Hollywood juniper — 6 Crepe myrtle — 5 Ginkgo 2 1 Koelrenteria 1 — Eucalyptus (multiple species) 1 12 Madrone — 1 Boxelder 1 — Olive 10 — Black locust 1 — California pepper 1 — Honey locust 2 — Catalpa 1 — Willow 1 — Total 199 103 City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-12 FirstCarbon Solutions 3.3.3 - Regulatory Framework Federal Federal Endangered Species Act The USFWS administers the Federal Endangered Species Act (FESA). The United States Congress passed FESA in 1973 to protect those species that are endangered or threatened with extinction. FESA provides a process for listing species as either threatened or endangered, and methods of protecting listed threatened and endangered species. FESA defines as “endangered” any plant or animal species that is in danger of extinction throughout all or a significant portion of its known geographic range. A “threatened” species is a species that is likely to become endangered. A “proposed” species is one that has been officially proposed by the USFWS for addition to the federal threatened and endangered species list. According to FESA Section 9, “take” of threatened or endangered species is prohibited. FESA prohibits the “take” of endangered or threatened wildlife species. “Take” is defined to include harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting wildlife species or any attempt to engage in such conduct (FESA § 3(3)(19)). Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns (50 Code of Federal Regulations [CFR] § 17.3). Harass is defined as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns (50 CFR § 17.3). Actions that result in take can result in civil or criminal penalties. FESA and Clean Water Act (CWA) Section 404 Guidelines prohibit the issuance of CWA permits for projects or plans that jeopardize the continued existence of any federally listed endangered species or threatened species or result in the destruction or adverse modification of critical habitat designated for such species. The USACE must consult with the USFWS and/or the National Marine Fisheries Service (NOAA) when threatened or endangered species under their jurisdiction may be affected by a proposed federal action. In the context of the proposed plan, FESA would apply to development that (1) results in take of a federally threatened or endangered species; or (2) the issuance of a Section 404 permit or other federal agency action that may result in take of a federally threatened or endangered species; or (3) if the proposed federal action would result in the destruction of/or adverse modification of critical habitat of such a species. Migratory Bird Treaty Act Raptors (birds of prey), migratory birds, and other avian species are protected by a number of State and federal laws. The federal MBTA prohibits the killing, possessing, or trading of migratory birds except in accordance with regulations prescribed by the Secretary of Interior. Clean Water Act The USACE regulates discharge of dredge or fill material into waters of the United States under Section 404 of the CWA. “Discharges of fill material” is defined as the addition of fill material into waters of the United States, including, but not limited to the following: placement of fill that is necessary for the construction of any structure, or impoundment requiring rock, sand, dirt, or other City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-13 material for its construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; fill for intake and outfall pipes and subaqueous utility lines (33 CFR § 328.2(f)). In addition, Section 401 of the CWA (33 United States Code [USC] 1341) requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the United States to obtain a certification that the discharge will comply with the applicable state water quality standards. In California, the term “waters of the United States,” indicates resources that are subject to jurisdiction of the Clean Water Act (CWA) as defined by the 2015 Clean Water Rule:13 (1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters, including interstate wetlands; (3) The territorial seas; (4) All impoundments of waters otherwise identified as waters of the United States under this section; (5) All tributaries, of waters identified in paragraphs (1) through (3) of this section; (6) All waters adjacent to a water identified in paragraphs (1) through (5) of this section, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters; (7) Western vernal pools, where they are determined, on a case-specific basis, to have a significant nexus to a water identified in paragraphs (1) through (3). Vernal pool identified in this paragraph shall not be combined with waters identified in paragraph (6) when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (6), they are an adjacent water and no case-specific significant nexus analysis is required. Wetlands are a subset of waters of the United States and receive protection under Section 404 of the CWA. The federal definition of wetlands is the following: Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The Section 404(b)(1) guidelines regarding the implementation of Section 404 of the CWA mandate that filling wetlands be avoided unless it can be demonstrated that the project is the least 13 United States Environmental Protection Agency (EPA) and United States Army Corps of Engineers (USACE), Clean Water Rule: Definition of “Waters of the United States,” 80 Fed. Reg. 37053 (June 29, 2015). City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-14 FirstCarbon Solutions environmentally damaging practicable alternative.14 The USACE has primary federal responsibility for administering regulations that concern waters and wetlands. State California Endangered Species Act The State of California enacted CESA in 1984. CESA is similar to FESA but pertains to State-listed endangered and threatened species. CESA requires State agencies to consult with the CDFW regarding the potential take of State listed threatened or endangered species. The purpose is to ensure that the State lead agency actions do not jeopardize the continued existence of a listed species or result in the destruction, or adverse modification of habitat essential to the continued existence of those species, if there are reasonable and prudent alternatives available (Fish and Game Code [FGC] § 2080). CESA directs agencies to consult with the CDFW on projects or plans that could affect listed species, directs the CDFW to determine whether jeopardy would occur and allows the CDFW to identify “reasonable and prudent alternatives” to a project or plan consistent with conserving the species. CESA allows the CDFW to authorize exceptions to the State’s prohibition against take of a listed species if the “take” of a listed species is incidental to carrying out an otherwise lawful project or plan that has been approved under CEQA (FGC § 2081). Special-Status Natural Communities Special-status natural communities, as identified by CDFW’s Natural Heritage Division, are those that are naturally rare and those whose extent has been greatly diminished through land use changes. The CNDDB tracks 135 such natural communities in the same way that it tracks occurrences of special-status species: by maintaining information about each site’s location, extent, habitat quality, level of disturbance, and current protection measures. The CDFW is mandated to seek the long- term perpetuation of the areas in which these communities occur. Although no Statewide laws require protection of all special-status natural communities, CEQA requires consideration of the potential impacts of a project or plan on biological resources of Statewide or regional significance. California Department of Fish and Game Codes Fully protected fish species are protected under Fish and Game Code, Section 5515; fully protected amphibian and reptile species are protected under Section 5050; fully-protected bird species are protected under Section 3511; and fully protected mammal species are protected under Section 4700. The California Fish and Game Code defines take as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” Except for take related to scientific research, all take of fully protected species is prohibited. Section 3503 of the California Fish and Game Code prohibits the killing of birds or the destruction of bird nests. Section 3503.5 prohibits the killing of raptor species and the destruction of raptor nests. Sections 2062 and 2067 define endangered and threatened species. The CDFW is a trustee agency that has jurisdiction under Section 1600 et seq. of the California Fish and Game Code. Under Sections 1602 and 1603, a private party must notify the CDFW if a project or plan will “substantially divert or obstruct the natural flow or substantially change the bed, channel, 14 For project permits issued under the CWA pursuant to a nationwide permit, the analysis of the least environmentally damaging practicable alternative has already been completed by the federal government. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-15 or bank of any river, stream, or lake designated by the department, or use any material from the streambeds . . . except when the department has been notified pursuant to Section 1601.” Additionally, the CDFW may assert jurisdiction over native riparian habitat adjacent to aquatic features, including native trees over 4 inches in diameter at breast height (DBH). If an existing fish or wildlife resource may be substantially adversely affected by the activity, the CDFW may propose reasonable measures that will allow protection of those resources. California Department of Fish and Wildlife Species of Concern In addition to formal listing under FESA and CESA, species receive additional consideration by CDFW and local lead agencies during the CEQA process. Species that may be considered for review are included on a list of “Species of Special Concern,” developed by the CDFW. The CDFW tracks species in California whose numbers, reproductive success, or habitat may be threatened. In addition to Species of Special Concern, the CDFW identifies animals that are tracked by the CNDDB, but warrant no federal interest and no legal protection. These species are identified as California Special Animals. California Native Plant Protection Act State listing of plant species began in 1977 with the passage of the California Native Plant Protection Act (NPPA), which directed CDFW to carry out the Legislature’s intent to “preserve, protect, and enhance endangered plants in this state.” The NPPA gave the California Fish and Game Commission the power to designate native plants as endangered or rare and to require permits for collecting, transporting, or selling such plants. CESA expanded on the original NPPA and enhanced legal protection for plants. CESA established categories for threatened and endangered species and grandfathered all rare animals—but not rare plants—into the Act as threatened species. Thus, the State of California employs three listing categories for plants: rare, threatened, and endangered. The CNPS maintains a rank of plant species native to California that has low population numbers, limited distribution, or are otherwise threatened with extinction. This information is published in the Inventory of Rare and Endangered Vascular Plants of California. Potential impacts to populations of CNPS ranked plants receive consideration under CEQA review. The following identifies the definitions of the CNPS ranks: • Rank 1A: Plants presumed Extinct in California • Rank 1B: Plants Rare, Threatened, or Endangered in California and elsewhere • Rank 2: Plants Rare, Threatened, or Endangered in California, but more numerous elsewhere • Rank 3: Plants about which we need more information—A Review List • Rank 4: Plants of limited distribution—A Watch List All plants appearing on CNPS List ranked 1 or 2 are considered to meet CEQA Guidelines Section 15380 criteria. While only some of the plants ranked 3 and 4 meet the definitions of threatened or endangered species, the CNPS recommends that all Rank 3 and Rank 4 plants be evaluated for consideration under CEQA. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-16 FirstCarbon Solutions Porter-Cologne Water Quality Control Act Section 13260(a) of the Porter-Cologne Water Quality Control Act (contained in the California Water Code) requires any person discharging waste or proposing to discharge waste, other than to a community sewer system, within any region that could affect the quality of the waters of the State (all surface and subsurface waters) to file a report of waste discharge. The discharge of dredged or fill material may constitute a discharge of waste that could affect the quality of waters of the State. The waterway within the plan area is likely considered waters of the State, which are protected under this Act. Historically, California relied on its authority under Section 401 of the CWA to regulate discharges of dredged or fill material to waters of the United States. Section 401 requires an applicant to obtain “water quality certification” from the State Water Resources Control Board (State Water Board) through its Regional Water Quality Control Boards (RWQCBs) to ensure compliance with State water quality standards before certain federal licenses or permits may be issued. The permits subject to Section 401 include permits for the discharge of dredged or fill materials (CWA § 404 permits) issued by the USACE. RWQCB’s typically waived waste discharge requirements under the Porter-Cologne Water Quality Control Act for projects or plans that also required Section 401 certification. Following the U.S. Supreme Court’s decision Rapanos v. United States, 547 U.S. 715 (2006) which limited the jurisdiction of wetlands under the CWA, RWQCB’s now generally rely on the report of waste discharge process to regulate discharges into waters of the State. California Code of Regulations (Wetlands and Waters Definition) The State Water Board indicates that no single accepted definition of wetlands exists at the State level, and that RWQCBs may have different requirements and levels of analysis with regard to the issuance of water quality certifications. Generally, an area is a wetland if, under normal circumstances: (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation. Under California State law, waters of the State means “any surface water or groundwater, including saline waters, within the boundaries of the state.” As such, water quality laws apply to both surface water and groundwater. After the U.S. Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (53 USC 159), the Office of Chief Counsel of the State Water Board released a legal memorandum confirming the State’s jurisdiction over isolated wetlands. The memorandum stated that under the California Porter-Cologne Water Quality Control Act, discharges to wetlands and other waters of the State are subject to State regulation, and this includes isolated wetlands. In general, the State Water Board regulates discharges to isolated waters in much the same way as it does for waters of the United States, using Porter-Cologne rather than CWA authority. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-17 The CDFW is a trustee agency that has jurisdiction under Section 1600 et seq. of the California Fish and Game Code. Under Sections 1602 and 1603, a private party must notify the CDFW if a project or plan will “substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designated by the department, or use any material from the streambeds…except when the department has been notified pursuant to Section 1601.” Additionally, the CDFW may assert jurisdiction over native riparian habitat adjacent to aquatic features, including native trees over 4 inches DBH. If an existing fish or wildlife resource may be substantially adversely affected by the activity, the CDFW may propose reasonable measures that will allow protection of those resources. If the applicant agrees to these measures, the applicant may enter into an agreement with the CDFW identifying the covered activities, impacts to CDFW jurisdictional features, and compensatory mitigation. Local Pleasant Hill 2003 General Plan Community Development Element The proposed plan will be required to abide by all applicable policies contained in the Pleasant Hill 2003 General Plan. Specifically: Community Development Goals and Policies • Goal 20: Preserve open space areas, hillsides and natural features. • Policy 20A: Ensure that open space and undeveloped hillsides remain free of future development. • Goal 21: Preserve and reclaim streams, wetlands and riparian areas to function as open space. • Policy 21A: Require reclamation of degraded streams, wetlands and riparian areas, including wildlife migration corridors, where possible in cooperation with the Flood Control District. • Goal 22: Protect native species and their habitat. • Policy 22A: Minimize the impacts of development on plants and animals, including sensitive habitat and migration corridors. Pleasant Hill Municipal Code The Pleasant Hill Municipal Code establishes the following guiding and implementing policies associated with biological resources, including the Pleasant Hill Tree Preservation Ordinance provisions that are relevant to the proposed plan: Section 18.50.110 Tree preservation A. Permit required. No person, firm, corporation, private or public utility or governmental entity shall remove, relocate, excessively trim, damage or demolish a protected tree or heritage tree prior to obtaining a tree removal permit from the zoning administrator or approval from another applicable city decision-making body pursuant to subsection C, I or J of this section. City-initiated projects or plans shall also be subject to all of the provisions of this chapter unless specifically exempted by the city council. 1. Protected trees. The term “protected tree” means any of the following: a. Any native oak tree with a trunk diameter measurement of nine inches or larger. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-18 FirstCarbon Solutions b. Any indigenous tree with a trunk diameter measurement of nine inches or larger. Indigenous trees include but are not limited to: Alnus Oregona (Red Alder), Acer Macrophyllum (Bigleaf Maple), Aesculus Californica (California Buckeye), Arbutus Menziesii (Madrone), Umbellularia Californica (California Bay or Laurel), Juglans Hindsii (California Black Walnut), Platanus Racemosa (California Sycamore), or Sambucus Mexicana (Elderberry). c. A nonnative tree (not including Eucalyptus) with a trunk diameter measurement of 18 inches or larger. Nonnative trees include species such as Sequoia Sempervirens (Coastal Redwood), Pinus Canariensis (Canary Island Pine), Pinus Halepensis (Aleppo Pine), Pinus Pinea (Italian Stone Pine), Pinus Radiata (Monterey Pine), Ulmus Americana (American Elm), Ulmus Parvifolia (Chinese Elm), Ulmus Pumila (Siberian Elm), Liquidambar Styraciflua (American Sweet Gum), Cedrus Deodara (Deodar Cedar), Cedrus Atlantica (Atlas Cedar), Fraxinus Uhdei (Shamel Ash), Fraxinus American (White Ash), Fraxinus Augustifolia (Raywood Ash), Cupressus (Cypress species), Morus Alba (Fruit/Fruitless Mulberry), Chinese Pistache, Robinia Pseudoacacia (Black Locust), Pyrus Calleryana (Bradford Pear), Cinnamomum Camphora (Camphor). d. Any tree shown to be preserved on an approved tentative map, development or site plan or required to be retained as a condition of approval or environmental mitigation measure. e. Any tree required to be planted as a replacement for an unlawfully removed tree. f. Any tree designated as a “heritage tree” pursuant to subsection E of this section. 2. Arborist report required. Any application for a tree removal permit shall include a letter report prepared by a certified arborist addressing the health/condition of the tree, the rationale for removal, the feasibility of any alternatives to removal, and any recommendations for replacement trees. 3. Criteria for tree removal review. The zoning administrator, or other applicable city decision-making body, shall consider the following factors in determining whether to approve the removal of a tree or trees: a. Health or physical condition of the tree; b. Any potential hazard or any risk presented by the tree determined using the ANSI A- 300, part 9 Standard for Tree Risk Assessment; c. Whether the tree is causing a public nuisance and/or a public safety hazard; d. Potential for the tree to be a detriment to other protected trees due to its location, overcrowding, or its health; e. Evidence of significant damage to property caused, or likely to be caused, by the tree; f. Any potential historic or cultural significance of the tree; g. Whether the tree substantially inhibits sunlight necessary for the operation of active or passive solar heating, cooling or energy generation and trimming or thinning is not a feasible alternative to removal; h. Whether the tree is obstructing proposed improvements that cannot be reasonably designed to avoid tree removal; City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-19 i. Whether the tree is located in close proximity to a structure in a high fire hazard area and removal is necessary to create defensible space per applicable fire safety laws, regulations or Fire District requirements; j. Whether preservation of the tree(s) would render a site undevelopable and the planning commission or city council has determined that no economically viable use can be made of underlying or adjacent property if the tree is not removed and that every reasonable effort has been made to retain the tree; k. Feasibility of alternatives to removal of the tree (for example, depending on the circumstances, abandonment in place of a natural gas pipeline that is over 30 years old and relocation of the pipeline may be deemed a feasible alternative); l. Any other circumstances deemed relevant by the zoning administrator or other city decision-making body based on site conditions, technical analyses, and/or the location of the tree. 4. Third-party peer review arborist. When deemed necessary by the zoning administrator or other applicable city decision-making body, a third-party peer review prepared by a certified arborist, board certified master arborist or registered consulting arborist may be required (at the cost of the applicant) to: (a) review the applicant’s arborist report and/or tree preservation and replacement plan, (b) physically inspect and evaluate the tree(s) proposed for removal, and (c) provide a written analysis to include the peer review arborist’s findings, and recommendations. The peer review arborist’s comments may also include recommendations regarding tree replacement. 5. Replacement trees required. a. Replacement ratios. Unless otherwise specified by the zoning administrator or other applicable city decision-making body, the replacement ratios for tree removal shall be as follows: i. A protected native or indigenous tree approved for removal shall be replaced by at least two 15-gallon trees on the project site or in the plan area. ii. A protected nonnative tree approved for removal shall be replaced by at least one 15-gallon tree on the project site or in the plan area. iii. In addition to the replacement requirements in subsections A.5.a.i and/or ii of this section, removal of any protected tree (native, indigenous or nonnative), as part of an area-wide program and/or discretionary development plan, that is located within or adjacent to the public right-of-way along Contra Costa Boulevard or within or adjacent to the Iron Horse Trail, may also be subject to additional mitigation requirements to address potential community-wide impacts of removals. Such additional mitigation, if required by the applicable city decision-making body, may include, but not be limited to, proportionate mitigation for adverse effects (individual and cumulative) on biological values, aesthetics, loss of shade, economic vitality, air quality, vehicle speed, community identity, and other similar factors, resulting directly or indirectly from tree removal, that have the potential to cause adverse community-wide social, economic or environmental effects due, in part, to the substantial length of time required for replacement trees to reach the same level of maturity and therefore provide the same functionality and benefits as the trees that are removed. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-20 FirstCarbon Solutions b. Replacement tree species. The species of the replacement trees shall be approved by the zoning administrator or other applicable city decision-making body. c. Off-site replacement. Off-site tree replacement may be considered in the event that the project site or plan area already has a significant mature tree population, to prevent overcrowding or infringement on existing structures, provided adequate provisions for maintenance of the replacement tree are specified, subject to approval by the planning commission. d. Replacement infeasible. Where the planning commission or city council has determined that on-site or off-site replacement of trees is not currently feasible, the planning commission or city council may, at its discretion, allow the applicant to make an in lieu payment to the city for provision of off-site trees at the ratio recommended in subsection A.5.a of this section. The in lieu fee shall be based on the estimated value of the replacement tree(s) including any installation and maintenance costs. If the zoning administrator or other applicable city decision- making body determines that on-site or off-site replacement would not be feasible (due to lack of adequate space on site or lack of a suitable and available off-site location), the tree replacement requirement may be reduced or waived, as appropriate. For trees removed within or adjacent to Contra Costa Boulevard and/or within or adjacent to the Iron Horse Trail, additional mitigation for each tree removed may be required as specified in subsection A.5.a.iii of this section. e. Maintenance. Replacement trees shall be properly maintained by the permittee to ensure their survival. Replacement trees on single family residential sites shall be maintained for a minimum of two years after planting. Replacement trees on all other sites shall be maintained as noted in any landscape maintenance agreement and/or city approved landscape plan or tree preservation and replacement plan applicable to the site. B. Exemptions. A tree removal permit is not required prior to removal of a protected tree under any of the following circumstances: 1. Removal is determined necessary by fire department personnel actively engaged in fighting a fire. 2. Immediate removal is required to prevent imminent danger to life or property, such as with a “hazardous tree” as defined in subsection G.4 of this section or if necessary to restore utility service within 48 hours of a storm, and the city manager or his/her designee has been notified of the removal at the earliest opportunity, and it is not feasible to obtain a permit prior to removal (in which case a tree removal permit shall be submitted within five days of removal to ensure that the provisions of this chapter and any other applicable provisions of the municipal code or applicable land use entitlements are satisfied). 3. The tree is held for sale as part of a licensed nursery business. 4. A subdivider or developer need not obtain a separate tree removal permit to remove, relocate or demolish a tree designated as “To Be Removed” on an approved subdivision map (tentative map or parcel map) or development plan provided that the tree removal has been reviewed and approved by the decision-making body for the subdivision map and/or development plan based on the criteria in subsection A.3 of this section and a City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-21 tree preservation and replacement plan has been approved pursuant to subsection C of this section. 5. The zoning administrator determines that the tree is dead. The zoning administrator may require submittal of a report from a licensed arborist if deemed necessary to verify the condition of the tree. A fee shall not be required for a determination by the zoning administrator that a tree is dead. Dead trees that are removed shall not require replacement unless located on a site with a city-approved landscape plan or landscape maintenance agreement, in which case, the dead tree shall be replaced on a 1:1 basis. 6. Tree trimming that does not constitute “excessive trimming” as defined in this chapter. 7. If a governmental entity or a public or private utility believes it is exempt from this section by federal or state statute, regulation or administrative order, such entity shall provide a copy of such statute, regulation or order to the zoning administrator for approval. C. Tree preservation and replacement plan. A tree preservation and replacement plan prepared by a state licensed or certified professional shall be submitted by the applicant in conjunction with any discretionary land use entitlement application that includes removal of protected trees (excluding an entitlement involving only one single-family residence where the zoning administrator may administratively require tree protection measures as needed if a proposed development has the potential to adversely impact a protected tree); in addition, a tree preservation and replacement plan may also be required by the zoning administrator or other applicable city decision-making body as a condition of tree removal permit approval. The tree preservation and replacement plan shall be subject to the review and approval of the zoning administrator or other applicable city decision making body and shall include: 1. A map and inventory showing the location, species, health rating, size, and a unique tree number for all trees on the site. The trees to be removed, relocated, or demolished shall be labeled “To Be Removed” or marked with an “X” and the inventory shall indicate by notation why removal of each tree is necessary based on the criteria included in subsection A.3 of this section. 2. A report from a certified arborist, board certified master arborist or registered consulting arborist describing the condition of all existing trees, the anticipated impacts of grading, trenching and construction on the protected trees and recommending specific protective measures to be implemented prior to commencement of grading or construction to minimize potential adverse impacts on protected trees. The report shall designate tree protection zones (TPZ) for each protected tree and/or group of protected trees that are proposed to remain on site and the additional measures such as protective fencing, staking and signage necessary to avoid inadvertent damage to protected trees during grading and construction. The TPZ is a restricted activity zone where soil disturbance, storage or parking of vehicles, storage of any other materials or chemicals and/or alteration of drainage is not permitted, unless otherwise approved by the city. All required tree protection measures shall also be included with the grading and/or construction documents for the development. 3. A replanting plan prepared by a licensed landscape architect or other professional approved by the city for replacement of each tree removed as required by the zoning administrator or other applicable city decision-making body. The planting plan shall City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-22 FirstCarbon Solutions include replacement trees as required pursuant to subsection A.5 of this section and shall conform with ANSI A-300 Standard Part XXX (Planting). 4. Provisions to ensure ongoing maintenance of any required replacement trees. D. Performance security. To ensure the safety and well-being of existing protected trees that may be impacted by grading or construction and/or any replacement trees required to be planted pursuant to this chapter, the zoning administrator or other applicable city decision- making body may, at its discretion, require an applicant to post a cash deposit or other performance security acceptable to the city guaranteeing that each such tree will be protected against harm from grading or construction and will be adequately maintained. The performance security must be posted with the zoning administrator prior to issuance of grading permits and shall be governed by the following provisions: 1. The zoning administrator shall establish the amount of the performance security which shall be equal to the estimated value of the protected trees. 2. The performance security shall remain in effect for a period of five years (or two years for single-family residential sites) following the date of final inspection and acceptance of the project or plan by the City. 3. The performance security shall provide that if the city determines that a protected tree has been removed, permanently damaged, or destroyed due to development activity during the effective period of the performance security, the city is entitled to recover the face amount of the performance security. 4. If, at the expiration of the effective period of the performance security the city determines that the protected trees have not been removed, permanently damaged, or destroyed due to development activity, the performance security shall be refunded or the surety bond terminated. E. Heritage trees. Notwithstanding any other provisions of this chapter, a tree which is enrolled in the city’s heritage tree program may not be removed, relocated, damaged or demolished, and no permit or tree preservation and replacement plan authorizing such action may be issued, unless the zoning administrator or other applicable city decision- making body determines that there exists a hazard to property or danger of disease or infection to surrounding healthy trees. 1. Eligibility. Any tree in the city with a trunk diameter measurement of 16 inches or more or any tree grouping in the city with at least one tree of this diameter is eligible for enrollment in the heritage tree program, with the consent of the property owner. 2. Enrollment. The zoning administrator shall review and approve applications for enrollment in the heritage tree program unless an eligible tree or tree grouping is unhealthy and cannot be saved. F. Conditions. The zoning administrator or other applicable city decision-making body may impose reasonable conditions of approval on a tree removal permit, consistent with the purposes of this chapter, to ensure safe and unobtrusive tree removal, replacement, relocation, and demolition; maintenance of replacement trees; and protection of trees not approved to be removed. It shall be a violation of this chapter for any property owner or agent of the owner to fail to comply with any condition of approval or other requirement pursuant to this chapter. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-23 18.50.150 Creek setbacks A. Regulation. No person may place a structure (as defined in subsection B of this section), perform grading, or place fill material in a creek setback area unless: 1. The property is adjoining a concrete channel owned by a public agency; or 2. The structure, grading or fill was legally existing as of February 24, 2010. Such a structure, grading or fill may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under PHMC § 18.65.030.C; or 3. The property qualifies for an exception under subsection C of this section. Depth of Creek Creek Setback Area, from Top of Creek Bank Up to 5 feet 5 feet Over 5–10 feet 10 feet Over 10–15 feet 15 feet Over 15 feet subject to City Engineer review (The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank.) Structure means: a structure as defined in PHMC § 18.140.010. Examples of structures include, but are not limited to: a house addition or second unit; garage; swimming pool or hot tub; arbor; shed; deck; retaining wall; and wall of concrete, masonry or stone. If any uncertainty exists, the zoning administrator shall determine whether or not a structure is regulated. (PHMC § 18.10.040.A) The top of the creek bank means the highest edge of the creek channel at the location where the structure, grading or fill is proposed, as determined by the director of public works and community development. 3.3.4 - Impacts and Mitigation Measures The 2019 CEQA Guidelines Appendix G, identify the following questions, to determine whether impacts related to biological resources are significant environmental effects. Would the proposed plan: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-24 FirstCarbon Solutions c) Have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Approach to Analysis FCS Biologists evaluated impacts on biological resources based on the likelihood that special-status species, sensitive habitats, wildlife corridors, and protected trees are present within the plan area, and the likely effects of construction or operation on these resources. For the purposes of this EIR, the word “substantial” as used in the significance thresholds above is defined by the following three principal components: • Magnitude and duration of the impact (e.g., substantial/not substantial), • Uniqueness of the affected resource (rarity), and • Susceptibility of the affected resource to disturbance. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of biological resources impacts resulting from implementation of the proposed plan. • Result in direct take or habitat removal or alteration for candidate, sensitive, or special-status species. • Remove vegetation or damage water quality related to riparian habitat or other sensitive natural community. • Remove, fill, or damage a federally protected wetland. • Interrupt fish movement in an aquatic channel or impede terrestrial movement via a land corridor. • Remove, damage, or replace trees designated as protected by the City of Pleasant Hill Tree Ordinance. • Conflict with the provisions of an applicable habitat conservation plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-25 Impact Evaluation Special-Status Species Impact BIO-1: The proposed plan could have a substantial adverse effect, either directly or indirectly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Construction An impact to special-status plant and wildlife species would be considered significant if construction of the Civic Project or Residential Project resulted in a substantial, adverse change in any of the physical conditions through habitat modification, or impacts to special-status species within the plan area. Civic Project Proposed construction within the Civic Project site has the potential to adversely impact special- status wildlife species. Most notably, the Civic Project would remove potential nesting habitat throughout the Civic Project site, through vegetation removal associated with the construction of a new library, park, athletic fields, and road improvements. Construction of the Civic Project could also temporarily impact the Grayson Creek area through the installation/replacement of three stormwater pipe outfalls to the Creek. Special-Status Plant Species Special-status plant species or communities are unlikely to occur on the Civic Project site, based on multiple database searches, literature review, and on-site field survey observations. The Special- Status Species Table (Appendix D) provides both the habitat description and a description of the potential for special-status plant species to occur on the Civic Project site. The Civic Project site does not contain suitable habitat components for special-status plant species, including vernal pools, chaparral, serpentine soils, and coastal scrub. None of the 18 special-status plant species identified in the Special-Status Species Table were observed or expected to be present on the Civic Project site. Based on FCS Biologist field surveys, the project-specific biological constraints report, and the lack of suitable habitat coupled with the level of disturbance experienced on the Civic Project site, no impacts to special-status plants or plant communities are expected to result from construction of the Civic Project. Special-Status Wildlife Species Three special-status wildlife species (Townsend’s big-eared bat, pallid bat, and western pond turtle) as well as birds protected under the MBTA have the potential to occur on the Civic Project site. The western pond turtle has the potential to occur due to the marginal habitat found within Grayson Creek. Townsend’s big-eared and the pallid bat have the potential to occur due to marginal roosting habitat found in mature oak and pine forested areas, as well as foraging habitat present within the creek corridor, and around light posts. Furthermore, birds protected under the MBTA have the potential to occur based on the presence of suitable nesting and foraging habitat found within the Grayson Creek Corridor. Construction within the Civic Project site would remove trees and would City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-26 FirstCarbon Solutions generate disturbance within the Grayson Creek Corridor, therefore rendering the site temporarily unsuitable for the special-status species listed above because of noise, vibrations, and increased activity levels associated with the construction activities. Temporary impacts could also include a temporary reduction in nesting habitat through the removal of trees. Both of these circumstances represent a potentially significant impact. However, implementation of Mitigation Measure (MM) BIO-1a, MM BIO-1b, and MM BIO-1c would require biological clearance surveys prior to commencement of construction activities and, if species protected pursuant to the Migratory Bird Treaty Act are present, require necessary buffer zones. Buffer zones would be established by a qualified biologist, and would be identified in consultation with the CDFW, where required. The Civic Project also would establish 252 trees throughout the Civic Project site to compensate for removals associated with construction (159 trees as part of the new library, 23 trees as part of the new park, and a minimum of 70 trees along Oak Park Boulevard and Monticello Avenue). In addition, MM BIO-2b would require that the City file a notification of Lake and Streambed Alteration Agreement with CDFW and implement measures to avoid and minimize impacts to riparian habitat. Design measures and best management practices will be implemented that restrict the use and location of the types of construction equipment to be utilized after clearance surveys have been completed. The Civic Project would also be required to adhere to the City’s noise ordinance policy and MM NOI-1 (described in more detail in Section 3.10, Noise, under Impact NOI- 1) to reduce noise impacts during construction activities. The City would obtain the applicable State and federal permits required to address potential impacts to wildlife habitat within the Grayson Creek Corridor. The permits would require the City to avoid, minimize and compensate for potential impacts to wildlife and or riparian habitat during construction of the Civic Project through appropriate mitigation measures (described in more detail under MM BIO-2a and MM BIO-2b). Therefore, impacts to special-status wildlife expected to result from construction of the Civic Project would be less than significant with the implementation of mitigation measures prescribed above. Residential Project Proposed construction of the Residential Project site would require demolition of existing buildings and hardscaped/paved areas, including administrative offices, the County library building, the paved parking lot, trees, and landscaping. These impacts have the potential to adversely impact special- status wildlife species through the removal and disturbance of potential nesting habitat. Special-Status Plant Species Special-status plant species or communities are unlikely to occur on the Residential Project site, based on multiple database searches, literature review, and on-site field survey observations. The Special-Status Species Table (Appendix D) provides both the habitat description and the rationale of the potential of special-status plant species to occur on the Residential Project site. The Residential Project site does not contain suitable habitat components for special-status plant species, including vernal pools, chaparral, serpentine soils, and coastal scrub. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-27 None of the 18 special status plant species in the Special-Status Species Table are present on the Residential Project site. Based on Biologist field surveys, the project-specific biological constraints report, and the lack of suitable habitat coupled with the level of disturbance that has occurred on the Residential Project site, no impacts to special-status plants or plant communities are expected to result from construction of the Residential Project. Special-Status Wildlife Species Both the Townsend’s big-eared bat and the pallid bat have the potential to occur on the Residential Project site due to the roosting habitat found within the vacant buildings, in mature trees surrounding the buildings, as well as marginal foraging habitat present around light posts. Additionally, birds protected under the MBTA have the potential to occur based on both suitable nesting and foraging habitat found within mature vegetation on the Residential Project site. Construction within the Residential Project site would remove trees, rendering the site temporarily unsuitable for the special-status species listed above because of noise, vibrations, and increased activity levels associated with the construction activities. This would represent a potentially significant impact. However, MM BIO-1a and MM BIO-1b would require biological clearance surveys prior to commencement of construction activities and, if bird nests or bats are present, require necessary buffer zones of at least 50 feet (for common migratory species) and up to 300 feet (for large raptors) to be established by a qualified Biologist, in consultation with the CDFW. The Residential Project also would establish 216 trees throughout the Residential Project site to compensate for removals associated with construction. The Residential Project would also be required to adhere to the City’s noise ordinance policy and MM NOI-1 (described in more detail in Section 3.10, Noise, under Impact NOI-1) to reduce noise during construction activities. Therefore, impacts to special-status wildlife due to the construction of the Residential Project would be less than significant with the mitigation measures prescribed above. Operation Civic Project The Civic Project site would increase traffic on local roadways and introduce stationary noise sources through the operation of new recreational facilities. The Civic Project site is located in a highly urbanized environment surrounded by single-family housing, multiple existing recreation facilities, and highly trafficked roadways. As noted in Section 3.10, Noise, noise emitted from the operation of the Civic Project would be within established standards and thus would not constitute a significant impact to wildlife species. Remaining potential impacts related to the operation of the Civic Project potential effect on special-status species are limited to construction impacts. As such, all operational impacts would be considered less than significant. Residential Project The Residential Project site would increase stationary noise associated through the installation of mechanical ventilations systems. Similar to the Civic Project site, noise emitted from the operation City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-28 FirstCarbon Solutions of the Residential Project site would not generate noise levels that would exceed the City’s noise thresholds. Furthermore, the Residential Project site is located in a highly urbanized environment surrounded by single-family housing, multiple existing recreation facilities, and highly trafficked roadways and would generally function in a similar capacity. Noise emitted from operation of the Residential Project would not have a significant impact on wildlife species. The remaining potential impacts related to the operation of the Residential Project sites potential effect on special-status species are limited to construction impacts. As such, all operational impacts would be considered less than significant. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM BIO-2 (Civic Project only) and MM NOI-1 (Civic Project and Residential Project) and the following measures: MM BIO-1a Avoid Active Migratory Bird Nests During Construction Civic Project and Residential Project: The following measures shall be implemented for construction work during the nesting season (February 15 through August 31): • Implementation of the following avoidance and minimization measures would avoid or minimize potential effects to migratory birds and habitat in and adjacent to the Civic Project and Residential Project sites. These measures shall be implemented for construction work in the plan area that occurs during the nesting season (February 15 through August 31): - If construction or tree removal is proposed during the breeding /nesting season for migratory birds (typically February 15 through August 31), a qualified Biologist shall conduct pre-construction surveys for northern harrier and other migratory birds within the construction area, including a 300-foot survey buffer, no more than 3 days prior to the start of ground disturbing activities in the construction area. - If an active nest is located during pre-construction surveys, USFWS and/or CDFW (as appropriate) shall be notified regarding the status of the nest. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned or a qualified biologist deems disturbance potential to be minimal. Restrictions shall include consultation with a qualified Biologist to determine appropriate exclusion zones (no ingress of personnel or equipment at a minimum radius of 300 feet around an active raptor nest and 50-foot radius around an active migratory bird nest) or alteration of the construction schedule. - A qualified biologist shall delineate the buffer using nest buffer signs, environmentally sensitive area fencing, pin flags, and or flagging tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-29 MM-BIO-1b Avoid Active Migratory and Nesting Bats Roosts During Construction Civic Project and Residential Project: The following measures shall be implemented prior to construction work related to building, other structure, or tree removal or modification in the plan area: • If suitable roosting habitat for special-status bats will be affected by Civic and Residential Project construction (e.g., removal of buildings or trees, modification of bridges), a qualified wildlife biologist will conduct surveys for special- status bats during the appropriate time of day to maximize detectability to determine if bat species are roosting near the work area no less than 7 days and no more than 14 days prior to beginning ground disturbance and/or construction. Survey methodology may include visual surveys of bats (e.g., observation of bats during foraging period), inspection for suitable habitat, bat sign (e.g., guano), or use of ultrasonic detectors (Anabat, etc.). Visual surveys will include trees within 0.25 mile of construction activities, where practicable. The type of survey will depend on the condition of the potential roosting habitat. If no bat roosts are found, then no further study is required. • If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts. • If roosts are determined to be present and must be removed, the bats will be excluded from the roosting site before the facility is removed. A mitigation program addressing compensation, exclusion methods, and roost removal procedures will be developed prior to implementation. Exclusion methods may include use of one-way doors at roost entrances (bats may leave but cannot not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young). • If roosts cannot be avoided or it is determined that construction activities may cause roost abandonment, such activities may not commence until permanent, elevated bat houses have been installed outside of, but near the construction area. Placement and height will be determined by a qualified wildlife biologist, but the height of the bat house will be at least 15 feet. Bat houses will be multi- chambered and will be purchased or constructed in accordance with CDFW standards. The number of bat houses required will be dependent upon the size and number of colonies found, but at least one bat house will be installed for each pair of bats (if occurring individually), or of sufficient number to accommodate each colony of bats to be relocated. MM-BIO-1c Avoid Active Turtle Dens During Construction Civic Project: The project sponsors for the Civic Project shall implement the following measures for construction work on the Civic Project site during the overwintering season (October 1 through February 28/29): City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-30 FirstCarbon Solutions • The project sponsors for the Civic Project shall avoid construction on the Civic Project site when western pond turtle adults and hatchlings are overwintering (October 1 to February 28/29), because of the likelihood that turtle adults and juveniles could be present in upland habitats (i.e., the ruderal field adjacent to the Creek Corridor). If construction activities must occur during this time frame, a survey for overwintering locations shall be conducted no more than 14 days prior to construction. If this species is found overwintering within the Civic Project site, den locations shall be avoided until the area is unoccupied, as determined by a qualified biologist. • No more than 30 days prior to the first ground-disturbing activities, the project sponsors for the Civic Project shall retain a qualified wildlife biologist to conduct a focused survey for western pond turtle to determine presence or absence of this species within a 100-foot radius of the disturbance area. If construction occurs between April 1 and September 30, this survey shall include turtle nests. If a nest is found within a 100-foot radius of the Civic Project site, construction shall not take place within 100 feet of the nest until the turtles have hatched or the eggs have been moved to an appropriate location under consultation with a qualified biologist. • Before any activities begin on the Civic Project, an approved biologist will conduct a Worker Environmental Awareness Program (WEAP) for all construction personnel. At a minimum, the training will include a description of the western pond turtle and its habitat, the specific measures that are being implemented to conserve western pond turtle on the Civic Project site. Brochures, books, and briefings may be used in the WEAP, provided that a qualified person is on hand to answer any questions. • Revegetation will occur with an assemblage of native riparian/wetland and riparian upland vegetation suitable for Grayson Creek and its associated riparian corridor. Locally collected plant materials will be used to the extent practicable. Invasive, exotic plants will be controlled to the maximum extent practicable during construction. This measure will be implemented by the City in all areas disturbed by activities associated with Grayson Creek and its associated riparian corridor, unless the CDFW and project sponsors for the Civic Project determine that it is not feasible or practical. • The number of access routes, size of staging areas, and the total area of the activity will be limited to the minimum necessary. Environmentally Sensitive Areas will be established to confine access routes and construction areas to the minimum area necessary to complete construction, and minimize the impact to western pond turtle habitat; this goal includes locating access routes and construction areas outside of riparian areas to the maximum extent practicable. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-31 Sensitive Natural Communities Impact BIO-2: Development of the proposed Civic Project could have a substantial adverse effect on riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Construction An impact to sensitive natural communities or riparian habitat would be considered significant if the construction of the Civic Project or Residential Project resulted in a substantial, adverse change in any of the physical conditions (such as removal of vegetation or fill within riparian habitat) within the area affected by development in the plan area. Impacts to sensitive natural communities, specifically riparian habitat are discussed in detail below. Civic Project Habitat Modification Grayson Creek extends through the eastern portion of the Civic Project site. Grayson Creek, a jurisdictional drainage, is part of the 100-year floodplain and is within the jurisdiction of the Contra Costa County Flood Control District. The Creek and its associated habitat are considered a sensitive natural community under CEQA. As discussed in the Jurisdictional Delineation prepared for the Civic Project site, direct Civic Project impacts would result in 0.039 acres of permanent fill and 0.054 acres temporary disturbance to waters of the United States. Civic Project features resulting in permanent fill include modification of three existing outfall structures, as well as associated bank stabilization measures using bioengineering components that have been designed to conform to the existing variable topography of the creek. The proposed grading will be kept to the minimum necessary to install the outfalls and provide safe access to personnel and small machinery. Temporary impacts include the localized loss of vegetation and general disturbance to soils during construction to build the stormwater facilities safely. A potential future pre-cast pedestrian bridge across Grayson Creek may be installed, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site. The bridge may be constructed once funding is secured. Construction of the Civic Project would result in direct (through habitat modification and fill) and indirect impacts (temporary construction disturbance) to riparian habitat and the on-site aquatic resources below the ordinary high water mark. This represents a potentially significant impact. Implementing the avoidance, minimization and mitigation measures set forth in the 404/401/1602 permits and agreements as outlined in MM BIO-2a and MM BIO-2b would address potential direct and indirect impacts to the Grayson Creek and its riparian corridor. Integration of brush layering, pole planting, and live siltation techniques will be used during riprap placement to ensure contact with native ground. Willow cuttings will be planted deeply into the water table. A graded granular filter or filter fabric will be used to improve root penetration; and cobbles, gravel, and soil will be placed around cuttings. Cuttings planted within the riprap will increase the strength and structure of the soils via root systems and aboveground biomass while also adding strength, durability, and reliability to the riprap by binding stone and soil layers together. Vegetation will help to provide a natural streambank and buffer along the creek, which is currently absent. The combination of riprap and vegetation will provide an overall improvement to habitat function and erosion control from its City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-32 FirstCarbon Solutions current state. The vegetated rock riprap treatment represents both the permanent direct impacts and the bank stabilization and restoration area, or 242.2 linear-feet (0.039-acre) of bank stabilization using locally harvested willows, most likely sandbar willow (Salix exigua). Temporary disturbance areas (0.054-acre) will be revegetated after construction. While the temporary disturbance areas are currently dominated by nonnative grasses and shrubs, they will be seeded with a native seed mix after construction is finalized. The following seed mix will be applied to temporary disturbance areas and will be included in the Habitat Mitigation Monitoring and Reporting Plan (HMMRP) being prepared as part of the regulatory permitting for the Civic Project. Table 3.3-2: Seed Mix for Temporary Disturbance Area Botanical Name Common Name Application Rate lbs./Ac. Bromus carinatus Native California Brome 10 PLS pounds per acre Elymus glaucus Blue Wildrye 8 PLS pounds per acre Hordeum californicum California Barley 8 PLS pounds per acre Festuca idahoensis Idaho Fescue 5 PLS pounds per acre Nassella pulchra Purple Needlegrass 5 PLS pounds per acre Poa secunda Native Pine Bluegrass 4 PLS pounds per acre Eschscholzia californica California Poppy 1.5 PLS pounds per acre Lupinus nanus Sky Lupine 3 PLS pounds per acre Clarkia rubicunda, Wine Cup Clarkia 1.5 PLS pounds per acre Achillea millifolium White Yarrow 0.5 PLS pounds per acre Sisyrinchium bellum Blue Eyed Grass 3.5 PLS pounds per acre Vulpia microstachys Six Weeks Fescue 8 PLS pounds per acre (Nurse Crop) Note: PLS = Palletized Load System Native bunch grasses and shrubs will be planted to enhance the understory, especially in areas currently dominated by nonnative Himalayan blackberry (Rubus armeniacas). The planting plan and planting palette are being developed as part of the HMMRP in support of the regulatory permit process, and will include the seed mix above as well as container plantings to enhance the riparian understory (e.g., deergrass, coyote brush, etc.). Implementation of the HMMRP within Grayson Creek could result in additional minimal disturbance, associated with the installation of planting and irrigation to ensure the success of planted species. The Civic Project would be developed in a manner consistent with the City’s creek setback requirements and construction noise requirements, which limit the hours of construction and required setback for structures from top of bank based on the depth of the creek. Therefore, construction habitat modification impacts on riparian habitat would be less than significant with mitigation. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-33 Noise Potential construction noise impacts within the Grayson Creek Corridor would be mitigated through the implementation of measures required by the CDFW 1602 Streambed Alteration Agreement (MM BIO-2), mitigation requiring pre-construction clearance surveys, and avoidance, monitoring, and protection measures for potential nesting birds, roosting bats, and western pond turtle prior to and during construction activities (MM BIO-1a–MM BIO-1c), and MM NOI-1 requiring noise reduction during construction activities. Therefore, construction noise impacts on riparian habitat and associated wildlife communities would be less than significant with mitigation. Residential Project No sensitive biological communities are present on the Residential Project site. In addition, no potential jurisdictional wetlands or features are located on the site that would be considered sensitive under CEQA. Rather, the Residential Project site is covered largely with impervious surfaces and some ruderal vegetation. Therefore, no construction impacts related to riparian habitat or other sensitive natural communities on would occur. Operation Civic Project Impacts related to the Civic Project’s potential effect on riparian habitat or sensitive natural communities are limited to construction impacts. No respective operational impacts would occur as Grayson Creek and its associated riparian corridor will function in an improved capacity through the vegetated riprap treatments, revegetation of temporary disturbance area, and removal of exotic/non-native plant species. Residential Project No sensitive biological communities are present on the Residential Project site that could be affected by operation of the Residential Project. Therefore, no operational impacts related to sensitive natural communities would occur. Level of Significance Before Mitigation Potentially Significant (Civic Project) No Impact (Residential Project) Mitigation Measures Implement MM BIO-2 (Civic Project only) and MM NOI-1 (Civic Project only) and the following measures: MM BIO-2a Obtain CWA Sections 401 and 404 Permits Prior to Construction Civic Project: Prior to the fill of any potentially jurisdictional waters as part of the Civic Project, the project sponsors for the Civic Project shall consult with the USACE to determine the extent, if at all, that waters of the United States may be impacted by the Grayson Creek Outfalls Project. This consultation may include a jurisdictional delineation. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-34 FirstCarbon Solutions If potential jurisdictional waters cannot be avoided, the following steps shall be adhered to with regard to permits: • The project sponsors for the Civic Project shall obtain a Section 404 Clean Water Act (CWA) permit for impacts to waters of the United States. The City shall also obtain a Section 401 water quality certification from the RWQCB. This permit and certification shall be obtained prior to issuance of grading permits for the implementation of the proposed Grayson Creek Outfalls Project. • The project sponsors for the Civic Project shall design the Civic Project to result in no net loss of functions and values of waters of the United States by incorporating impact avoidance, impact minimization, and/or compensatory mitigation for the impact, as determined in the Section 404permit and 401 water quality certification. • Compensatory mitigation may consist of (1) obtaining credits from a mitigation bank; (2) making a payment to an in-lieu fee program that will conduct wetland, stream, or other aquatic resource restoration, creation, enhancement, or preservation activities; and/or (3) providing compensatory mitigation through an aquatic resource restoration, establishment, enhancement, and/or preservation activity. This final type of compensatory mitigation may be provided at or adjacent to the impact site (i.e., on-site mitigation) or at another location, usually within the same watershed as the permitted impact (i.e., off-site mitigation). The project/permit applicant retains responsibility for the implementation and success of the mitigation project. MM BIO-2b File Notification of Streambed Alteration Agreement Prior to Construction Civic Project: In order to protect the long-term habitat of Grayson Creek, the project sponsors for the Civic Project shall ensure that the Creek is not obstructed and human intrusion into the riparian area is minimized. In compliance with Section 1600 of the California Fish and Game Code, the project sponsors for the Civic Project shall file a notification of a Streambed Alteration Agreement prior to conducting any construction activities within the creek corridor, defined by the CDFW as the top of bank plus the outer edge of the dripline of riparian vegetation. Measures shall include but not be limited to the implementation of erosion and bank stabilization measures, riparian habitat enhancement, and/or restoration and revegetation of the stream corridor habitat at no less than a 1:1 ratio. The details of this mitigation effort shall be outlined in a riparian habitat mitigation plan that shall be implemented as part of the construction of the outfalls. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project) No Impact (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-35 Wetlands Impact BIO-3: The proposed plan would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Construction Impacts to State or federally protected wetlands would be considered significant if the proposed operations resulted in a substantial, adverse change in any of the physical conditions (i.e. fill) of wetlands. Civic Project There are no State or federally protected wetlands on, or adjacent to, the Civic Project site. Grayson Creek is considered riparian habitat and contains waters of the United States; it does not contain State or federally protected wetlands. Potential impacts to waters of the United States are discussed under Impact BIO-2 above. As noted above in Section 3.3.1, a wetland assessment/due diligence memo found no evidence of wetlands on, or adjacent to, the Civic Project site. As such, there are no wetlands on the Civic Project site that could require filling or removal or could experience water quality or other degradation due to construction of the Civic Project. Therefore, no impact related to effect on State or federal wetlands would occur due to construction. Residential Project There are no State or federally protected wetlands on, or adjacent to, the Residential Project site. As noted above in Section 3.3.1, a wetland assessment/due diligence memo found no evidence of wetlands on, or adjacent to, the Residential Project site. As such, there are no wetlands on the Residential project site that could require filling or removal or could experience water quality or other degradation due to construction of the Residential Project. Therefore, no impact related to effect on State or federal wetlands would occur due to construction. Operation Civic Project The Civic Project would not result in potential operational impacts to wetlands because there are no wetlands present in the Civic Project site. Residential Project The Residential Project would not result in potential operational impacts to wetlands because there are no wetlands present in the Residential Project site. Level of Significance No Impact (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-36 FirstCarbon Solutions Fish and Wildlife Movement Corridors Impact BIO-4: The proposed plan would not substantially interfere with the movement of native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Construction An impact to fish or wildlife movement would be considered significant if the proposed construction or operation resulted in a substantial, adverse change in any of the physical conditions (such as the interruption of a channel or terrestrial movement corridor) within the area affected by the proposed plan. Fish or wildlife movement that have the potential to be impacted are discussed in detail below. Civic Project The eastern portion of the Civic Project site contains Grayson Creek. The Creek has the potential to act as a nursery site or support wildlife movement through the Civic Project site; however, the Civic Project development would be required to adhere to the City’s creek setback requirements. As noted in the discussion under Impact BIO-1, special-status wildlife species and bird species protected under the Fish and Game Code and MBTA have the potential to occur within the Civic Project site and may support the movement of these species within the Grayson Creek Corridor. Construction of the Civic Project has the potential to interfere with the movement of wildlife through upgrading three outfalls and the construction of a potential future bridge crossing over Grayson Creek (connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site). Given the perennial water and associated riparian habitat in Grayson Creek, species may use this creek for migration and defense from predation. These species include the western pond turtle, pallid bat, and Townsend’s big-eared bat. This represents a potentially significant impact. Compliance with MM BIO-1a through MM BIO-1c in addition to federal and State regulations related to the protection of migratory fish and wildlife species, including the creek setback Policy 18.50.150 in the City’s Municipal Code, would reduce impacts to these species. Adherence to the City’s creek setback requirement would allow the creek to continue to operate as a natural corridor by providing a buffer area through a development setback. Adherence to the setback requirement, avoidance and protection measures for species potentially utilizing the creek corridor, and compliance with federal, state, regulations related to the protection of migratory fish and wildlife species would result in less than significant impact. Therefore, Civic Project construction impacts related to wildlife movement and corridors would be less than significant with mitigation. Residential Project The Residential Project site is situated within a developed landscape. The area consists of a mix of commercial, retail, and residential developments. Urban development, highly trafficked roads, and high levels of human activity are existing barriers to wildlife movement. Therefore, construction of the Residential Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites. Thus, there would be no Residential Project construction impact related to wildlife movement and corridors. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-37 Operation Civic Project Lighting The eastern portion of the Civic Project site contains Grayson Creek. As part of the Civic Project operation, exterior nighttime lighting for the library and pedestrian pathway, as well as athletic field and parking lot use noise would be associated with the proposed park and proposed library uses. The proposed park (athletic fields) lighting system would include 11 poles ranging in heights of 40 to 70 feet, and the athletic fields would be used Monday through Friday after school until 10:00 p.m., and on Saturdays and Sundays from 8:00 a.m. to 10:00 p.m. Lighting along the pedestrian pathway would also be shut off at 10:00 p.m. Photometric plans were peer-reviewed by an independent consultant and adjustments were made where needed to ensure that light trespass would not exceed City standards. It is anticipated that the 10:00 p.m. cut off for use of the athletic fields coupled with additional native-species15 planting required by MM BIO-2b would reduce any direct or indirect nighttime lighting impacts to wildlife movement within the Creek corridor to less than significant. Therefore, Civic Project operational impacts related to lighting would be less than significant with mitigation. Residential Project The Residential Project site is located approximately 600 feet or more from the Grayson Creek Corridor. Proposed residential development would include exterior lighting that is typical for this type of use, and would be subject to the city’s requirements related to light trespass. The distance from the creek corridor and intervening development would preclude the potential for disturbance related to wildlife movement. Therefore, Residential Project operational impacts related to lighting would be less than significant. Level of Significance Before Mitigation Potentially Significant (Civic Project) Less Than Significant (Residential Project) Mitigation Measures Implement MM BIO-1a through MM BIO-1c (Civic Project) No mitigation is necessary (Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project) Less Than Significant (Residential Project) 15 Regarding a specific ecosystem, a species that, other than as a result of an introduction, historically occurred, or currently occurs in that ecosystem (USFWS) City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-38 FirstCarbon Solutions Local Biological Resources Policies/Ordinances Consistency Impact BIO-5: The proposed plan could conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Construction Pleasant Hill Municipal Code Section 18.50.110 governs tree preservation, and Section 18.50.150 governs creek setbacks. A significant impact would result if construction or operation of the Civic Project or Residential Project would conflict with these policies and provisions. Conflicts with these ordinances protecting biological resources are discussed below. Civic Project and Residential Project Pleasant Hill’s Tree Preservation Ordinance designates “protected trees” as any native or indigenous tree with a 9-inch or greater diameter at 54 inches above the ground or a non-native tree with a 18- inch or greater diameter at 54 inches above the ground, and would require a tree preservation and replacement plan and tree removal permits. For commercial sites, non-protected trees are replaced at a 1:1 ratio, and protected trees are replaced by two trees for each protected tree removed. A tree preservation plan must be approved by the City. The arborist report assessed the location, health, and species of 302 trees found on, or adjacent to, the plan area. Of the 302 trees found on-site, 154 are protected by the City’s Tree Preservation Ordinance.16 Removal of protected trees under the Civic Project and Residential Project would represent a potentially significant impact. As the construction of the Civic and Residential Projects requires the removal of a tree(s) subject to Pleasant Hill Municipal Code Section 18.50.110, tree permits would be required prior to the removal of such protected trees (per MM BIO-5a). In addition, the remaining trees that are proposed for preservation within the plan area would be protected through the implementation of the pre-, during, and post-construction tree protection guidelines identified and outlined in the project-site- specific arborist report (per MM BIO-5b through MM BIO-5d). As a part of approval for on-site development, the Residential Project developer and Civic Project developer would be required to demonstrate and implement consistency with the City’s tree ordinance, including tree removal permits and protection of preserved trees. Therefore, impacts related to consistency with local policies or ordinances that protect biological resources would be less than significant with mitigation. Operation Civic Project and Residential Project Impacts related to the consistency of the Civic Project and Residential Project with local biological resources policies and ordinances are limited to construction impacts. Because the project sponsors for the Civic Project and the Residential Project would be required to monitor, protect, and maintain preserved trees, no respective operational impacts under the Civic Project or Residential Project would occur. 16 HortScience | Bartlett Consulting. 2019. Arborist Report. February. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-39 Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM BIO-5a Obtain Tree Removal Permits Prior to Construction Civic Project and Residential Project: Any plan affecting trees should be reviewed by the Consulting Arborist with regard to tree impacts. These include, but are not limited to, improvement plans, utility and drainage plans, grading plans, landscape and irrigation plans and demolition plans. MM BIO-5b Implement Tree Protection Treatments Prior to Construction Civic Project and Residential Project: • The Demolition Contractor shall meet with the Consulting Arborist before beginning work to discuss work procedures and tree protection. Of specific concern is removal of existing chain-link fence in along the northeast and east property lines. • Cap and abandon all existing underground utilities within the Tree Protection Zone in place. Removal of utility boxes by hand is acceptable but no trenching should be performed within the Tree Protection Zone in an effort to remove utilities, irrigation lines, etc. • Fence trees to completely enclose the Tree Protection Zone prior to demolition, grubbing, or grading. Fences shall be 6-foot chain link or equivalent as approved by the City of Pleasant Hill. Fences are to remain until all construction is completed. • Trees to be preserved may require pruning to provide construction clearance. Pruning of off-site trees should be performed with the property owner’s permission. All pruning shall be completed by a Certified Arborist or Tree Worker. Pruning shall adhere to the latest edition of the ANSI Z133 and A300 standards as well as the Best Management Practices—Tree Pruning published by the International Society of Arboriculture. • Structures and underground features to be removed within the Tree Protection Zone shall use the smallest equipment, and operate from outside the Tree Protection Zone. The consultant shall be on-site during all operations within the Tree Protection Zone to monitor demolition activity. MM BIO-5c Implement Tree Protection Guidelines During Construction Civic Project and Residential Project: • Prior to beginning work, the contractors working in the vicinity of trees to be preserved are required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-40 FirstCarbon Solutions • Fences have been erected to protect trees to be preserved. Fences define a specific Tree Protection Zone for each tree or group of trees. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without permission of the Consulting Arborist. • Any excavation within the dripline or other work that is expected to encounter tree roots should be approved and monitored by the Consulting Arborist. Roots shall be cut by manually digging a trench and cutting exposed roots with a sharp saw. The Consulting Arborist will identify where root pruning is required. • If injury should occur to any tree during construction, it should be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. • Prior to grading, pad preparation, excavation for foundations/footings/walls, trenching, trees may require root pruning outside the Tree Protection Zone by cutting all roots cleanly to the depth of the excavation. Roots shall be cut by manually digging a trench and cutting exposed roots with a sharp saw or other approved root pruning equipment. The Consulting Arborist will identify where root pruning is required. • All underground utilities, drain lines, or irrigation lines shall be routed outside the Tree Protection Zone. If lines must traverse through the protection area, they shall be tunneled or bored under the tree as directed by the Consulting Arborist. • No materials, equipment, spoil, waste, or washout water may be deposited, stored, or parked within the Tree Protection Zone (fenced area). • Any additional tree pruning needed for clearance during construction must be performed by a Certified Arborist and not by construction personnel. MM BIO-5d Monitor Tree Health Post Construction Civic Project and Residential Project: The health and structural stability of tree should be monitored. Occasional pruning, fertilization, mulch, pest management, replanting and irrigation may be required. In addition, provisions for monitoring both tree health and structural stability following construction must be made a priority. As trees age, the likelihood of branches or entire trees failing will increase. Therefore, annual inspection of trees for structural stability, and signs of insects or disease is recommended to determine any potential future maintenance needs. Level of Significance After Mitigation Less than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Biological Resources FirstCarbon Solutions 3.3-41 Habitat/Natural Community Conservation Plan Consistency Impact BIO-6: The proposed plan would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Construction Civic Project and Residential Project The plan area does not fall within the coverage area of a habitat conservation plan or natural community conservation plan. The plan area sits approximately 6 miles west from the nearest habitat conservation plan area; therefore, there would be no construction impact related to consistency with a conservation plan. Operation Civic Project and Residential Project No respective operational impacts would occur because the plan area does not fall within the coverage area of a habitat conservation plan or natural community conservation plan. Level of Significance No Impact (Civic Project and Residential Project) 3.3.5 - Cumulative Impacts Civic Project and Residential Project Special-status Wildlife and Plant Species The geographic scope of the cumulative biological resources analysis is the southern portion of the City of Pleasant Hill, specifically the area surrounding Oak Park Boulevard, most of which is a highly developed urban area that has limited potential to support special-status wildlife and plant species. There are waterways that provide habitat for riparian species of flora and fauna, the closest of which is Grayson Creek. In addition, there are various open space areas throughout the City of Pleasant Hill that display grassland and shrubland/chaparral habitat. Riparian habitat and the open space grasslands are small in size and generally isolated areas surrounded by urban development. Development listed in Table 3-1 (Refer to Chapter 3, Environmental Impact Analysis) consists predominantly of commercial development and some include residential components. All developments are within 1 mile of the plan area and contain similar, disturbed habitat common in urban areas. Due to the presence of habitat within this area of the City, specifically for the western pond turtle, Townsend’s big-eared bat and the pallid bat, these species have the potential, albeit low, to occur within the cumulative projects area. Additionally, nesting birds protected by the MBTA have the potential to occur within the plan area surroundings. As noted above, a focused habitat assessment was conducted for the CRLF, which found no suitable habitat within the plan area (Appendix D). Standard pre-construction surveys and, if necessary, avoidance procedures would be required for cumulative projects with the potential to impact nesting birds and protected bat species. While there are isolated pockets of natural habitat that can support special-status wildlife and plant City of Pleasant Hill—Oak Park Properties Specific Plan Biological Resources Draft EIR 3.3-42 FirstCarbon Solutions species, the urban, built-up nature of the Pleasant Hill area precludes the possible significant cumulative impacts to biological resources related to special-status wildlife and plant species. Sensitive Natural Communities and Wetlands The City of Pleasant Hill contains several protected aquatic features and smaller riparian areas that would be considered wetlands and/or sensitive natural communities. These features are small in size and often isolated from each other by large, urban developments. To address possible cumulative impacts to sensitive natural communities and wetlands, the Pleasant Hill Municipal Code was been created to address these issues and to avoid impacts. The majority of current developments are designed to address future growth problems, prevent urban sprawl, and minimize developmental impacts to sensitive natural communities. This is accomplished by designing projects to occur in previously developed or highly disturbed areas that the characteristics of lack sensitive natural communities or riparian habitat. Development listed in Table 3-1 consists predominantly of commercial development and some include residential components. All developments are within 1 mile of the plan area and contain similar, disturbed habitat common in urban areas. As such, the proposed plan, in conjunction with other cumulative projects, would result in a less than significant cumulative impact related to sensitive natural communities and associated riparian habitat. The City of Pleasant Hill would review each of the projects listed in Table 3-1 for biological impacts to sensitive natural communities or riparian habitat. Fish and Wildlife Movement Corridors The City of Pleasant Hill contains a variety of creeks that act as potential movement corridors for fish and wildlife, such as Grayson Creek. Any future cumulative development that occurs within the City would have to take into account the potential impact to these corridors. As previously mentioned, development listed in Table 3-1 consists predominantly of commercial development and some include residential components. All developments are within one mile of the plan area and contain similar, disturbed habitat common in urban areas. The areas surrounding the potential corridors within the City of Pleasant Hill are highly developed, further impeding the movement of species out from these areas. Additionally, the current development plans will adhere to the City’s creek setback requirement to reduce any potential cumulative impacts to fish and wildlife movement corridors to a less then significant level. Protected Trees Development may require the removal or encroachment on certain protected trees as listed by the City of Pleasant Hill ordinances. As previously mentioned, development listed in Table 3-1 consists predominantly of commercial development and some include residential components. All developments are within 1 mile of the plan area and contain similar, disturbed habitat common in urban areas. Future projects that occur in or near undeveloped areas may require an arborist report to determine the identity of trees planed for removal or encroachment. Therefore, the proposed plan, in conjunction with other future development projects, would be required to adhere to applicable tree ordinances and regulations set by the City resulting in a less than significant cumulative impact to biological resources related to protected trees. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-1 3.4 - Cultural and Tribal Cultural Resources 3.4.1 - Introduction This section describes existing cultural and tribal cultural resources in the region and Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to cultural and tribal resources that could result from implementation of the Specific Plan (proposed plan). Information included in this section is based on the Historic Resources Evaluation Report, cultural resources records search at the Northwest Information Center (NWIC) at Sonoma State University, additional archival and online research, a pedestrian field survey of the plan area with photo-documentation conducted in January 2019, as well as a Sacred Lands File Search from the Native American Heritage Commission (NAHC) and outreach to tribal representatives identified by the NAHC as potentially having interest in the proposed plan or additional information on tribal cultural resources in the vicinity of the plan area. All reports and correspondence are available in Appendix E. The following comments were received during the Environmental Impact Report (EIR) scoping period related to cultural and tribal cultural resources: • Request for evaluation of proposed plan in terms of effects related to historic resources (the analysis of historic resources impacts is included in this section). • Request for evaluation of the proposed plan’s compliance with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) tribal consultation requirements. • Request for evaluation of the proposed plan with respect to the National Environmental Policy Act (NEPA). The plan area is not on federal land and is not subject to NEPA. 3.4.2 - Environmental Setting Cultural Resources Components The term “cultural resources” encompasses historic, archaeological and Tribal Cultural Resources as well as burial sites. Below is a brief summary of each component: • Historic Resources: Historic resources are associated with the recent past. In California, historic resources are typically associated with the Spanish, Mexican, and American periods in the State’s history and are generally less than 200 years old. • Archaeological Resources: Archaeology is the study of artifacts and material culture with the aim of understanding human activities and cultures in the past. Archaeological resources may be associated with prehistoric indigenous cultures as well as historic periods. • Tribal Cultural Resources: Tribal cultural resources include sites, features, places, or objects that are of cultural value to one or more California Native American Tribes. • Burial Sites and Cemeteries: Burial sites and cemeteries are formal or informal locations where human remains have been interred. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-2 FirstCarbon Solutions Overall Cultural Setting Following is a brief overview of the prehistory, ethnography, and historic background, providing a context in which to understand the background and relevance of sites found in the general plan area. This section is not intended to be a comprehensive review of the current resources available; rather, it serves as a general overview. Further details can be found in ethnographic studies, mission records, and major published sources.1,2,3,4,5,6 Prehistoric and Ethnographic Background In general, archaeological research in the greater San Francisco Bay Area has focused on coastal areas, where large shellmounds were relatively easily identified on the landscape. This research and its chronological framework, however, is relevant to and has a bearing on our understanding of prehistory in areas adjacent to the San Francisco Bay Area, including modern Contra Costa County. The San Francisco Bay Area supported a dense population of hunter-gatherers over thousands of years, leaving a rich a varied archaeological record. The Bay Area was a place of incredible language diversity, with seven languages spoken at the time of Spanish settlement in 1776. The diverse ecosystem of the bay and surrounding lands supported an average of three to five persons per square mile, but reached 11 persons per square mile in the North Bay. At the time of Spanish contact, the people of the Bay Area were organized into local tribelets that defended fixed territories under independent leaders. Typically, individual Bay Area tribelets included 200 to 400 people distributed among three to five semi-permanent villages, within territories measuring approximately 10 to 12 miles in diameter.7 Native American occupation and use of the greater Bay Area, including the regions comprising modern Walnut Creek and Pleasant Hill, extends over 5,000 to 7,000 years and may be longer. Early archaeological investigations in Central California were conducted at sites located in the Sacramento- San Joaquin Delta region. The first published account documents investigations in the Lodi and Stockton area. The initial archaeological reports typically contained descriptive narratives with more systematic approaches sponsored by Sacramento Junior College in the 1930s. At the same time, University of California at Berkeley excavated several sites in the lower Sacramento Valley and Delta region, which resulted in recognizing archaeological site patterns based on a variation of intersite assemblages. Research during the 1930s identified temporal periods in central California prehistory and provided an initial chronological sequence. In 1939, researcher Jeremiah Lillard of Sacramento Junior College noted that each cultural period led directly to the next and that influences spread from the Delta region to their regions in Central California. 8 In the late 1940s and early 1950s, researcher Richard Beardsley of the University of California Berkeley documented similarities in 1 Kroeber, A.L. 1925. Handbook of the Indians of California. Bulletin 78. Bureau of American Ethnology. Washington, D.C.: Smithsonian Institution. 2 Beardsley, R.K. 1948. “Cultural Sequences in Central California Archaeology.” American Antiquity 14:1-28. 3 Bennyhoff, J. 1950. Californian Fish Spears and Harpoons. Berkeley: University of California Anthropological Records 9(4):295-338. 4 Chartkoff J.L. and K.K. Chartkoff. 1984. The Archaeology of California. Menlo Park: Stanford University Press. 5 Moratto, M.J. 1984. California Archaeology. San Diego: Academic Press. 6 Jones, T.L. and Kathryn A. Klar. 2007. California Prehistory. Lanham: AltaMira Press; Rowman & Littlefield Publishers, Inc. 7 Milliken, Randall et.al. 2007. Punctuated Culture Change in the San Francisco Bay Area, In Prehistoric California: Colonization, Culture, and Complexity, edited by T.L. Jones and K.A. Klar, 99–124. AltaMira Press. 8 Lillard, J.B. and W.K. Purves. 1936. The Archaeology of the Deer Creek-Cosumnes Area, Sacramento Co., California. Sacramento. Sacramento Junior College, Department of Anthropology Bulletin 1. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-3 artifacts among sites in the San Francisco Bay region and the Delta and refined his findings into a cultural model that ultimately became known as the Central California Taxonomic System (CCTS). This system proposed a uniform, linear sequence of cultural succession.9 To address some of the flaws in the CCTS system, D.A. Fredrickson introduced a revision that incorporated a system of spatial and cultural integrative units. Fredrickson separated cultural, temporal, and spatial units from each other and assigned them to six chronological periods: Paleo- Indian (10000 to 6000 before Christ [BC]); Lower, Middle and Upper Archaic (6000 BC to anno domini [AD] 500), and Emergent (Upper and Lower, AD 500 to 1800). The suggested temporal ranges are similar to earlier horizons, which are broad cultural units that can be arranged in a temporal sequence.10 In addition, Fredrickson defined several patterns—a general way of life shared within a specific geographical region. These patterns include: • Windmiller Pattern or Early Horizon (3000 to 1000 before Common Era [BCE]) • Berkeley Pattern or Middle Horizon (1000 BCE to 500 Common Era [CE]) • Augustine Pattern or Late Horizon (500 CE to historic period) Brief descriptions of these temporal ranges and their unique characteristics follow. Windmiller Pattern or Early Horizon (3000 to 1000 BCE) Characterized by the Windmiller Pattern, the Early Horizon was centered in the Cosumnes district of the Delta and emphasized hunting rather than gathering, as evidenced by the abundance of projectile points in relation to plant processing tools. Additionally, atlatl, dart, and spear technologies typically included stemmed projectile points of slate and chert but minimal obsidian. The large variety of projectile point types and faunal remains suggests exploitation of numerous types of terrestrial and aquatic species.11 Burials occurred in cemeteries and intra-village graves. These burials typically were ventrally extended, although some dorsal extensions are known with a westerly orientation and a high number of grave goods. Trade networks focused on acquisition of ornamental and ceremonial objects in finished form rather than on raw material. The presence of artifacts made of exotic materials such as quartz, obsidian, and shell indicates an extensive trade network that may represent the arrival of Utian populations into central California. Also indicative of this period are rectangular Haliotis and Olivella shell beads, and charmstones that usually were perforated.12 Berkeley Pattern or Middle Horizon (1000 BCE to 500 CE) The Middle Horizon is characterized by the Berkeley Pattern, which displays considerable changes from the Early Horizon. This period exhibited a strong milling technology represented by minimally shaped cobble mortars and pestles, although metates and manos were still used. Dart and atlatl technologies during this period were characterized by non-stemmed projectile points made primarily of obsidian. Fredrickson suggests that the Berkeley Pattern marked the eastward expansion of 9 Beardsley, R.K. 1948. Cultural Sequences in Central California Archaeology. American Antiquity 14:1–28. 10 Fredrickson, D.A. 1973. Early Cultures of the North Coast of the North Coast Ranges, California. PhD dissertation. 11 Bennyhoff, J. 1950. Californian Fish Spears and Harpoons. University of California Anthropological Records 9(4):295–338. 12 Ragir, S.R. 1972. The Early Horizon in Central California Prehistory. Contributions of the University of California Archaeological Research Facility 15. Berkeley, CA. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-4 FirstCarbon Solutions Miwok groups from the San Francisco Bay Area. Compared with the Early Horizon, there is a higher proportion of grinding implements at this time, implying an emphasis on plant resources rather than on hunting. Typical burials occurred within the village with flexed positions, variable cardinal orientation, and some cremations. As noted by Lillard, Heizer, and Fenenga, the practice of spreading ground ochre over the burial was common at this time. Grave goods during this period are generally sparse and typically include only utilitarian items and a few ornamental objects. However, objects such as charmstones, quartz crystals, and bone whistles occasionally were present, which suggest the religious or ceremonial significance of the individual.13 During this period, larger populations are suggested by the number and depth of sites compared with the Windmiller Pattern. According to Fredrickson, the Berkeley Pattern reflects gradual expansion or assimilation of different populations rather than sudden population replacement and a gradual shift in economic emphasis.14 Augustine Pattern or Late Horizon (500 CE to Historic Period) The Late Horizon is characterized by the Augustine Pattern, which represents a shift in the general subsistence pattern. Changes include the introduction of bow and arrow technology; and most importantly, acorns became the predominant food resource. Trade systems expanded to include raw resources as well as finished products. There are more baked clay artifacts and extensive use of Haliotis ornaments of many elaborate shapes and forms. According to Moratto, burial patterns retained the use of flexed burials with variable orientation, but there was a reduction in the use of ochre and widespread evidence of cremation.15 Judging from the number and types of grave goods associated with the two types of burials, cremation seems to have been reserved for individuals of higher status, whereas other individuals were buried in flexed positions. Johnson suggests that the Augustine Pattern represents expansion of the Wintuan population from the north, which resulted in combining new traits with those established during the Berkeley Pattern.16 Central California research has expanded from an emphasis on defining chronological and cultural units to a more comprehensive look at settlement and subsistence systems. This shift is illustrated by the early use of burials to identify mortuary assemblages and more recent research using osteological data to determine the health of prehistoric populations. Although debate continues over a single model or sequence for California, the general framework consisting of three temporal/cultural units is generally accepted, although the identification of regional and local variation is a major goal of current archaeological research. The Bay Miwok The San Francisco Bay Area consisted of several independent tribal territories during the prehistoric and early historic periods. Native Peoples largely spoke dialects of five distinct languages: Costanoan (Ohlone), Bay Miwok, Plains Miwok, Patwin, and Wappo. The plan area lies at intersection of several of these groups at different periods in time, however it was largely within the ethnographic and historic boundaries of Bay Miwok speakers, who occupied the eastern portions of Contra Costa County, from 13 Lillard, J.B., R.F. Heizer, and F. Fenenga. 1939. An Introduction to the Archaeology of Central California. Sacramento Junior College, Department of Anthropology, Bulletin 2. 14 Fredrickson, D.A. 1973. Early Cultures of the North Coast of the North Coast Ranges, California. PhD dissertation. 15 Moratto, M.J. 1984. California Archaeology. San Diego: Academic Press. 16 Johnson, J.J. 1976. Archaeological Investigations at the Blodgett Site (CA-SAC-267), Sloughhouse Locality, California. Report to the U.S. National Parks Service, Western Regional Office, Tucson, Arizona. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-5 Walnut Creek east to the Sacramento-San Joaquin Delta, including the northern slopes of Mount Diablo. Several bands of Miwok are associated with the area, the closest being the Saclan, whose territory extended through the hills east of present-day Rossmoor, Lafayette, Moraga and Walnut Creek. The foremost political unit of the Miwok was the tribelet; an independent and sovereign nation with defined boundaries and control over the natural resources within those boundaries. As noted by Levy, villages are described as headquarters of a localized patrilineage, and this social organization was further prescribed by individual lineage memberships in a moiety. With the notable exceptions of tobacco and dogs, the Eastern Miwok largely lacked cultivated plants or domesticated animals.17 All plant foods were naturally occurring and gathered by hand, the most important of which were the seven varieties of acorn used by the Eastern Miwok people. Acorns were usually allowed to ripen and fall off the tree on their own where they would then be collected in large numbers in burden baskets. The acorns were then shelled, placed on an acorn anvil, and struck with a hammer stone to expose the meats within. These meats were ground into a fine meal using a bedrock mortar and cobblestone pestle. The meal was then sifted into a tightly coiled basket, and several applications of water were run through the basket to leach the bitter tannin from the meal. Once dry, the meal could be used in the preparation of acorn soup, mush, biscuits, and bread. For this reason, access to acorns, clean, moving water, and exposed bedrock was particularly important to the Eastern Miwok. These resources were available in the general plan area. The plan area includes Grayson Creek, formerly known as Pacheco Creek Springs. Watercourses were often a focus of prehistoric occupation in central California with Native American groups exploiting a variety of ecological niches. While this area was within an environmentally advantageous area for Native Americans located between the resources of the San Francisco Bay margin and the foothills and nearby creeks, no known ethnographic settlements are known to have been located within or adjacent to the plan area. Prehistoric site types recorded in the general Pleasant Hill area consist of lithic scatters, quarries, habitation sites (including burials), bedrock mortars or other milling feature sites, petroglyph sites, and isolated burial sites. However, none of these resources or the habitation mounds mapped by Whitney in 1873 or recorded by Nels C. Nelson in 1912 are located on or near the plan area. Regional Historic Background Spanish Period The Eastern Miwok were first contacted by the Spanish exploring expeditions of the Sacramento-San Joaquin Valley in the second part of the eighteenth century. The first Spanish expeditions through the study area were led by Captain Pedro Fages and Father Juan Crespi in 1772. Juan Bautista de Anza also led an expedition in 1776. Expedition campsites have been mapped in the vicinity of Interstate 680, State Route 242, and Willow Pass Road. According to Hart, Spanish colonial policy from 1769-1821 was directed at the founding of presidios, missions, and secular towns, with the land held by the Crown. The depletion of the coastal populations resulted in Spanish missionaries shifting to conversion of the interior peoples. The Bay Miwok were the first of the Eastern Miwok to 17 Levy, R. 1978. Costanoan. In California, edited by Robert F. Heizer, pp. 485-495. Handbook of North American Indians, Vol. 8. W.G. Sturtevant, general editor, Smithsonian Institution, Washington D.C. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-6 FirstCarbon Solutions be missionized, and were generally not willing converts. Mission baptismal records show that Native Americans went to Mission San Francisco de Assisi, founded in 1776, and Mission San Jose, founded in 1797. Their traditional lifeways apparently disappeared by 1810 due to disruption by Euro American diseases, a declining birth rate, and the impact of the mission system. For the most part, the former hunters-gatherers were transformed into agricultural laborers and worked with former neighboring groups such as the Esselen, Yokuts, and Miwok. After secularization of the missions between 1834 and 1836, some Native Americans returned to traditional religious and subsistence practices while others labored on Mexican ranchos. Thus, multi-ethnic Indian communities grew up in and around the area and provided informant testimony to ethnologists from 1878 to 1933.18 Mexican Period The Mexican Period, 1821 to 1848, was marked by secularization and division of mission lands among the Californios as land grants, termed ranchos. During this period, Mariano G. Vallejo assumed authority of Sonoma Mission and established a rapport with the Native Americans who were living there. In particular, Vallejo worked closely with Chief Solano, a Patwin who served as Vallejo’s spokesperson when problems with Native American tribes arose. The large rancho lands often were worked by Native Americans who were used as forced labor. Shoup and Milliken state that mission secularization removed the social protection and support on which Native Americans had come to rely. It exposed them to further exploitation by outside interests, often forcing them into a marginal existence as laborers for large ranchos.19 Following mission secularization, the Mexican population grew as the Native American population continued to decline. Euro-American settlers began to arrive in California during this period and often married into Mexican families, becoming Mexican citizens, which made them eligible to receive land grants. In 1846, on the eve of the Mexican-American War (1846 to 1848), the estimated population of California was 8,000 non-natives and 10,000 Native Americans. However, these estimates have been debated. Cook suggests the Native American population was 100,000 in 1850; the U.S. Census of 1880 reports the Native American population as 20,385.20 Gold Rush and American Expansion Period In 1848, James W. Marshall discovered gold at Coloma in modern-day El Dorado County, which started the gold rush into the region that forever altered the course of California’s history. The arrival of thousands of gold seekers in the territory contributed to the exploration and settlement of the entire State. By late 1848, approximately four out of five men in California were gold miners. The gold rush originated along the reaches of the American River and other tributaries to the Sacramento River, and Hangtown, present-day Placerville, became the closest town offering mining supplies and other necessities for the miners in El Dorado County. Gold subsequently was found in the tributaries to the San Joaquin River, which flowed north to join the Sacramento River in the great delta east of San Francisco Bay.21 18 Hart, J.D. 1987. A Companion to California (New edition, revised and expanded). University of California Press, Berkeley, California. 19 Shoup, L.H., and R.T. Milliken. 1999. Inigo of Rancho Posolmi: the Life and Times of a Mission Indian. Novato, CA. Ballena Press. 20 Cook, S.F. 1976. The Population of the California Indians 1769–1970. University of California Press. Berkeley, California. 21 Robinson, W.W. 1948. Land in California. Berkeley, CA: University of California Press. Cook, S.F. 1976. The Population of the California Indians 1769–1970. University of California Press. Berkeley, California. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-7 By 1864, California’s gold rush had essentially ended. The rich surface and river placers were largely exhausted and the miners either returned to their homelands or stayed to start new lives in California. After the gold rush, people in towns such as Jackson, Placerville, and Sonora turned to other means of commerce, such as ranching, agriculture, and timber production. With the decline of gold mining, agriculture and ranching came to the forefront in the State’s economy. California’s natural resources and moderate climate proved well suited for cultivation of a variety of fruits, nuts, vegetables, and grains.22 History of Contra Costa County and City of Pleasant Hill The east side of San Francisco Bay, directly across from the City of San Francisco, became known as the “opposite coast” (or contra costa) by the Spanish. The county was formed in December of 1849 and is one of the original 27 California counties, with the county seat at Martinez.23 In 1853, a portion of western and southern Contra Costa County became part of a newly formed Alameda County. Contra Costa County, like much of California, was seen as a land of economic opportunity, not just for its mining resources but also for its productive land where farmers could cultivate a variety of crops. Agriculture became important in the California economy in the late 1850s, and through to the 1860s, homesteading became a means by which people could own and operate a family farm. The decidedly agricultural focus also underpins the historical significance of the Spanish colonial and Mexican era of land grants. As early as 1882, special interests advertised the County’s virtues as a place to cultivate. Early settlers began to speak of beneficial soils that support a range of crops—pears, prunes, peaches, almonds, walnuts and grapes flourished—with seasonal rainfall, and favorable climates. In addition, Contra Costa County is strategically located at crossing of trade routes with a waterfront location and relative closeness to the San Francisco metropolis. Large-scale commercial operations began to capitalize on mechanical innovations just as irrigation developed in the early 1880s. Consequently, competing economic interests caused land prices to increase and make family farming a less profitable enterprise. At the end of World War II, the community of Pleasant Hill evolved from an agricultural based community to a suburban residential community with much of the land previously used for agriculture turned into large housing tracts.24 Starting in the 1950s, some of the residents of the community began to push for the incorporation of Pleasant Hill as a City, and transition from County governance. A series of local resolutions were put forth for the community to vote for, or against, incorporating the community of Pleasant Hill. After a few failures, the community voted to incorporate in November 1961. Pleasant Hill became the twelfth city of Contra Costa County, and the 375th city in the State of California.25 Throughout the 1960s and 1970s, large companies followed their employees to suburban areas east of San Francisco. The establishment of large population centers fostered the development of equally large shopping centers. To meet demand on infrastructure, the State modernized highways and roadways, and with the establishment of the Bay Area Rapid Transit system (adjacent to the plan 22 Beck, Warren A., and Y.D. Haase. 1974. Historical Atlas of California (Third Printing 1977). University of Oklahoma Press, Norman, Oklahoma. 23 Hoover, Mildred B., et.al. Historic Spots in California. 5th ed., revised by Douglas E. Kyle. Stanford University Press, Stanford: 2002. 24 Emanuels, George. California’s Contra Costa County: An Illustrated History. Walnut Creek, CA: Diablo Books; 1986. 25 Whitfield, Vallie Jo. History of Pleasant Hill, California. Pleasant Hill, CA: Whitfield Books; 1981. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-8 FirstCarbon Solutions area), cities like Pleasant Hill continued to grow at an exponential rate. Today, the city continues to expand with a renovated downtown area that opened in 2000, and planned developments intended to provide housing and services for the ever-growing Bay Area tech economy. Records Searches and Pedestrian Survey to Identify Existing Cultural Resources Northwest Information Center Records Search On April 13, 2018, a records search for the plan area and a 0.5-mile radius beyond the plan area boundaries was conducted at the NWIC located at Sonoma State University in Rohnert Park, California. To identify any historic properties or resources, the current inventories of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), the California Historical Landmarks list, the California Points of Historical Interest list, and the California State Historic Resources Inventory for Sonoma County were reviewed to determine the existence of previously documented local historical resources. The results of the records search indicated that three known cultural resources have been recorded within the 0.5-mile search radius surrounding the plan area, none of which are located within the plan area (Table 3.4-1). In addition, 20 area-specific survey reports are on file with the NWIC for the search radius (Table 3.4-2). None of the previous surveys assessed the plan area, suggesting the plan area has not been previously surveyed for cultural resources. Table 3.4-1: Recorded Cultural Resources within a 0.5-mile Radius of the Plan Area Boundaries Resource No. Resource Description Date Recorded P-07-002695 Contra Costa Canal: Historic Structure HP20 (Canal/aqueduct) 1993 P-07-002944 1791 Sunnyvale Avenue, John P. Wright Residence: Historic Building AH15 (House) 2005 P-07-002945 1779 Sunnyvale Avenue, Joseph Souza Residence: Historic Building AH15 (House) 2005 Source: NWIC Records Search. April 4, 2018. Table 3.4-2: Previous Investigations within a 0.5-mile Radius of the Plan Area Boundaries Report Number Report Title/Project Focus Author Date S-000402 Archaeological Impact Evaluation of a portion of East Grayson Creek, Pleasant Hill, California (letter report) William Roop 1976 S-000623 Archaeological and Historic Architectural Survey of 04- CC-680 15.4/17.4, 0.2 mile north of North Main St. to 0.1 mile north of Oak Park Blvd., BART Interface and I/C Revision, 04205-377111 (letter report) Richard B. Hastings 1975 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-9 Table 3.4-2 (cont.): Previous Investigations within a 0.5-mile Radius of the Plan Area Boundaries Report Number Report Title/Project Focus Author Date S-001229 An Archaeological Reconnaissance of the Geary Road widening project area in Walnut Creek (letter report) David Chavez 1978 S-005215 An Archaeological Survey of the Hookston Square Office Park, Buskirk Avenue and Hookston Road, Contra Costa County, California Leslie Jang 1982 S-007080 Archaeological Survey Report for Reconstruction of I- 680/24 Interchange and Freeway Improvements, Contra Costa County, 04-CC-680 12.6/19.0; Additional Area Surveyed: 04-CC-680 19.0/23.0 and 04-CC-24 0.0/2.3 04224-400310 Pat Oman 1984 S-015478 Preliminary Archaeological Survey of the CC Line and A- Line Sewer Project, Contra Costa County, California John F. Salter 1990 S-016201 Cultural Resources Field Inventory, Maggie Lane—8-Lot Subdivision, 1648 Geary Road, City of Walnut Creek, APN No. 170-270-067 (letter report) Colin I. Busby 1994 S-016396 Cultural Resources Field Inventory, Three Oaks Housing Limited Partnership, 3073 North Main Street, APN No. 170-100-029 (letter report) Colin I. Busby 1994 S-017213 Archaeological Survey Report, proposed disposal of three excess parcels off of Astrid Drive and Warner Lane, 04- CC-680 Post-Kilo 27.8 04402-377192 Todd D. Jaffke 1995 S-017700 Cultural Resources Initial Study, Six Parcels fronting on Oak Park Boulevard between vicinity of Manor and Hook Avenues, City of Pleasant Hill, Contra Costa County, California (letter report) Colin I. Busby 1995 S-018292 Cultural Resources Field Inventory, 1658 Geary Road, City of Walnut Creek, APN No. 170-270-038, Addendum to Report for Maggie Lane—8-Lot Subdivision, 1648 Geary Road, City of Walnut Creek, APN No. 170-270-067 Colin I. Busby 1995 S-018293 Cultural Resources Field Inventory, 1760 Geary Road, City of Walnut Creek, APN No. 170-250-007, Subdivision 7994, Maggie Lane Phase II (letter report) Colin I. Busby 1995 S-018440 Class II Archaeological Survey of the Contra Costa Canal, Contra Costa County, California G. James West and Patrick Welch 1996 S-035541 Cultural Resources Study for the Real Estate Engineering, Inc. Development Project, Walnut Creek, Contra Costa County, California John Kelley 2005 S-035543 Supplemental Cultural Resources Study for the Real Estate Engineering, Inc. Development Project, Walnut Creek, Contra Costa County, California John Kelley 2006 City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-10 FirstCarbon Solutions Table 3.4-2 (cont.): Previous Investigations within a 0.5-mile Radius of the Plan Area Boundaries Report Number Report Title/Project Focus Author Date S-047525 Cultural Resources Constraints Report, Geary 0401 Cutover, Concord (Circuit: Geary 0401 and Pleasant Hill 0401), Contra Costa County, PM Number 31037250 Robin Fies 2015 S-047525a Archaeological Monitoring Summary Report for 31037250 Geary 0401 Cutover, Concord (Circuit: Geary 0401 and Pleasant Hill 0401), Contra Costa County (letter report) Robin Fies 2015 S-047775 Historic Property Survey Report for the CCTA Interstate 680 Express Lanes Project, Contra Costa County, California; 04-CCO-680 PM R8.0-25.0, EA 04H610 (EFIS ID No. 0413000216) Adrian Whitaker 2016 S-047775a Archaeological Survey Report for the CCTA Interstate 680 Express Lanes Project, Contra Costa County, California 04-CCO-680 PM R8.0-25.0, EA 04H610 (EFIS ID No. 0413000216) Adrian Whitaker and Philip Kaijankoski 2016 S-047775b Extended Phase I Report for the CCTA Interstate 680 Express Lanes Project, Contra Costa County, California 04-CCO-680 PM R8.0-25.0, EA 04H610 (EFIS ID No. 0413000216) Philip Kaijankoski, Jack Meyer, Naomi Scher, and Adrian Whitaker 2016 Source: NWIC Records Search. April 4, 2018 Native American Heritage Commission Records Search and Tribal Correspondence On May 10, 2018, FCS sent a letter to the NAHC in an effort to determine whether any sacred sites are listed on its Sacred Lands File for the plan area. A response was received on May 15, 2018, indicating that the Sacred Lands File failed to indicate the presence of Native American cultural resources in the immediate plan area. The NAHC included a list of six tribal representatives available for consultation. To ensure that all Native American knowledge and concerns over potential Tribal Cultural Resources that may be affected by implementation of the proposed plan are addressed, a letter containing information on the proposed plan and requesting any additional information was sent to each tribal representative on December 19, 2018. No responses have been received to date. Additionally, the City of Pleasant Hill provided formal notification to applicable Native American Governments on pursuant to California AB 52 and SB 18 on November 20, 2018. No requests for consultation were received within the specified timeframe; however, a subsequent request for information was received from Wilton Rancheria, who had previously not requested consultation pursuant to AB 52. The City provided formal notification of the proposed plan and general plan amendment to Wilton Rancheria on February 1, 2019. Wilton Rancheria replied by e-mail on February 24, 2019, stating that, with regards to the Pleasant Hill 2003 General Plan Amendment and SB 18, the Tribes only concern was that in the event of the discovery of Native American Artifacts or Human remains, procedures outlined in the Archaeological Resources Protection Act (ARPA) (16 United States City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-11 Code [USC] 469), Native American Graves Protection and Repatriation Act (NAGPRA) [25 USC 3001- 30013], Health and Safety Code Section 7050.5, and Public Resources Code Section 5097.9 et al., be followed. Wilton Rancheria sent a second e-mail on February 26, 2019, requesting additional information about proposed plan specifics pursuant to AB 52. A copy of all records search results and draft mitigation measures were sent to Wilton Rancheria for review and comment on February 27, 2019. No additional comments or requests for consultation have been received to date. Cultural Resources Pedestrian Survey FCS Senior Archaeologist Dr. Dana DePietro, RPA, surveyed the plan area on November 20, 2018, and on January 30, 2019. The plan area is located within the United States Geological Survey (USGS) Walnut Creek 7.5-minute Quadrangle Map Township 1 North, Range 2 South, Section 15, Latitude 37°55′22″N Longitude 122°01′53″W. The plan area is roughly located at the intersection of Oak Park Boulevard and Monticello Avenue, in an urban area of Pleasant Hill, Contra Costa County. The plan area consists of two parcels (Assessor’s Parcel Number [APN] 149-271-014 and APN 149-230-005) and portions of Monticello Avenue, Oak Park Boulevard, and the Grayson Creek Corridor. The plan area was surveyed using standard 15-meter transects moving east-west across plan area whenever possible. Civic Project The survey in this area began in the southwest corner of the lot and moved north, using east-west transects spaced at 15-meter intervals whenever possible. Visible soils consisted of compact, medium brown loam interspersed with small water-worn stones (5 to 10 centimeters) composed of schist, basalt, and quartz. Overall soil visibility was moderate, ranging from 40 to 60 percent across the area. Soils in sections of poor visibility were intermittently inspected using a hand trowel. No historic or prehistoric cultural resources or raw materials commonly used in the manufacture of tools (e.g., obsidian, Franciscan chert, shell, etc.) were found in these areas. The Civic Project includes portions of Oak Park Boulevard and Monticello Avenue, both of which are hardscaped, including pavement and sidewalks. As such, no native soils or potential resources were observed during the survey in this area. Visible soils in the Grayson Creek Corridor area consisted of medium dark brown alluvial soils interspersed with medium water-worn stones (10 to 15 centimeter) composed of schist, basalt and quartz. Overall soil visibility was poor, ranging from 10 to 30 percent across the area. Soils in sections of poor visibility were intermittently inspected using a hand trowel. Soils in immediately adjacent to Grayson Creek were noticeably darker in color; however, upon close inspection at multiple locations, did not contain artifacts or materials consistent with midden soils. Particular attention was paid to the banks of Grayson Creek, as locations adjacent to natural resources are traditionally considered to have higher potential for cultural sensitivity as they were attractive locations for prehistoric human settlement. No historic or prehistoric cultural resources or raw materials commonly used in the manufacture of tools (e.g., obsidian, Franciscan chert, shell, etc.) were found in these areas. Residential Project This section of the plan area is entirely hardscaped, and consists of parking lots and pavement surrounding the main library building and associated offices. As such, no native soils were observed City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-12 FirstCarbon Solutions during the survey in this area. The Library Complex itself, however, was determined to be more than 45 years in age and potentially eligible for inclusion on the CRHR. As such, it is considered a potential historic resource under California Environmental Quality Act (CEQA) and required an assessment of the building’s historic significance and eligibility. A subsequent site visit and historic evaluation was conducted by Daly and Associates in August 2018. Architectural and Historic Resources Assessment Civic Project The Civic Project site does not contain any buildings or structures and therefore does not have any potentially historic resources. Residential Project The existing Pleasant Hill Library located within the Residential Project site is more than 45 years old, and has not been previously evaluated for historic significance. Properties more than 45 years in age are considered potential eligible for listing in the NRHP, CRHR, or local listing and consequently, could be considered historic resources under CEQA. The library was evaluated by Daily and Associates relative to the following CRHR eligibility criteria, which are based on NRHP Standards A-D.26 • It is associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States (Criterion 1). • It is associated with the lives of persons important to local, California, or national history (Criterion 2). • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master or possesses high artistic values (Criterion 3). • It has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation (Criterion 4). CRHR and Local Listing Eligibility Evaluation In 1958, the community of Pleasant Hill recognized the need to build a larger library to address the needs of its residents, and a project was developed between the City and County to construct a new modern building. What is currently called the “Pleasant Hill Library” and located at 1750 Oak Hill Boulevard was originally known as the Contra Costa County Central Library at Pleasant Hill, and served as the local branch library and as the headquarters of the County’s library system. The architectural firm of Corlett and Spackman, which had designed such public buildings as the open-air stadium at the 1960 Winter Olympics in Squaw Valley, was selected to design the new library building. The Pleasant Hill Library was constructed 1960-1961, and opened in 1961. Below, is the evaluation of the building under federal, State, and local criteria for significance as a historical resource. a) Under Criterion A of the NRHP, and Criterion 1 of the CRHR, the library building does not appear to have been associated with events that made a significant contribution to the broad patterns of history in Pleasant Hill, Contra Costa County, or California. The existing library building was 26 Daly and Associates, 2018. Historic Resource Evaluation Report for the Pleasant Hill Library Contra Costa Library System. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-13 not the first library in Pleasant Hill, nor has the building been found to be directly responsible for any important themes or trends associated with the history of municipal libraries constructed during the second half of the twentieth-century. The library building does not appear eligible for listing as a historical resource in the NRHP or CRHR. The library’s chain of ownership was thoroughly researched at the Contra Costa Records Office, archives at the Contra Costa Historical Society, and a search of the California Digital Newspaper Collection. The relative absence of any of these individuals from published accounts of the History of Pleasant Hill indicates that they did not achieve a level of historic importance for the property to be considered eligible under Criterion 1. b) Under the criterion for evaluating properties for its direct association with the lives of persons important to the history of Pleasant Hill, Contra Costa County, or the United States, the library building does not appear eligible for listing in the NRHP under Criterion B, or the CRHR under Criterion 2. No evidence was found that individual library staff or County Library administration associated with the library building on a day-to-day basis, were persons identified as having a direct effect to history of the region, State, or nation. c) Per Criterion C of the NRHP, and Criterion 3 the CRHR, for evaluating the significance of the architecture, design, or construction of built-environment resources, the library building meets the requirements to be determined a significant resource. The library building exhibits the distinctive characteristics of an International style, Mid-Century Modern-era building. The building embodies the International style that is characterized by an emphasis on function, and is devoid of decorative and regional decorative motifs. The style was pioneered by the architect Le Corbusier, and the Bauhaus school, in the 1920s and 1930s.27 The library building is not only an excellent example of International style Mid-Century Modern architecture, but it is also a rare example of a mid-century building with a major space comprised of a round room with associated framing structure, located in Contra Costa County. While it does not appear that the library building would meet the level of importance on a national level to be determined eligible for listing in the NRHP, based on an investigation of the design, materials, method of construction, and its architects, the library building is determined eligible for listing in the CRHR under Criterion 3. d) The library building has not yielded, nor does it appear to have the potential to yield, information important to the history of the local area, California or the nation. The property does not appear eligible for listing in the NRHP under Criterion D or the CRHR under Criterion 4. The library building has also retained the levels of physical integrity as presented in the aspects of the original design, materials, workmanship, location, association, setting, and feeling, which should be present to convey a properties historic significance. Evaluating the library building under the City of Pleasant Hill’s Criteria for Establishment of Historic Districts and Cultural Resources Designations (Pleasant Hill Municipal Code 18.45.070), it has been determined that the building meets Criterion 3, 4, and 6, and therefore could be designated a Cultural Resource in the City of Pleasant Hill. The existing library building is a structure that exemplifies the Mid-Century Modern style of architecture; is one of the best remaining examples of 27 Le Corbusier, 2007. Toward an Architecture. Translated by John Goodman. Los Angeles: Getty Research Institute. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-14 FirstCarbon Solutions Mid-Century Modern style architecture in Pleasant Hill, and, the library building embodies elements of Mid-Century Modern style architecture by its creative use of geometric shapes, use of exposed steel beam framing, glass mosaic tile, and Vitrenamel panels framed in the exterior curtain walls. For purposes of the California Historical Resources Information System (CHRIS), as of August 2018, the library building is assigned California Historical Resource Status Code 3CS as a property that has been found eligible for listing in the CRHR through survey evaluation. Summary of Existing Cultural Resources in the Plan Area Historical Architectural Resources Civic Project There are no sites, buildings, structures, or objects on the Civic Project site that warrant evaluation or further consideration. Residential Project The library building was evaluated for historic significance by Daly and Associates in August 2018. It was assigned California Historical Resource Status Code 3CS as a property that has been found eligible for listing in the CRHR through survey evaluation. As such, it is considered a historic resource under CEQA. Archaeological Resources Civic Project and Residential Project No archaeological resources have been recorded within the Civic Project site or Residential Project site, and none were observed over the course of the pedestrian surveys. Tribal Cultural Resources Civic Project and Residential Project No tribal cultural resources have been recorded within the Civic Project site or Residential Project site, and none have been identified through a search of the NAHC Sacred Lands File and subsequent outreach to Native American representatives conducted pursuant to AB 52. 3.4.3 - Regulatory Framework Federal National Historic Preservation Act The National Historic Preservation Act of 1966 (NHPA), as amended, established the NRHP, which contains an inventory of the nation’s significant prehistoric and historic properties. Under 36 Code of Federal Regulations 60, a property is recommended for possible inclusion on the NRHP if it is at least 50 years old, has integrity, and meets one of the following criteria: • It is associated with significant events in history, or broad patterns of events. • It is associated with significant people in the past. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-15 • It embodies the distinctive characteristics of an architectural type, period, or method of construction; or it is the work of a master or possesses high artistic value; or it represents a significant and distinguishable entity whose components may lack individual distinction. • It has yielded, or may yield, information important in history or prehistory. Certain types of properties are usually excluded from consideration for listing in the NRHP, but they can be considered if they meet special requirements in addition to meeting the criteria listed above. Such properties include religious sites, relocated properties, graves and cemeteries, reconstructed properties, commemorative properties, and properties that have achieved significance within the past 50 years. Archaeological Resources Protection Act The ARPA amended the Antiquities Act of 1906 (16 USC 431–433) and set a broad policy that archaeological resources are important to the nation and should be protected, and required special permits before the excavation or removal of archaeological resources from public or Indian lands. The purpose of the ARPA was to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites that are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data that were obtained before October 31, 1979. American Indian Religious Freedom Act The American Indian Religious Freedom Act (AIRFA) established federal policy to protect and preserve the inherent rights of freedom for Native groups to believe, express, and exercise their traditional religions. These rights include but are not limited to access to sites, use and possession of sacred objects, and freedom to worship through ceremonials and traditional rites. Native American Graves Protection and Repatriation Act The NAGPRA of 1990 sets provisions for the intentional removal and inadvertent discovery of human remains and other cultural items from federal and tribal lands. It clarifies the ownership of human remains and sets forth a process for repatriation of human remains and associated funerary objects and sacred religious objects to the Native American groups claiming to be lineal descendants or culturally affiliated with the remains or objects. It requires any federally funded institution housing Native American remains or artifacts to compile an inventory of all cultural items within the museum or with its agency and to provide a summary to any Native American tribe claiming affiliation. State California Register of Historical Resources As defined by Section 15064.5(a)(3)(A-D) of the CEQA Guidelines, a resource shall be considered historically significant if the resource meets the criteria for listing on the CRHR. The CRHR and many local preservation ordinances have employed the criteria for eligibility to the NRHP as a model, since the NHPA provides the highest standard for evaluating the significance of historic resources. A City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-16 FirstCarbon Solutions resource that meets the NRHP criteria is clearly significant. In addition, a resource that does not meet the NRHP standards may still be considered historically significant at a local or State level. California Environmental Quality Act The CEQA Guidelines state that a resource need not be listed on any register to be found historically significant. The CEQA Guidelines direct lead agencies to evaluate archaeological sites to determine if they meet the criteria for listing in the CRHR. If an archaeological site is a historical resource, in that it is listed or eligible for listing in the CRHR, potential adverse impacts to it must be considered. If an archaeological site is considered not to be an historical resource but meets the definition of a “unique archeological resource” as defined in Public Resources Code Section 21083.2, then it would be treated in accordance with the provisions of that section. CEQA Guidelines Section 15064.5(a)—CEQA Definition of Historical Resources CEQA Guidelines Section 15064.5(a), in Title 14 of the California Code of Regulations, defines a “historical resource” as: (1) A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources. (2) A resource included in a local register of historical resources, as defined in Section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements of Section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. (3) Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources. (4) The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Code), or identified in an historical resources survey (meeting the criteria in Section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code Sections 5020.1(j) or 5024.1. Therefore, under the CEQA Guidelines, even if a resource is not included on any local, State, or federal register, or identified in a qualifying historical resources survey, a lead agency may still determine that any resource is a historical resource for the purposes of CEQA if there is substantial evidence supporting such a determination. A lead agency must consider a resource to be historically significant if it finds that the resource meets the criteria for listing in the CRHR. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-17 Archaeological and historical sites are protected pursuant to a wide variety of State policies and regulations, as enumerated in the Public Resources Code. Cultural resources are recognized as nonrenewable resources and receive additional protection under the Public Resources Code and CEQA. CEQA Guidelines Section 15064.5(a)(3)—California Register of Historical Resources Criteria As defined by Section 15064.5(a)(3)(A-D) of the CEQA Guidelines, a resource shall be considered historically significant if the resource meets the criteria for listing on the CRHR. The CRHR and many local preservation ordinances have employed the criteria for eligibility to the NRHP as a model (see criteria described above under the description of the NHPA), since NHPA provides the highest standard for evaluating the significance of historic resources. A resource that meets NRHP criteria is clearly significant. In addition, a resource that does not meet NRHP standards may still be considered historically significant at a local or State level. CEQA Guidelines—Effects on Archaeological Resources The CEQA Guidelines state that a resource need not be listed on any register to be found historically significant. The CEQA guidelines direct lead agencies to evaluate archaeological sites to determine if they meet the criteria for listing in the CRHR. If an archaeological site is a historical resource, in that it is listed or eligible for listing in the CRHR, potential adverse impacts to it must be considered. If an archaeological site is considered not to be an historical resource but meets the definition of a “unique archeological resource” as defined in Public Resources Code Section 21083.2, then it would be treated in accordance with the provisions of that section. CEQA Guidelines Section 15064.5(d)—Effects on Human Remains Native American human remains and associated burial items may be significant to descendant communities and/or may be scientifically important for their informational value. They may be significant to descendant communities for patrimonial, cultural, lineage, and religious reasons. Human remains may also be important to the scientific community, such as prehistorians, epidemiologists, and physical anthropologists. The specific stake of some descendant groups in ancestral burials is a matter of law for some groups, such as Native Americans (CEQA Guidelines § 15064.5(d); PRC § 5097.98). CEQA and other State regulations regarding Native American human remains provide the following procedural requirements to assist in avoiding potential adverse effects on human remains within the contexts of their value to both descendant communities and the scientific community: • When an initial study identifies the existence or probable likelihood that a project would affect Native American human remains, the lead agency is to contact and work with the appropriate Native American representatives identified through the NAHC to develop an agreement for the treatment and disposal of the human remains and any associated burial items (CEQA Guidelines § 15064.5(d); PRC § 5097.98). • If human remains are accidentally discovered, the county coroner must be contacted. If the county coroner determines that the human remains are Native American, the coroner must contact the NAHC within 24 hours. The NAHC must identify the most likely descendant (MLD) to provide for the opportunity to make recommendations for the treatment and disposal of the human remains and associated burial items. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-18 FirstCarbon Solutions • If the MLD fails to make recommendations within 24 hours of notification or the project applicant rejects the recommendations of the MLD, the Native American human remains and associated burial items must be reburied in a location not subject to future disturbance within the project site (PRC § 5097.98). • If potentially affected human remains or a burial site may have scientific significance, whether or not it has significance to Native Americans or other descendent communities, then under CEQA, the appropriate mitigation of effect may require the recovery of the scientific information of the remains/burial through identification, evaluation, data recovery, analysis, and interpretation (CEQA Guidelines § 15064.5(c)(2)). Native American Heritage Commission Sacred Lands Inventory Section 5097.91 of the Public Resources Code established the whose duties include the inventory of places of religious or social significance to Native Americans and the identification of known graves and cemeteries of Native Americans on private lands. This inventory is referred to as the NAHC Sacred Lands File. Under Section 5097.9 of the Public Resources Code, a State policy of noninterference with the free expression or exercise of Native American religion was articulated along with a prohibition of severe or irreparable damage to Native American sanctified cemeteries, places of worship, religious or ceremonial sites or sacred shrines located on public property. Section 5097.98 of the Public Resources Code specifies a protocol to be followed when the NAHC receives notification of a discovery of Native American human remains from a county coroner. Section 5097.5 defines as a misdemeanor the unauthorized disturbance or removal of archaeological, historic, or paleontological resources located on public lands. California Senate Bill 18—Tribal Consultation SB 18 (California Government Code, § 65352.3) incorporates the protection of California traditional tribal cultural places into land use planning for cities, counties, and agencies by establishing responsibilities for local governments to contact, refer plans to, and consult with California Native American tribes as part of the adoption or amendment of any general or specific plan proposed on or after March 1, 2005. SB 18 requires public notice to be sent to tribes listed on the Native American Heritage Commission’s SB 18 Tribal Consultation list within the geographical areas affected by the proposed changes. Tribes must respond to a local government notice within 90 days (unless a shorter time frame has been agreed upon by the tribe), indicating whether or not they want to consult with the local government. Consultations are for the purpose of preserving or mitigating impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code that may be affected by the proposed adoption or amendment to a general or specific plan. California Assembly Bill 52—Effects on Tribal Cultural Resources AB 52 was signed into law on September 25, 2014, and provides that any public or private “project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.” Tribal Cultural Resources include “[s]ites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources.” Under prior law, Tribal Cultural Resources were typically City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-19 addressed under the umbrella of “cultural resources,” as discussed above. AB 52 formally added the category of “tribal cultural resources” to CEQA, and extends the consultation and confidentiality requirements to all projects, rather than just projects subject to SB 18 as discussed above. The parties must consult in good faith, and consultation is deemed concluded when either: (1) the parties agree to measures to mitigate or avoid a significant effect on a tribal cultural resource (if such a significant effect exists); or (2) when a party concludes that mutual agreement cannot be reached. Mitigation measures agreed upon during consultation must be recommended for inclusion in the environmental document. AB 52 also identifies mitigation measures that may be considered to avoid significant impacts if there is no agreement on appropriate mitigation. Recommended measures include: • Preservation in place • Protecting the cultural character and integrity of the resource • Protecting the traditional use of the resource • Protecting the confidentiality of the resource. • Permanent conservation easements with culturally appropriate management criteria. Local Pleasant Hill 2003 General Plan The cultural and historic resources chapter of the Pleasant Hill 2003 General Plan contains the following goals and policies related to the protection of cultural resources that are relevant to this analysis: Community Development Goal 25: Preserve Historic Sites and Structures • Goal 25A: Pursue methods to maintain historic structures and appropriately designate and protect additional historic and cultural resources that may exist in the City. • Policy 25.1: Maintain the historic and cultural resources overlay districts for potential future application. • Policy 25.2: Conduct a survey of the city to identify historic or cultural sites eligible for resource protection, with specific consideration of structures 45 years old and older. • Policy 25.4: Establish a commission that includes experts in local history and archaeology to manage the city’s historic resources and/or add cultural resource management responsibility to the charge of the Architectural Review Commission. • Policy 25.5: If cultural resources are unearthed during construction, earth-disturbing work shall be suspended until appropriate mitigation is established by the City in consultation with a qualified archaeologist retained by the developer and/or with the County Coroner. • Policy 25.6: Require archaeological archival study for proposed development projects, plus field study for projects on previously undeveloped properties. Pleasant Hill Municipal Code Chapter 18.45 a. 18.45.010 Specific Purposes The specific purposes of the historic districts and cultural resources overlay districts are to prevent neglect of historic or architecturally significant buildings, encourage public appreciation of the city’s City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-20 FirstCarbon Solutions past, foster civic and neighborhood pride, enhance property values and increase economic and financial benefits to the city, and encourage public participation in identifying and preserving historical and architectural resources. The historic districts and cultural resources overlay districts are intended to: A. Promote the conservation, preservation, protection, and enhancement of cultural resources, landmarks and historic districts, sites, buildings, structures and objects significant in history, architecture, archaeology, and culture which impart a distinct aspect to the city and serve as visible reminders of the city’s culture and heritage; B. Deter demolition, destruction, alteration, misuse, or neglect of historically, culturally, archaeologically or architecturally significant districts, sites, buildings and objects that form an important link to the city’s past; C. Encourage development tailored to the character and significance of each historic district or landmark through an historic district conservation plan that includes goals, objectives, and design standards; D. Provide a review process for the appropriate preservation and development of important cultural, architectural and historical resources; and E. Promote maintenance of a harmonious outward appearance of both historic and modern structures through complementary scale, form, color, proportion, texture and material. (Ord. 710 § 35-12.1, 1996; 1991 Code § 35-12.1) b. 18.45.060 Procedure I. General. An application for an amendment to the zoning map for an “H” historic district designation or “CR” cultural resources designation shall be processed pursuant to the procedures and criteria of PHMC Chapter 18.125 and the criteria of this section. II. Additional application contents. A. Historic district application. In addition to the application contents required for an amendment to the zoning map pursuant to PHMC Chapter 18.125, an application for an amendment to the zoning map for an “H” historic district designation shall include a proposed historic district conservation plan for the “H” historic district containing: 1. A map and description of the proposed “H” historic district, including boundaries; photographs of buildings in the proposed district; an inventory of the age, setting, character and architectural, cultural or historical significance of structures in the proposed district; and proposed objectives to be achieved in the “H” historic district; 2. A statement of the architectural, cultural, or historical significance of the proposed “H” historic district and a description of structures and features to be preserved; 3. A list of specific categories of exterior alterations that require approval of a certificate of appropriateness to preserve the architectural or historical integrity of the proposed “H” historic district; and 4. A set of specific performance guidelines and standards for reviewing applications for demolition of buildings, new construction and exterior alterations, signs, landscape and streetscape features that will preserve the integrity of the “H” historic district. Where an “H” historic district designation is initiated by the city, the architectural review commission shall assist in the preparation of the historic district conservation City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-21 plan. When the applicant is not the city, a form bearing the signatures of all of the property owners within the proposed “H” historic district requesting the designation must be submitted at the time the application is filed. B. Cultural resources district application. In addition to the application contents required for an amendment to the zoning map under PHMC Section 18.125.030, an application for an amendment to the zoning map for a “CR” cultural resources designation shall include the following: 1. A map showing the location of the building or structure and building plans or photographs of the building exterior; 2. A statement of the cultural significance of the building or structure, and a description of the particular features that should be preserved; and 3. Except when initiated by the city, the consent of the owner or authorized agent of the building or structure proposed for designation. C. Review and recommendation of zoning administrator. Upon determination that the application for amendment to the zoning map for an “H” historic district designation or “CR” cultural resources designation is complete, the zoning administrator shall prepare a staff report. D. Architectural review commission review. After completion of the staff report, but before scheduling the planning commission public hearing, the zoning administrator shall refer the application for amendment to the zoning map for an “H” historic district designation or “CR” cultural resources designation to the architectural review commission for review and recommendation to the planning commission and the city council. E. Recommendation by planning commission/action by city council. An application for an amendment to the zoning map for an “H” historic district designation or “CR” cultural resources shall be the subject of public hearings before the planning commission and the city council. (Ord. 890 § 24, 2015; Ord. 710 § 35-12.10, 1996; 1991 code § 35-12.10) c. 18.45.070 Criteria for Establishment of Historic Districts and Cultural Resources Designations A. General criteria. In addition to the criteria for amendments to the zoning map established in PHMC Chapter 18.125, the city council shall consider the following criteria in determining whether to adopt an ordinance designating an “H” historic district or “CR” cultural resources: 1. The area, structures or site possesses value as a visible reminder of the cultural heritage of the city. 2. The area, structure or site is identified with a person, group, or event that contributed significantly to the cultural or historical development of the city. 3. Structures within the area exemplify a particular architectural style or way of life important to the city. 4. Structures within the area are the best remaining examples of an architectural style in a neighborhood. 5. The area or its structures are identified as the work of a person or group whose work has influenced the heritage of the city. 6. The area or its structures embody elements of outstanding attention to architectural or landscape design, detail, materials, or craftsmanship. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-22 FirstCarbon Solutions 7. The area is related to a designated historic or landmark building or district in such a way that its preservation is essential to the integrity of the building or district. 8. Specific evidence exists that unique archaeological resources are present. 3.4.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 CEQA Guidelines, Appendix G, to determine whether impacts related to cultural resources are significant environmental effects, the following questions are analyzed and evaluated. Would implementation of the proposed plan: a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? d) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)? e) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? Approach to Analysis This evaluation focuses on whether implementation of the proposed plan would impact historic, archaeological, or tribal cultural resources. The historic resources impact analysis is based on information collected from record searches at the NWIC, additional archival research, pedestrian surveys, and information from a historic architectural assessment of existing properties more than 45 years in age located within plan area boundaries. The archeological and human remains impact analysis is based on information collected from record searches at the NWIC, the NAHC, additional archival research, pedestrian surveys, and outreach to Native American representatives identified by the NAHC as potentially having an interest in or additional information on the plan area. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-23 Both direct and indirect effects of the proposed plan implementation were considered for this analysis. Direct impacts are typically associated with construction and/or ground-disturbing activities, and have the potential to immediately alter, diminish, or destroy all or part of the character and quality of archaeological resources and/or historic architecture. Indirect impacts are typically associated with post-project implementation conditions that have the potential to alter or diminish the historical setting of a cultural resource (generally historic architecture) by introducing visual intrusions on existing historical structures that are considered undesirable. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of impacts to cultural and tribal cultural resources resulting from implementation of the proposed plan. • Impair a historic resource’s eligibility ability to convey its significance (i.e., affect a resources’ inclusion in the NRHP or CRHR) or not adhere to the Secretary of Interior’s Standards for Rehabilitation. • Physically damage or destroy archaeological data or human remains. • Physically damage, destroy, or otherwise adversely impact a site, feature, place, or cultural landscape with cultural value to a California Native American tribe and that is a resource determined by the City of Napa, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. Impact Evaluation Historic Resources Impact CUL-1: The proposed plan would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5. Construction Civic Project Three existing historic resources have been previously recorded within a 0.5-mile radius of the Civic Project site, however, none are located within the boundaries of the Civic Project, and none were encountered during the pedestrian field survey. Residential Project Three existing historic resources have been previously recorded within a 0.5-mile radius of the Residential Project site; however, none are located within the boundaries of the Residential Project site. The Pleasant Hill Library located at 1750 Oak Park Boulevard was built 1961. Due to the age of the building, a Historic Resource Evaluation Report was conducted to identify and evaluate the subject property as a potential historic resource. Based on the investigation, per Criterion 3 of the CRHR (distinctive characteristics of a type, period, region, or method of construction), the Pleasant Hill Library building, being an International-style, Mid-century Modern-era building, meets the requirements to be determined a significant resource and eligible for listing in the CRHR. For City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-24 FirstCarbon Solutions purposes of the CHRIS, the Pleasant Hill Library is assigned California Historical Resource Status Code 3CS as a property that has been found eligible for listing in the CRHR through survey evaluation. As such, demolition of the existing library building would result in an adverse impact to this historic resource. This would represent a potentially significant impact. Although implementation of Mitigation Measure (MM) CUL-1a (which requires documentation of the Pleasant Hill Library using the Historic American Building Survey Level II Standards) and MM CUL- 1b (which requires the project sponsor for the Residential Project to install an interpretive sign or display at the proposed library) would lessen the historic loss to the community as a whole, the demolition of the existing library building would remain a significant impact. Operation Civic Project and Residential Project Impacts related to the potential for implementation of the Civic Project and Residential Project to cause a substantial adverse change in the significance of a historical resource are limited to construction impacts. No respective operational impacts would occur from implementation of either the Civic Project or the Residential Project. Level of Significance Before Mitigation Potentially Significant (Residential Project) No Impact (Civic Project) Mitigation Measures MM CUL-1a Prepare Historic American Building Survey Report for the Existing Library Prior to Demolition Residential Project: The project sponsor for the Residential Project shall be responsible to have prepared documentation of Pleasant Hill Library using the Historic American Building Survey (HABS) Level II standards as the guideline for recording the building through photographs, drawings, and written description prior to demolition. The following documentation will be determined as adequate to document and record the historic resource: • Written Data: The historic narrative and architectural description prepared for this current study should suffice unless the location of additional drawings or plans by Corlett and Spackman for the Pleasant Hill Library are discovered, and can provide additional information to document the history of the library. • Drawings: Under HABS Level II, if the original drawings of the interior and exterior elevations of the library building are available, they should be reproduced in ink on vellum or Mylar. If the original drawings/plans for the interior and exterior elevations of library building cannot be located, then drawings should be prepared by a licensed architect as follows: 1. Drawings can be hand-drawings or computer-drawn, using archival ink or pencil on vellum or Mylar. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-25 2. Scaled drawings created based on field measurements for interior and exterior elevations. 3. Scaled drawings created based on field measurements for interior and exterior elevations. 4. Provide details of any character-defining elements such as exposed beams, curtain glass and Vitrenamel units, roof buttress, main room pillar, etc. 5. If recently executed measured drawings exist, they may substitute for the need to create new drawings. • Photographs: High-quality, color digital photographs, captured by a professional architectural photographer may be used to fully document the property. HABS Level II photo-documentation standards require a representative number of photographs be produced to capture interior and exterior views, and character-defining architectural details, of each section of the library building. It is also recommended that a representative number of photographs be taken to show the building’s setting in context, and in relationship to its surrounding environment. Digital cameras should be 6 megapixels or higher, and prints (4” x 5”, 5” x 7”, or 8” x 10”) be printed on archival stable paper with correct labeling and an accompanying shot maps. • High-quality, color digital photographs, captured by a professional architectural photographer may be used to fully document the property. HABS Level II photo- documentation standards require a representative number of photographs be produced to capture interior and exterior views, and character-defining architectural details, of each section of the library building. It is also recommended that a representative number of photographs be taken to show the building’s setting in context, and in relationship to its surrounding environment. Digital cameras should be 6 megapixels or higher, and prints (4” x 5”, 5” x 7”, or 8” x 10”) be printed on archival stable paper with correct labeling and an accompanying shot maps. MM CUL-1b Provide History of the Libraries of Pleasant Hill Public Interpretive Display Residential Project: The project sponsor for the Residential Project shall be responsible to have a “History of the Libraries of Pleasant Hill” interpretive sign or display available for public viewing in the proposed new library. The interpretive sign or display shall present a history (comprised of narrative text and photographs) of the previous libraries in the community, and the significance of the International Style of architecture to the design of the Pleasant Hill Library. The interpretive display shall be prepared by a qualified Architectural Historian or Historian with experience in creating such exhibits and materials for educational purposes. The design and content of the interpretive display shall be approved by the City of Pleasant Hill Planning Division and the County Librarian (or their designee). Level of Significance After Mitigation Significant and Unavoidable with Mitigation (Residential Project) No Impact; no mitigation is necessary (Civic Project) City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-26 FirstCarbon Solutions Archaeological Resources Impact CUL-2: The proposed plan could cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5. Construction Civic Project Records search results from the NWIC indicate the presence of archaeological resources within 0.5 mile of the Civic Project site. Pedestrian surveys did not reveal the existence of any archaeological resources within the Civic Project site; however, large sections, particularly those in proximity to Grayson Creek, were obscured by ground cover thus limiting the efficacy of the survey. As such, there is a moderate probability of encountering undiscovered archaeological resources in proximity to Grayson Creek, a natural resource that has been utilized by inhabitants of the area since prehistoric times. Such resources could consist of but are not limited to stone, bone, wood, or shell artifacts or features, including hearths and structural elements. Implementation of MM CUL-2, which requires inspection of the plan area following grubbing and clearing, and also requires monitoring of ground disturbance in close proximity to Grayson Creek would ensure that any inadvertent discovery of an archaeological resource is properly identified and treated in accordance with federal and State regulations. Therefore, the construction impact related to unknown archeological resources would be less than significant with mitigation. Residential Project Records search results from the NWIC indicate the presence of archaeological resources within 0.5 mile of the Residential Project site. Pedestrian surveys did not reveal the existence of any archaeological resources within the Residential Project site; however, the site is largely covered by impervious surfaces, limiting the efficacy of the survey. As such, there is a moderate probability of encountering undiscovered archaeological resources. Implementation of MM CUL-2, which requires inspection of the plan area following grubbing and clearing, and implementation of identification and treatment procedures in accordance with federal and State regulations in the event of any inadvertent discovery of an archaeological resource, would ensure that the potential construction impact related to unknown archeological resources would be less than significant with mitigation. Operation Civic Project and Residential Project Impacts related to the proposed plan’s potential to cause a substantial adverse change in the significance of an archeological resource are limited to construction impacts. No respective operational impacts would occur. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-27 Mitigation Measures MM CUL-2 Conduct Construction Archeological Resources Monitoring Civic Project: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should inspect the Civic Project site once grubbing and clearing is complete, and prior to any grading or trenching into previously undisturbed soils. Due to an increased probability of encountering undiscovered resources, the archaeologist shall monitor all grading and ground disturbing activities taking place within 100 feet of Grayson Creek. If the archaeologist believes that a reduction in monitoring activities is prudent, then a letter report detailing the rationale for making such a reduction and summarizing the monitoring results shall be provided to the City of Pleasant Hill for concurrence. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease and workers shall avoid altering the materials until an archaeologist has evaluated the situation. The City and Recreation and Park District shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. The archaeologist shall make recommendations concerning appropriate measures that will be implemented to protect the resource, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the Civic Project shall be recorded on appropriate California Department of Parks and Recreation (DPR) 523 forms and will be submitted to the City of Pleasant Hill, the Northwest Information Center, and the State Historic Preservation Office (SHPO), as required. Residential Project: An archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for archaeology should inspect the Residential Project site once grubbing and clearing is complete, and prior to any grading or trenching into previously undisturbed soils. If the archaeologist believes that a reduction in monitoring activities is prudent, then a letter report detailing the rationale for making such a reduction and summarizing the monitoring results shall be provided to the City of Pleasant Hill for concurrence. In the event a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease and workers shall avoid altering the materials until an archaeologist has evaluated the situation. The County shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Potentially significant cultural resources consist of but are not limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or features including hearths, structural remains, or historic dumpsites. The archaeologist shall make recommendations City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-28 FirstCarbon Solutions concerning appropriate measures that will be implemented to protect the resource, including but not limited to excavation and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Any previously undiscovered resources found during construction within the Residential Project site shall be recorded on appropriate DPR 523 forms and will be submitted to the City of Pleasant Hill, the Northwest Information Center, and the SHPO, as required. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Burial Sites Impact CUL-3: The proposed plan could disturb human remains, including those interred outside of formal cemeteries. Construction Civic Project and Residential Project No human remains or cemeteries are known to exist within or near the plan area. There is always the possibility, however, that subsurface construction activities associated with the proposed plan, such as trenching and grading, could potentially damage or destroy previously undiscovered human remains. This would represent a potentially significant impact. However, in the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 must be followed. In the unlikely event that human remains are discovered, implementation of MM CUL-3 would reduce the construction impact related to previously undiscovered human remains to less than significant with mitigation. Operation Civic Project and Residential Project Impacts related to a proposed plan’s potential to disturb human remains are limited to construction impacts. No respective operational impacts would occur. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM CUL-3 Stop Construction Upon Encountering Human Remains Civic Project and Residential Project: In the event of the accidental discovery or recognition of any human remains, CEQA Guidelines Section 15064.5, Health and Safety Code Section 7050.5, and Public Resources Code Sections 5097.94 and Section 5097.98 shall be followed. (This mitigation may affect both projects depending on the location of any discovered remains.) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-29 If during the course of construction of the Civic Project or the Residential Project, there is accidental discovery or recognition of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine if the remains are Native American and if an investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the MLD of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resource Code Section 5097.98. 2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the most likely descendant or within the plan area in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner. Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains: • When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project, a lead agency shall work with the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code Section 5097.98. The applicant may develop a plan for treating or disposing of, with appropriate dignity, the human remains and any items associated with Native American Burials with the appropriate Native Americans as identified by the Native American Heritage Commission. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-30 FirstCarbon Solutions Listed or Eligible Tribal Cultural Resources Impact CUL-4: The proposed plan would not cause a substantial adverse change in the significance of a Tribal Cultural Resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). Construction Civic Project and Residential Project No listed or potentially eligible tribal cultural resources have been identified within the plan area. Specifically, a review of the CRHR, the NAHC Sacred Lands File, a records search conducted at the NWIC, and a pedestrian survey of the plan area failed to identify any listed tribal cultural resources that could be adversely affected by construction of the Civic Project and Residential Project. As such, there are no known eligible or potentially eligible tribal cultural resources that could be adversely affected by implementation of the proposed plan. Therefore, no construction impacts related to previously listed or eligible tribal cultural resources would occur. Operation Civic Project and Residential Project Impacts related to the potential for the Civic Project and Residential Project to cause a substantial adverse change in the significance of a listed or eligible tribal cultural resource are limited to construction impacts. No respective operational impacts would occur. Level of Significance No Impact (Civic Project and Residential Project) Lead Agency Determined Tribal Cultural Resources Impact CUL-5: The proposed plan would not cause a substantial adverse change in the significance of a tribal cultural resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. Construction Civic Project and Residential Project On May 10, 2018, a letter was sent to the NAHC in an effort to determine whether any sacred sites are listed on its Sacred Lands File for the plan area. A response was received on May 15, 2018, indicating that the Sacred Lands File failed to indicate the presence of Native American cultural resources in the immediate plan area. The NAHC included a list of six tribal representatives available for consultation. To ensure that all Native American knowledge and concerns over potential tribal cultural resources that may be affected by the Civic Project and Residential Project are addressed, a letter containing information on the proposed plan and requesting any additional information was sent to each tribal representative on December 19, 2018. No responses have been received to date. Additionally, the City of Pleasant Hill provided formal notification to applicable Native American Governments on pursuant to California AB 52 and SB 18 on November 20, 2018. No requests for consultation were received within the specified timeframe, however a subsequent request for City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-31 information was received from Wilton Rancheria, who had previously not requested consultation pursuant to AB 52. The City provided formal notification of the Civic Project and Residential Project and general plan amendment to Wilton Rancheria on February 1, 2019. Wilton Rancheria replied by e- mail on February 24, 2019, stating that, with regards to the Pleasant Hill 2003 General Plan Amendment and SB 18, the Tribes only concern was that in the event of the discovery of Native American Artifacts or Human remains, procedures outlined in the ARPA (16 USC 469), NAGPRA (25 USC 3001-30013), Health and Safety Code Section 7050.5, and Public Resources Code Section 5097.9 et al., be followed. Wilton Rancheria sent a second e-mail on February 26, 2019, requesting additional information about proposed plan pursuant to AB 52. A copy of all records search results and draft mitigation measures were sent to Wilton Rancheria for review and comment on February 27, 2019. No additional comments or requests for consultation have been received to date. The City of Pleasant Hill, in its capacity as lead agency, has also not identified or determined any tribal cultural resources to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. As such, no construction impacts related to known tribal cultural resources would occur. There is always a possibility that previously undiscovered tribal cultural resources may be encountered during plan-related ground disturbance. As such, implementation of MM CUL-2 and MM CUL-3 would require construction archeological resources monitoring to be conducted and that construction be stopped upon encountering human remains. Therefore, construction impacts related to lead agency determined tribal cultural resources would less than significant with mitigation. Operation Civic Project and Residential Project Impacts related to the potential of the Civic Project and Residential Project to cause a substantial adverse change in the significance of a lead agency determined tribal cultural resource are limited to construction impacts. No respective operational impacts would occur. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM CUL-2 and MM CUL-3 (Civic Project and Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) 3.4.5 - Cumulative Impacts Historic Resources The relevant geographic scope for historic resources is the City of Pleasant Hill. The library building, located at 1750 Oak Park Boulevard on the Residential Project site is eligible for listing under the City of Pleasant Hill’s Criteria for Establishment of Historic Districts and Cultural Resources Designations (Pleasant Hill Municipal Code 18.45.070). The library building therefore qualifies as a historic resource under CEQA. Since the Residential Project would involve the demolition of the library building, this would result in a significant and unavoidable impact related to a known historic resource. City of Pleasant Hill—Oak Park Properties Specific Plan Cultural and Tribal Cultural Resources Draft EIR 3.4-32 FirstCarbon Solutions According to the assessment conducted by Daly and Associates in August 2018, the library building exhibits the distinctive characteristics of an International style, Mid-Century Modern-era building; a style that was pioneered by the architect Le Corbusier and the Bauhaus school in the 1920s and 1930s. The building embodies the International style that is characterized by an emphasis on function, and is devoid of decorative and regional decorative motifs. The library building also possesses elements of Mid-Century Modern style architecture through its creative use of geometric shapes, use of exposed steel beam framing, glass mosaic tile, and Vitrenamel panels framed in the exterior curtain walls. Furthermore, the library building has also retained the levels of physical integrity as presented in the aspects of the original design, materials, workmanship, location, association, setting, and feeling, which should be present to convey a properties historic significance. The library building is not only an excellent example of International style Mid-Century Modern architecture, but it is also a rare example of a mid-century building with a major space comprised of a round room with associated framing structure, located in Contra Costa County. According to the assessment, the library building is a structure that exemplifies the Mid-Century Modern style of architecture and is one of the best remaining examples of Mid-Century Modern style architecture in Pleasant Hill. The building’s demolition therefore, would be a significant contributing factor to an overall cumulative impact to historic resources within the City of Pleasant Hill. Implementation of Mitigation Measure (MM) CUL-1a requires documentation of the Pleasant Hill Library using the Historic American Building Survey Level II Standards and MM CUL-1b requires the project sponsor for the Residential Project to install an interpretive sign or display at the proposed library. These mitigation measures would lessen the historic loss to the community as a whole; however the cumulative impact to historic resources would be significant and unavoidable with mitigation. Archeological Resources The geographic scope of the cumulative archeological resources analysis is the vicinity of the plan area. Archeological resource impacts tend to be localized, because the integrity of any given resource depends on what occurs in the immediate vicinity around that resource, such as disruption of soils; therefore, in addition to the plan area itself, the area near the plan area boundary (generally within a 0.5-mile radius), would be the area most affected. Given that the proposed plan would not have a known, direct impact on any known archaeological resources, cumulative project impacts are less than significant. Construction activities associated with cumulative development projects in the plan area vicinity may have the potential to encounter undiscovered cultural resources. For example, construction of the proposed daycare facility across Oak Park Boulevard could combine with implementation of the proposed plan to result in a cumulative archeological resources impact. These cumulative projects would be required to mitigate for impacts through compliance with applicable federal and State laws governing cultural resources. Additionally, the implementation of standard construction mitigation measures would ensure that undiscovered cultural resources are not adversely affected by plan-related construction activities, which would prevent the destruction or degradation of potentially significant cultural resources in the vicinity of the plan area. Given the standard archeological resources mitigation measures that would apply to the cumulative projects (including the proposed plan), the cumulative impact related to archaeological resources would be less than significant with mitigation. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Cultural and Tribal Cultural Resources FirstCarbon Solutions 3.4-33 Tribal Cultural Resources Given that the proposed plan would have no impact on previously recorded or considered tribal cultural resources, the proposed plan could not combine with other cumulative projects to have a cumulative impact related to tribal cultural resources. Therefore, there would be no cumulative tribal cultural resources impact. Overall The demolition of the existing Pleasant Hill Library building, located at 1750 Oak Park Boulevard on the Residential Project site and determined to be a historic resource under CEQA would result in a significant and unavoidable cumulative impact with regards to historic resources within the City of Pleasant Hill. Level of Cumulative Significance Before Mitigation Significant and Unavoidable (Residential Project) Less Than Significant (Civic Project) Cumulative Mitigation Measures Implement MM CUL-1a and MM CUL-1b (Residential Project) Level of Cumulative Significance After Mitigation Significant and Unavoidable (Residential Project) Less Than Significant (Civic Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-1 3.5 - Geology and Soils 3.5.1 - Introduction This section describes the existing geology and soils in the region and Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to geology and soils that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on project-specific Geotechnical Exploration prepared by ENGEO for the Civic Project site, dated July 2, 2018 and revised September 24, 2018; the project- specific Geotechnical Exploration prepared by ENGEO for the Residential Project site, dated September 4, 2018; and a Paleontological Records Search performed by Kenneth Finger, PhD, all of which are included in Appendix F. The analysis in this section is also based on review of the Pleasant Hill 2003 General Plan and the United States Geological Survey (USGS). No comments were received during the Environmental Impact Report (EIR) scoping period related to geology and soils. 3.5.2 - Environmental Setting Geologic Setting Contra Costa County Area Contra Costa County and surrounding areas are located in the Coast Ranges geomorphic province of California. The Coast Ranges geomorphic province is characterized by a system of northwest-trending, fault-bounded mountain ranges and intervening alluvial valleys. Bedrock in the Coast Ranges consists of igneous, metamorphic, and sedimentary rocks that range in age from Jurassic to Pleistocene. The present topography and geology of the Coast Ranges are the result of deformation and deposition along the tectonic boundary between the North American Plate and the Pacific Plate. Plate boundary fault movements are largely concentrated along the well-known fault zones, which in the area include the San Andreas, Hayward, and Calaveras Faults, as well as other lesser-order faults.1 Plan Area The plan area is located in southeast Pleasant Hill and is underlain by soils that are consistent with alluvial fan deposits of the Holocene era.2 Existing Soils Corrosive soils are a geologic hazard, because they react with concrete and ferrous metals, which can cause damage to foundations and buried pipelines. Expansive soils are a geologic hazard, because an increase in soil volume can exert forces on structures and, thus, damage building foundations, walls, and floors. In general, areas are susceptible to differential settlement if underlain by compressible sediments, such as poorly engineered artificial fill or loose unconsolidated alluvial sediments. When these soils dry out and shrink, structural damage can occur. 1 ENGEO Inc. Pleasant Hill Library and Park Geotechnical Exploration Report, September 24, 2018, page 4. 2 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-2 FirstCarbon Solutions City of Pleasant Hill The City of Pleasant Hill lies mostly atop Quaternary clays and clay loams deposited by stream activity. Alluvium is older in west Pleasant Hill and younger in eastern Pleasant Hill where stream activity is more prevalent. Hilly areas of the City represent outcrops of older volcanic and sedimentary bedrock.3 Plan Area The plan area is located within the west portion of Ygnacio Valley. Ygnacio Valley represents an area of low relief, between Mount Diablo within the Diablo Range to the east and the Briones Hills within the East Bay Hills to the west.4 Bedrock exposed in the Briones Hills directly west of the plan area generally comprises units of the Monterey Formation and Martinez Group.5 Civic Project Soils underlying the proposed library and park components contain alluvial fan deposits, which are commonly unconsolidated, heterogeneous, poorly to moderately sorted, irregularly interbedded clays and silts containing discontinuous lenses of sand, silty clay, and gravel. The alluvium soils may consist of moderately to highly expansive clay to sandy clay.6 These soils could experience settlement of up to 0.5 inches once the Civic Project structures are complete.7 Potentially expansive soils were also encountered near the surface and would be considered corrosive.8,9 Similar soil types and soil properties are anticipated under Oak Park Boulevard, Monticello Avenue and Grayson Creek Corridor. Residential Project Soils consist of mostly clay and silty clay, with interbedded layers of silty sand, sandy silt, and poorly graded sand. In addition, there is an existing layer of fill between 2.5- and 5.5-feet-thick beneath the surface that could be related to the filling of old channels.10 Soil settlement could occur due to consolidation of clayey soils and could result in up to 1 to 1.5 inches of settlement.11 Expansive high plasticity clay soils were found near the surface in the southern portion of the Residential Project site, and expansive silty and lean clay was encountered near the surface in the northern area of the Residential Project site. These clayey soils are expansive and could experience moderate to very high shrink/swell potential. Seismicity The term seismicity describes the effects of seismic waves that are radiated from an earthquake fault in motion. While most of the energy released during an earthquake results in the permanent displacement of the ground, as much as 10 percent of the energy may dissipate immediately in the form of seismic waves. Seismicity can result in seismic-related hazards such as fault rupture, ground 3 Pleasant Hill. 2003 General Plan. Safety and Noise: Geologic Hazards, page 61. 4 ENGEO Inc. Pleasant Hill Library and Park Geotechnical Exploration Report, September 24, 2018, page 4. 5 Ibid. 6 Ibid. 7 Ibid., 15. 8 Ibid., 12. 9 Ibid., Appendix B. 10 ENGEO Inc. 1750 Oak Park Boulevard Geotechnical Exploration Report, September 4, 2018, page 4. 11 Ibid., 11. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-3 shaking, and liquefaction. Faults form in rocks when stresses overcome the internal strength of the rock, and fault rupture occurs when movement on a fault breaks through to the surface and can result in damage to infrastructure and persons. Ground movement during an earthquake can vary depending on the overall magnitude, distance to the fault, focus of earthquake energy, and type of geologic material. The composition of underlying soils, even those relatively distant from faults, can intensify ground shaking. Strong ground shaking from an earthquake can result in damage, with buildings shifted off their foundations and underground pipes being broken. Liquefaction occurs when an earthquake causes ground shaking that result in saturated soil losing shear strength, deforming, and acting like a liquid. When liquefaction occurs, it can result in ground failure that can result in damage to roads, pipelines, and buildings The San Francisco Bay Area contains numerous active earthquake faults. Because of the presence of nearby active faults, the San Francisco Bay Area is considered seismically active. Numerous small earthquakes occur every year in the San Francisco Bay Area, and larger earthquakes have been recorded and can be expected to occur in the future. According to the third version of Uniform California Earthquake Forecast (UCERF 3), there is an aggregated 98 percent probability of a moment magnitude 6.0 (Richter scale) or greater earthquake occurring in the plan area on an active Bay Area fault over the next 30 years. Contra Costa County Area Contra Costa County has been subjected to numerous seismic events, originating both on faults within the County and in other parts of the region. Six major Bay Area earthquakes have occurred since 1800 that affected the County, and at least two of the faults that produced them run through or into the County. These earthquakes and the originating faults include the 1836 and 1868 earthquakes on the Hayward Fault, and the 1861 earthquake on the Calaveras Fault. Two earthquakes, in 1838 and 1906, originated on the San Andreas Fault, west of the County near San Francisco or to the south, while one earthquake (with two major shocks) that caused some damage in the County occurred in 1872 and was centered north of Contra Costa County in the Vacaville- Winters area of Solano County. These latter events likely occurred on a thrust fault and are not known to have been accompanied by surface fault rupture. A smaller earthquake, centered near Collinsville in Solano County on a fault of uncertain identity, occurred in 1889. Using the available data and information, an earthquake probability estimate has been developed for Contra Costa County and is shown in Table 3.5-1. Table 3.5-1: Approximate Probability of Occurrence of Earthquake on Bay Area Faults Causative Fault Magnitude Approximate Probability of Occurrence (over a 50-year period) San Andreas 7.0–8.0 Likely1 8.0–8.5 Intermediate2 Hayward 6.0–7.0 Likely 7.0–7.5 Intermediate City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-4 FirstCarbon Solutions Table 3.5-1 (cont.): Approximate Probability of Occurrence of Earthquake on Bay Area Faults Causative Fault Magnitude Approximate Probability of Occurrence (over a 50-year period) Calaveras 6.0–7.0 Likely 7.0–7.5 Intermediate-Low3 Concord 5.0–6.0 Likely 6.0–7.0 Intermediate-Low Antioch 5.0–6.0 Likely 6.0–7.0 Intermediate-Low Notes: 1 Greater than 50 percent probability of occurrence 2 A 15-50 percent probability of occurrence 3 Less than 15 percent probability of occurrence Source: Contra Costa County Conservation and Development Department estimates City of Pleasant Hill Local faults in the City of Pleasant Hill are considered inactive and insignificant, including the possible ancestral trace of the Calaveras Fault that runs north-to-south through the eastern part of the City.12 Plan Area According to both Geotechnical Exploration Reports, the plan area is located in a seismically active region with the potential to experience strong ground shaking but is not located near active faults.13 The plan area is not located within a State of California Earthquake Fault Hazard Zone for active faults, and no known faults cross the plan area boundaries.14 An active fault is defined by the State Mining and Geology Board as one that has had surface displacement within Holocene time (about the last 11,000 years). The Concord fault, Mount Diablo Thrust fault, and Calaveras Fault are the closest known active faults to the plan area. The Concord fault is located approximately 2.8 miles northeast, while15 the Mount Diablo Thrust fault is located 4.3 miles to the east, and the Calaveras Fault is located 8.7 miles to the south. Exhibit 3.5-1 shows the regional faults in relation to the plan area. 12 ENGEO Inc. Pleasant Hill Library and Park Geotechnical Exploration Report, September 24, 2018, page 4. 13 Ibid. 14 Ibid., 8. 15 Ibid., 5. 42820009 • 08/2019 | 3.5-1_regional_fault_map.cdr Exhibit 3.5-1 Regional Fault Map CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: U.S. Geological Survey (Graymer, Jones and Brabb, 1994; and Earthquake Fault Zone Maps (California Geological Survey) Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-7 Slope Disturbance Slope disturbance from long-term geologic cycle of uplift, mass wasting, intense precipitation or wind, and gravity can result in slope failure in the form of mudslides and rock fall. Mass wasting refers to a variety of erosional processes from gradual downhill soil creep to mudslides, debris flows, landslides, and rock fall—processes that are commonly triggered by intense precipitation or wind, which varies according to climactic shifts. Often, various forms of mass wasting are grouped together as landslides, which are generally used to describe the downhill movement of rock and soil. Soil creep is a long-term, gradual downhill migration of soil under the influence of gravity and is generally on the order of a fraction of an inch per year. These soils can creep away downslope sides of foundations and reduce lateral support. City of Pleasant Hill The City of Pleasant Hill does not contain active faults that would cause geologic uplifting.16 According to Figure 10-6 Landslide Susceptibility Zones in the Contra Costa County Hazard Mitigation Plan, the City of Pleasant Hill is located in an area designated as having a “Low” risk for landslides. Plan Area Civic Project Based on USGS topographic maps, the Civic Project site slopes to the north and east toward the creek, with elevations ranging from 75 feet above mean seal level (MSL) in the southwest corner to 71 feet above MSL in the northeast corner.17 Residential Project The Residential Project site consists of gentle sloping from the north to south. Elevation of the site ranges from 85 feet above MSL in the northwest to 75 feet in the southeast corner. Paleontological Resources City of Pleasant Hill The Pleasant Hill 2003 General Plan and Pleasant Hill 2003 General Plan Draft EIR do not provide information regarding paleontological resources within Pleasant Hill. Plan Area A paleontological records search was conducted for the plan area by Kenneth L. Finger, PhD. The plan area and all areas within the 0.5-mile search area are located on Holocene alluvium (Qa). Pleistocene alluvium (Qoa) extends to within the search area and in addition, further to the west and southwest, are the Martinez Formation (Tmz) and Monterey Group (Tms, Tmc). Holocene deposits are too young to be fossiliferous but all other nearby geologic units are potentially fossiliferous.18 16 Ibid., 4. 17 Ibid., 5. 18 Kenneth L. Finger, PhD, Consulting Paleontologist. Paleontological Records Search. May 14, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-8 FirstCarbon Solutions 3.5.3 - Regulatory Framework Federal National Earthquake Hazards Reduction Program The National Earthquake Hazards Reduction Program was established by the U.S. Congress when it passed the Earthquake Hazards Reduction Act of 1977, Public Law 95-124. In establishing the National Earthquake Hazards Reduction Program, Congress recognized that earthquake-related losses could be reduced through improved design and construction methods and practices, land use controls and redevelopment, prediction techniques and early warning systems, coordinated emergency preparedness plans, and public education and involvement programs. The four basic goals remain unchanged: • Develop effective practices and policies for earthquake loss reduction and accelerate their implementation. • Improve techniques for reducing earthquake vulnerabilities of facilities and systems. • Improve earthquake hazards identification and risk assessment methods, and their use. • Improve the understanding of earthquakes and their effects. Several key federal agencies contribute to earthquake mitigation efforts. There are four primary National Earthquake Hazards Reduction Program agencies: • National Institute of Standards and Technology of the Department of Commerce • National Science Foundation • USGS of the Department of Interior • Federal Emergency Management Agency (FEMA) of the Department of Homeland Security Implementation of National Earthquake Hazards Reduction Program priorities is accomplished primarily through original research, publications, and recommendations to assist and guide state, regional, and local agencies in the development of plans and policies to promote safety and emergency planning. National Pollutant Discharge Elimination System The National Pollutant Discharge Elimination System (NPDES) permit program, authorized by Section 402(p) of the federal Clean Water Act, controls water pollution by regulating point sources, such as construction sites and industrial operations that discharge pollutants into waters of the United States. A Storm Water Pollution Prevention Plan (SWPPP) is required to control discharges from a project site during construction, including soil erosion, to protect waterways. A SWPPP describes the measures or practices to control discharges during construction phases of a project. A SWPPP identifies project design features and structural and nonstructural Best Management Practices (BMPs) that will be used to control, prevent, remove, or reduce stormwater pollution from the site, including sediment from erosion, during construction. For post-construction operational phases, additional measures such as low impact development and other BMPs may be required. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-9 Society of Vertebrate Paleontology Guidelines The Society of Vertebrate Paleontology, a national scientific organization of professional vertebrate paleontologists, has established standard guidelines that outline acceptable professional practices in the conduct of paleontological resource assessments and surveys, monitoring and mitigation, data and fossil recovery, sampling procedures, specimen preparation, analysis, and curation.19 Most practicing professional paleontologists in the nation adhere to the Society of Vertebrate Paleontology’s assessment, mitigation, and monitoring requirements, as specifically spelled out in its standard guidelines. State Alquist-Priolo Earthquake Fault Zoning Act The Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code [PRC] §§ 2621–2630) was passed in 1972 to provide a Statewide mechanism for reducing the hazard of surface fault rupture to structures used for human occupancy. The main purpose of the Act is to prevent the siting of buildings used for human occupancy across the traces of active faults. It should be noted that the Act addresses the potential hazard of surface fault rupture and is not directed toward other earthquake hazards, such as seismically-induced ground shaking or landslides. The law requires the State Geologist to identify regulatory zones (known as Earthquake Fault Zones or Alquist-Priolo Zones) around the surface traces of active faults, and to depict these zones on topographic base maps, typically at a scale of 1 inch to 2,000 feet. Earthquake Fault Zones vary in width, although they are often 0.75-mile wide. Once published, the maps are distributed to the affected cities, counties, and State agencies for their use in planning and controlling new or renewed construction. With the exception of single-family wood-frame and steel-frame dwellings that are not part of a larger development (i.e. four units or more), local agencies are required to regulate development within the mapped zones. In general, construction within 50 feet of an active fault zone is prohibited. Seismic Hazards Mapping Act The Seismic Hazards Mapping Act (PRC §§ 2690 to 2699.6), which was passed in 1990, addresses earthquake hazards other than surface fault rupture. These hazards include strong ground shaking, earthquake-induced landslides, liquefaction, or other ground failures. Much like the Alquist-Priolo Earthquake Fault Zoning Act discussed above, these seismic hazard zones are mapped by the State Geologist to assist local government in the land use planning process. The Act states, “it is necessary to identify and map seismic hazard zones in order for cities and counties to adequately prepare the safety element of their general plans and to encourage land use management policies and regulations to reduce and mitigate those hazards to protect public health and safety.” The Act also states, “cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard.” 19 Society of Vertebrate Paleontology (SVP). 1995. Assessment and Mitigation of Adverse Impacts to Nonrenewable Paleontologic Resources—Standard Guidelines. Society of Vertebrate Paleontology News Bulletin, v. 163, pages 22–27. City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-10 FirstCarbon Solutions California Building Code The 2015 International Building Code is published by the International Code Council, and is the widely adopted model building code in the United States. The 2016 California Building Code (2016 CBC) is another name for the body of regulations known as the California Code of Regulations, Title 24, Part 2, which is a portion of the CBC. The CBC incorporates by reference the International Building Code requirements with necessary California amendments. Title 24 is assigned to the California Building Standards commission, which, by law, is responsible for coordinating all building standards. Under state law, all building standards must be centralized in Title 24 or they are not enforceable. Compliance with the 2016 CBC requires that (with very limited exceptions) structure for human occupancy be designated and constructed to resist the effects of earthquake motions. The Seismic Design Category for a structure is determined in accordance with either California Building Code Section 1613—Earthquake Loads, or American Society of Civil Engineers Standard No. 7-05, Minimum Design Loads for Buildings and Other Structures. In brief, based on the engineering properties and soil-type of soils at a proposed site, the site is assigned a Site Class ranging from A to F. The Site Class is then combined with Spectral Response (ground acceleration induced by earthquake) information for the location to arrive at a Seismic Design Category ranging from A to D, of which D represents the most severe conditions. The classification of a specific site and related calculations must be site specific and determined by a qualified person. Local Pleasant Hill 2003 General Plan Safety and Noise Element The Pleasant Hill 2003 General Plan established the following goals, policies, and programs related to geology, soils, and seismicity that are relevant to the proposed plan: • Safety and Noise Goal 3: Reduce potential harm to people and property from geologic and seismic hazards. • Safety and Noise Policy 3A: Ensure that structures are designed and located to withstand strong ground shaking, liquefaction and seismic settlement. • Safety and Noise Policy 3B: Avoid development in areas at risk for slope failure, and ensure that hillside developments employ appropriate design and construction techniques. • Safety and Noise Program 3.1: Adopt and enforce the most recently state approved building code provisions necessary to promote seismic safety in structural designs, including regulations relating to grading and construction relative to seismic hazards, liquefaction potential, and development on sloping ground. • Safety and Noise Program 3.2: Require geotechnical studies for development in areas with moderate to high liquefaction potential that include analysis of seismic settlement potential that include analysis of seismic settlement potential and specify appropriate mitigation. • Safety and Noise Program 3.3: Continue to require slope stability assessments by appropriate registered professionals upon the initiation of new development proposals in areas of known slope instability and/or on slopes steeper than 15 percent. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-11 Pleasant Hill Municipal Code/Zoning Ordinances Building and Construction The City adopted the 2016 CBC and included it in Pleasant Hill Municipal Code Chapter 14.05. Section 14.05.010 incorporates Title 24 of the California Code of Regulations by reference, which applies to new construction and alterations within City limits. New development is required to adhere to building code requirements and industry standard seismic safety building practices. Chapter 15.10, Grading, outlines the regulations applicable to grading activities within the City of Pleasant Hill, including details for every stage of grading from when a permit is required to excavation and inspection. In addition, this chapter identifies erosion control measures to be implemented during grading activities. 3.5.4 - Impacts and Mitigation Measures Thresholds of Significance According to the 2019 CEQA Guidelines Appendix G Environmental Checklist, to determine whether impacts to geology and soils are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-12 FirstCarbon Solutions Approach to Analysis Impacts related to geology and soils were determined by reviewing information contained in the Geotechnical Reports and a Paleontological Records Search prepared for the plan area, both of which are provided in Appendix F. As part of the Geotechnical Reports, ENGEO performed a field exploration of the Civic Project site as summarized in the project-specific Geotechnical Exploration for the Civic Project site dated July 2, 2018 and revised September 24, 2018 (Appendix F.2) and summarized in the project-specific Geotechnical Exploration for the Residential Project dated September 4, 2018 (Appendix F.1). ENGEO collected samples in the field during the explorations. In addition, ENGEO retained a subcontractor with a cone penetration testing rig to advance five cone penetration tests to a depth of up to 70 feet below ground surface. Published geologic and geotechnical information that summarizes the site conditions were also reviewed. Additional evaluations of potential geologic and soil impacts of the plan area were based on review of available documentation, including the Pleasant Hill 2003 General Plan; USGS “Shake Map” webpage; the United States Department of Agriculture Natural Resources Conservation Service Web Soil Survey; and the Association of Bay Area Governments (ABAG), California Geological Survey, and USGS data and publications. Impacts to paleontological resources were determined by reviewing the Paleontological Records Search prepared by Dr. Kenneth Finger, a consulting paleontologist. Dr. Finger performed a records search on the University of California Museum of Paleontology (UCMP) database for the plan area. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of geology and soils impacts resulting from implementation of the proposed plan. • Place structures on or within the State designated zone of a known earthquake fault. • Place structures where seismic ground shaking of a Strong level or greater according to the Mercalli Scale could occur. • Place structures on soils prone to any level of liquefaction. • Place structures on slopes greater than 15 percent or soils susceptible to failure as defined by the USGS. • Place structures in areas without impervious surfaces or vegetation, or on slopes greater than 15 percent. • Place structures on a geologic unit or soil that is unstable or that could become unstable. • Place structures on expansive soil that has an expansion index greater than 20 as defined in Table 18-1-B of the Uniform Building Code (1994). • Place septic tanks or alternative wastewater disposal systems on soils incapable of supporting the use. • Physically damage or destroy paleontological deposits. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-13 Impact Evaluation Seismic-related Hazards Impact GEO-1: The proposed plan could directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking. iii) Seismic-related ground failure, including liquefaction. iv) Landslides. Construction Civic Project and Residential Project Impacts related to risks associated with seismic-related hazards are limited to operational impacts. No respective construction impacts would occur. Operation Ground Rupture Civic Project and Residential Project Based on geotechnical report (Appendix F), for the Civic Project site and the Residential Project site, the potential for ground rupture is low. There are no known active faults directly crossing the plan area and it is not located within a designated Alquist-Priolo Earthquake Fault Zone. In addition, the closest fault to the plan area is the Concord Fault located 2.8 miles to the northeast. As such, it is unlikely for ground rupture to occur. Thus, implementation of the proposed plan would not expose people or structures to substantial adverse effects associated with fault rupture. Therefore, no impact related to fault rupture would occur. Strong Seismic Ground Shaking Civic Project and Residential Project The plan area is located within proximity of several major faults that have potential to generate strong ground shaking during a seismic event. Strong ground shaking can be expected from moderate to major earthquakes on other faults in the region such as the Hayward-Rogers Creek Fault (located 17.4 miles west). The intensity of future shaking will depend on the distance to the earthquake epicenter, magnitude of the earthquake and the response of the underlying soil and bedrock. Both the Civic Project and the Residential Project could experience strong seismic ground shaking. This represents a potentially significant impact. The geotechnical reports for the Civic Project site and Residential Project site provide recommendations for foundation type, building material, and excavation in order to ensure new construction associated with both the Civic Project and the Residential Project can withstand strong to very strong ground shaking. Mitigation Measure (MM) GEO-1 would ensure that implementation of both the Civic Project and the Residential Project would incorporate recommendations contained City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-14 FirstCarbon Solutions in the respective geotechnical report and all applicable seismic safety building standards contained in the CBC including seismic design provisions, which would reduce the risk of loss, injury or death. As such, with implementation of MM GEO-1, implementation of both the Civic Project and the Residential Project would not expose people or structures to substantial adverse effects associated with seismic ground shaking. Therefore, impacts would be less than significant with mitigation. Seismic-related Ground Failure Civic Project According to the USGS Liquefaction Susceptibility Map the Civic Project is located in an area designated as a “Moderate” risk for liquefaction. In addition, the geotechnical report prepared for the Civic Project site determined that soils could experience liquefaction-induced settlement of up to 9 inches, with an average of 5 inches in the proposed park and parking area, and an average of 1 inch in the proposed library area. According to the geotechnical report prepared for the Civic Project site (Appendix F.2), flexible utility connections should be provided at building faces and as needed throughout the parking areas, which it includes as part of its recommendations. In order to reduce or avoid impacts related to liquefaction or other seismic-related ground failure at the proposed library, the geotechnical report for the Civic Project site (Appendix F.2) recommends that the library incorporate a total settlement of 1 inch and differential settlement of 0.5 inches over a horizontal distance of 50 feet due to liquefaction settlement in the foundation. In addition, the geotechnical report for the Civic Project site recommends providing flexible connections for building utilities that allow for 0.5 inches of vertical movement without breaking, and that utilities should be designed with flexible materials or joints that allow the utility line to move at least 0.5 inches over a distance of 50 feet without breaking. MM GEO-1 would require the incorporation of specific recommendations included in the geotechnical report prepared for the Civic Project site (Appendix F.2) related to seismic-related ground failure risk, and, with implementation of MM GEO-1, impacts related to seismic-related ground failure risk would be less than significant with mitigation. Residential Project According to the USGS Liquefaction Susceptibility Map the Residential Project site is located in an area designated as a “Moderate” risk for liquefaction.20 In addition, the geotechnical report prepared for the Residential Project (Appendix F.1) determined that soils could experience liquefaction-induced settlement of up to 2.5 inches, representing a potentially significant impact related to seismic-related ground failure risk. In order to reduce or avoid impacts related to liquefaction or other seismic-related ground failure, the geotechnical report prepared for the Residential Project site (Appendix F.1) recommends that the Residential Project incorporate a total settlement of 2.5 inches in the project designs, provide flexible connections for building utilities that allow for 1.25 inches of vertical movement, and further recommends that utilities serving the Residential Project be designed with flexible materials or joints that allow utility lines to move at least 1.25 inches over a distance of 40 feet without breaking. 20 United States Geological Survey (USGS). Maps of Quaternary Deposits and Liquefaction Susceptibility, 2006. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-15 Implementation of MM GEO-1 would ensure that the recommendation contained in the geotechnical report prepared for the Residential Project site (Appendix F.1) are incorporated into the Residential Project design. Therefore, impacts related to seismic-related ground failure risk would be less than significant with mitigation. Landslides Civic Project and Residential Project Susceptibility to landslide risk is increased where a property contains steep slopes, exposed hillsides or near-vertical cuts often found near creek banks. The plan area does not contain steep slopes, exposed hillsides, or vertical cuts; the site ranges in elevation from 73 feet above MSL to 85 feet above MSL.21,22 Due to the gently sloping nature of the plan area, it does not contain a significant potential for landslides. As a result, implementation of the proposed plan would not expose people or structures to a landslide hazard, and impacts related to landslides would be less than significant. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM GEO-1 Prepare Grading and Construction Plans that Incorporate Geotechnical Study Reports Recommendations Civic Project: Prior to issuance of the grading permits for the Civic Project, development of the final grading and foundation plans shall incorporate the site- specific earthwork, foundation, slab-on-grade, retaining walls, and pavement design recommendations, as detailed in the geotechnical report prepared for the Civic Project site prepared by ENGEO, Inc. on July 2, 2018 (revised September 24, 2018). The project sponsors for the Civic Project shall coordinate with a City-approved Geotechnical Engineer and Engineering Geologist to tailor the grading and foundation plans, as needed, to reduce risk related to known soil and geologic hazards and to improve the overall stability of the Civic Project site. The final grading plans for the Civic Project shall be reviewed by the City-approved Geotechnical Engineer. Grading operations shall also meet the requirements of the recommendations included in the geotechnical report prepared for the Civic Project site prepared by ENGEO, Inc. on July 2, 2018 (revised September 24, 2018). During construction, the City-approved Geotechnical Engineer shall monitor construction of the Civic Project to ensure the earthwork operations are properly performed. Residential Project: Prior to issuance of the grading permits for the Residential Project, development of the final grading and foundation plans shall incorporate the site-specific earthwork, foundation, slab-on-grade, retaining walls, and pavement design recommendations, as detailed in the geotechnical report for the Residential 21 ENGEO. 1750 Oak Park Boulevard Geotechnical Exploration Report, September 4, 2018, page 1. 22 Ibid., 10. City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-16 FirstCarbon Solutions Project site prepared by ENGEO, Inc. on September 4, 2018. The project sponsor for the Residential Project shall coordinate with a City-approved Geotechnical Engineer and Engineering Geologist to tailor the grading and foundation plans, as needed, to reduce risk related to known soil and geologic hazards and to improve the overall stability of the Residential Project site. The final grading plans for the Residential Project shall be reviewed by the City-approved Geotechnical Engineer. Grading operations shall also meet the requirements of the recommendations included in the geotechnical report for the Residential Project site prepared by ENGEO, Inc. on September 4, 2018. During construction, the City-approved Geotechnical Engineer shall monitor construction of the Residential Project to ensure the earthwork operations are properly performed. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Soil Erosion or Topsoil Loss Impact GEO-2: The proposed plan could result in substantial soil erosion or the loss of topsoil. Construction Civic Project The Civic Project would disturb at least 1 acre of land and would be required to obtain a Construction General Permit from the State Water Resources Control Board (State Water Board), consistent with the City of Pleasant Hill’s General Permit (No. CAS0029912) and to comply with its conditions and requirements, which are designed to minimize potential erosion issues. Consistent with Section 15.05.070 BMPs and Standards, compliance with the City’s NPDES permit would ensure BMPs are implemented that would prevent sediments and other pollutants from entering the stormwater system. Therefore, with adherence to these existing requirements, impacts from construction of the Civic Project would not result in substantial soil erosion or loss of topsoil. Therefore, construction- related impacts related to soil erosion and loss of topsoil would be less than significant. Residential Project The Residential Project would disturb at least 1 acre of land and would be required to obtain a Construction General Permit from the State Water Board, consistent with the City of Pleasant Hill’s General Permit (No. CAS0029912) and to comply with its conditions and requirements, which are designed to minimize potential erosion issues. Consistent with Section 15.05.070, BMPs and Standards, compliance with the City’s NPDES permit would ensure BMPs are implemented that would prevent sediments and other pollutants from entering the stormwater system. Therefore, with adherence to these existing requirements, impacts from construction of the Residential Project would not result in substantial soil erosion or loss of topsoil. Therefore, construction-related impacts related to soil erosion and loss of topsoil would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-17 Operation Impacts related to soil erosion or loss of topsoil are limited to construction impacts. No respective operational impacts would occur. Level of Significance Less Than Significant (Civic Project and Residential Project) Unstable Geologic Location Impact GEO-3: The proposed plan would be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proposed plan, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Construction Civic Project and Residential Project Impacts related to risks associated with location on an unstable geologic unit or soil are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project As discussed previously in Impact GEO-1(iii), seismic-related ground failure, including liquefaction, the geotechnical report prepared for the Civic Project site (Appendix F.2) identified soils in the proposed park area that could be expected to experience up to 9 inches of liquefaction-induced settlement with an average of 5 inches across the entire northern portion. The proposed library could experience up to 1-inch of liquefaction-induced settlement. The identified settlement across the park component and library component would represent a significant impact. The geotechnical study prepared for the Civic Project site (Appendix F.2) recommends that the library incorporate a total settlement of 1-inch and differential settlement of 0.5-inch over a horizontal distance of 50 feet because of the liquefaction settlement in the foundation. In addition, the geotechnical report prepared for the Civic Project site recommends providing flexible connections for building utilities that allow for 0.5-inch of vertical movement without breaking and utilities should be designed with flexible materials or joints that allow the utility line to move at least 0.5-inch over a distance of 50 feet without breaking. Implementation of MM GEO-1 would ensure that the recommendations contained in the geotechnical report prepared for the Civic Project site related to an unstable soil or geologic unit risks are incorporated into the design of the Civic Project. Therefore, impacts related to unstable soil or geologic unit risks for the Civic Project would be less than significant with mitigation. Residential Project As discussed under Impact GEO-1(iii), the geotechnical report prepared for the Residential Project site (Appendix F.1) identified soils that would be expected to experience up to 2.5 inches of liquefaction-induced settlement representing a potentially significant impact related to seismic- related ground failure risk. The geotechnical report prepared for the Residential Project site City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-18 FirstCarbon Solutions determined that the risk from on- or off-site landslides would be low due to the relatively flat topography of this property. In order to reduce or avoid impacts related to liquefaction or other seismic-related ground failure, the geotechnical report prepared for the Residential Project site recommends that the Residential Project incorporate a total settlement of 2.5 inches and differential settlement of 12.5-inch over a horizontal distance of 40 feet because of liquefaction settlement in the foundation. In addition, the geotechnical report prepared for the Residential Project site recommends providing flexible connections for building utilities that allow for 1.5-inch of vertical movement without breaking and utilities should be designed with flexible materials or joints that allow the utility line to move at least 1.25-inch over a distance of 40 feet without breaking. Implementation of MM GEO-1 would ensure that the aforementioned recommendations contained in the geotechnical report prepared for the Residential Project site are incorporated into the design of the Residential Project. Therefore, impacts related to seismic-related ground failure risk for the Residential Project would be less than significant with mitigation. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM GEO-1 (Civic Project and Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Expansive Soil Impact GEO-4: The proposed plan could be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property. Construction Civic Project and Residential Project Impacts related to risks associated with location on expensive soil are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project The geotechnical report prepared for the Civic Project site (Appendix F.2) for the Civic Project identified potentially expansive sandy lean clay and silty clay soils exist near the surface. As part of the geotechnical report prepared for the Civic Project site, ENGEO tested these soils and concluded that they exhibit moderate to high shrink/swell potential with a plasticity index ranging from 31 to 33. These soils have the potential to shrink and swell as they gain moisture, which could cause building foundations to crack or heave resulting in substantial risks to life or property. As a result, City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-19 soils underlying the Civic Project would create a substantial risk to life or property, representing a potentially significant impact. However, the geotechnical report prepared for the Civic Project site includes recommendations for site preparation and foundation design that would address the site-specific conditions. Implementation of MM GEO-1 would ensure recommendations contained in the geotechnical report prepared for the Civic Project site are included in the design of the Civic Project. Therefore, impacts related to expansive soils would be less than significant with mitigation. Residential Project The geotechnical report prepared for the Residential Project site (Appendix F.1) for the Residential Project identified expansive high plasticity clay near the surface in the southern area of Residential Project site and expansive silty and lean clay near the surface in the northern area of the Residential Project site. As part of the geotechnical report prepared for the Residential Project site, ENGEO tested these soils and concluded that they exhibit moderate to very high shrink/swell potential with a plasticity index ranging from 24 to 38. These soils have the potential to shrink and swell as they gain moisture, which could cause building foundations to crack or heave resulting in substantial risks to life or property. As a result, soils underlying the Residential Project site would create a substantial risk to life or property, representing a potentially significant impact. The geotechnical report prepared for the Residential Project site includes recommendations for site preparation and foundation design that would address the site-specific conditions. Implementation of MM GEO-1 would ensure recommendations contained in the geotechnical report prepared for the Residential Project site are included in the design of the Residential Project. Therefore, impacts related to expansive soils would be less than significant with mitigation. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM GEO-1 (Civic Project and Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Soil Adequacy to Support Alternative Wastewater Disposal Systems Impact GEO-5: The proposed plan would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. Construction Civic Project and Residential Project Impacts related to soil capability of supporting the use of alternative wastewater disposal systems are limited to operational impacts. No respective construction impacts would occur. City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-20 FirstCarbon Solutions Operations Civic Project and Residential Project All development associated with the plan area would be connected to the existing Central Contra Costa County Sanitary District (Central San) wastewater system, and no alternative wastewater disposal system would be operated. Thus, there would be no operational impact related to soil capability of supporting the use of alternative wastewater disposal systems. Level of Significance Before Mitigation No Impact (Civic Project and Residential Project) Destruction of Paleontological Resource or Unique Geologic Feature Impact GEO-6: The proposed plan could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Construction Civic Project and Residential Project The paleontological report (Appendix F.3) concluded that the plan area is located on Holocene alluvium, which is too young to be fossiliferous; however, it likely overlies Pleistocene alluvium, which has a high paleontological sensitivity. While there are no known unique geological features located within the plan area, Contra Costa County has produced a large number of Pleistocene localities and specimens; therefore, excavations of previously undisturbed deposits could impact significant paleontological resources. The potential destruction of paleontological resources or unique geologic features during construction represents a potentially significant impact. MM GEO-6 requires construction paleontological monitoring of excavations into previously undisturbed Pleistocene alluvium. In the event that significant paleontological resources are discovered, implementation of MM GEO-6 would reduce impacts related to the destruction of paleontological resources or unique geologic features to less than significant. Operations Civic Project and Residential Project Impacts related to the proposed plan’s potential to cause substantial adverse change in the significance of a unique paleontological resource or unique geologic feature are limited to construction. No respective operational impacts would occur. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM GEO-6 Paleontological Resources Monitoring During Construction Civic Project and Residential Project: A paleontological monitor shall be present during all excavations that exceed 10 feet in depth or otherwise have the potential to impact previously undisturbed Pleistocene alluvium. In the event a fossil is City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Geology and Soils FirstCarbon Solutions 3.5-21 discovered during construction for the proposed plan, excavations within 50 feet of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist in accordance with Society of Vertebrate Paleontology standards. The project sponsors for the Civic Project and Residential Project shall include a standard inadvertent discovery clause in every proposed plan-related construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and implement a data recovery plan that is consistent with the Society of Vertebrate Paleontology standards. Any recovered fossil should be deposited in an appropriate repository, such as the UCMP, where it will be properly curated and made accessible for future studies. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) 3.5.5 - Cumulative Impacts The geographic scope of the cumulative geology and soils analysis is the plan area and its vicinity. Adverse effects associated with many geology and soils tend to be localized; therefore, an area generally within a 0.25-mile radius would be the area most affected by activities associated with the proposed plan. The Fountainhead Montessori Day Care project located at 1715-1725 Oak Park Boulevard would be within 0.25 mile of the plan area. Cumulative projects, including the proposed plan, have the potential to experience strong to violent ground shaking from earthquakes. The other cumulative projects listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, would be exposed to the same ground shaking hazards and likewise would be subject to the same requirements. Cumulative projects would adhere to the provisions of the California Building Code, and policies of the City of Pleasant Hill 2003 General Plan and Pleasant Hill City Code reducing potential hazards associated with seismic ground shaking and ground failure. As such, the proposed plan, in conjunction with other cumulative projects, would not result in a cumulative impact associated with seismic-related hazards. Soil-related Hazards Soil conditions associated with the proposed plan, such as differential settlement, expansive soils, and soil creep, are specific to the plan area and generally do not contribute to a cumulative effect. Some or all other cumulative projects may have similar conditions but they also would not contribute to a general geologic or soil cumulative effect. The proposed plan would be subject to all City of Pleasant Hill 2003 General Plan policies, City code policies, and the CBC reducing soil-related hazard impacts. Other current and future development/redevelopment projects in the region would similarly be required to adhere to standards and practices that include stringent geologic and soil- related hazard mitigations. As such, the proposed plan, in conjunction with other projects, would not have a cumulatively significant impact associated with soil-related hazards. City of Pleasant Hill—Oak Park Properties Specific Plan Geology and Soils Draft EIR 3.5-22 FirstCarbon Solutions Unique Geological Feature and Paleontological Resources The geographic scope of the cumulative unique geologic resources and paleontological resources analysis is the plan area and its immediate vicinity. Geologic resources and paleontological resource impacts tend to be localized, because the integrity of any given resource depends on what occurs only in the immediate vicinity around that resource, such as disruption of soils. Construction activities associated with development of cumulative projects in within the vicinity of the plan area may have the potential to encounter undiscovered geologic resources and paleontological resources. These cumulative projects would be required to mitigate for impacts through compliance with applicable federal and State laws governing geologic resources and paleontological resources. The likelihood that geologic resources and paleontological resources are present on the cumulative project sites is relatively low, given that the majority of soil disturbance associated with these projects will take place within Holocene soils too young to be fossiliferous. Although there is the possibility that previously undiscovered resources could be encountered by subsurface earthwork activities, the implementation of standard construction mitigation measures would ensure that undiscovered geologic and paleontological resources are not adversely affected by cumulative project-related construction activities, which would prevent the destruction or degradation of potentially significant cultural resources in the vicinity of the plan area. Given the low potential for disruption and the comprehensiveness of mitigation measures that would apply to the cumulative projects in the vicinity, the proposed plan, in conjunction with other planned and approved projects, would result in a less than significant with mitigation cumulative impact related to unique geologic and paleontological resources. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-1 3.6 - Greenhouse Gas Emissions and Energy 3.6.1 - Introduction This section describes the existing greenhouse gas (GHG) emissions and energy setting within the Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to GHG emissions and energy that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on GHG emissions and energy modeling outputs included in Appendix C. During the Environmental Impact Report (EIR) scoping period, the following comments were received related to GHG emissions and energy: • Recommendation for the proposed plan to include a Transportation Demand Management Program to reduce vehicle miles traveled (VMT) and GHG emissions (see Section 3.14, Transportation and Transportation Impact Assessment in Appendix J for transit-, bicycle-, and pedestrian-rated mitigation measures that would reduce VMT. [Note that the proposed plan was determined to result in lower VMT than the existing Citywide residential VMT average]). • Recommendation for the proposed plan to include electric vehicle (EV) charging stations in the parking lot. 3.6.2 - Environmental Setting Greenhouse Effect, Global Warming, and Climate Change Most of the energy that affects the Earth’s climate comes from the sun. Some solar radiation is absorbed by the Earth’s surface, and a smaller portion of this radiation is reflected by the atmosphere back toward space. As the Earth absorbs high frequency solar radiation, its surface gains heat and then re-radiates lower frequency infrared radiation back into the atmosphere.1 Most solar radiation passes through gases in the atmosphere classified as GHGs; however, infrared radiation is selectively absorbed by GHGs. GHGs in the atmosphere play a critical role in maintaining the balance between the Earth’s absorbed and radiated energy, the Earth’s radiation budget,2 by trapping some of the infrared radiation emitted from the Earth’s surface that otherwise would have escaped to space (Figure 3.6-1). Radiative forcing is the difference between the incoming energy and outgoing energy.3 Specifically, GHGs affect the radiative forcing of the atmosphere,4 which in turn affects the Earth’s average surface temperature. This phenomenon, the greenhouse effect, keeps the Earth’s atmosphere near the surface warmer than it would be otherwise and allows successful habitation by humans and other forms of life. Combustion of fossil fuels and deforestation release carbon into the atmosphere that historically has been stored underground in sediments or in surface vegetation, thus exchanging carbon from the 1 Frequencies at which bodies emit radiation are proportional to temperature. The Earth has a much lower temperature than the sun and emits radiation at a lower frequency (longer wavelength) than the high frequency (short-wavelength) solar radiation emitted by the sun. 2 This includes all gains of incoming energy and all losses of outgoing energy; the planet is always striving to be in equilibrium. 3 Positive forcing tends to warm the surface while negative forcing tends to cool it. 4 This is the change in net irradiance at the tropopause after allowing stratospheric temperatures to readjust to radiative equilibrium, but with surface and tropospheric temperatures and state held fixed at the unperturbed values. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-2 FirstCarbon Solutions geosphere and biosphere to the atmosphere in the carbon cycle. With the accelerated increase in fossil fuel combustion and deforestation since the Industrial Revolution of the 19th century, concentrations of GHGs in the atmosphere have increased exponentially. Such emissions of GHGs in excess of natural ambient concentrations contribute to the enhancement of the natural greenhouse effect. This enhanced greenhouse effect has contributed to global warming, an increased rate of warming of the Earth’s average surface temperature.5 Specifically, increases in GHGs lead to increased absorption of infrared radiation by the Earth’s atmosphere and warm the lower atmosphere further, thereby increasing temperatures and evaporation rates near the surface. Variations in natural phenomena such as volcanoes and solar activity produced most of the global temperature increase that occurred during preindustrial times; more recently, however, increasing atmospheric GHG concentrations resulting from human activity have been responsible for most of the observed global temperature increase.6 Figure 3.6-1: The Greenhouse Effect Source: UNEP/GRID-Arendal, 20057 Global warming affects global atmospheric circulation and temperatures; oceanic circulation and temperatures; wind and weather patterns; average sea level; ocean acidification; chemical reaction 5 This condition results when the Earth has to work harder to maintain its radiation budget, because when more GHGs are present in the atmosphere, the Earth must force emissions of additional infrared radiation out into the atmosphere. 6 These basic conclusions have been endorsed by more than 45 scientific societies and academies of science, including all of the national academies of science of the major industrialized countries. Since 2007, no scientific body of national or international standing has maintained a dissenting opinion. 7 United Nations Environmental Program/GRID-Arendal (UNEP/GRID-Arendal). 2005. GRID-Arendal Annual Report. Website: https://cld.bz/bookdata/tRoONat/basic-html/page-1.html. Accessed June 2, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-3 rates; precipitation rates, timing, and form; snowmelt timing and runoff flow; water supply; wildfire risks; and other phenomena, in a manner commonly referred to as climate change. Climate change is a change in the average weather of the Earth that is measured by alterations in wind patterns, storms, precipitation, and temperature. These changes are assessed using historical records of temperature changes occurring in the past, such as during previous ice ages. Many of the concerns regarding climate change use this data to extrapolate a level of statistical significance specifically focusing on temperature records from the last 150 years (the Industrial Age) that differ from previous climate changes in rate and magnitude. Temperature Predictions by the Intergovernmental Panel on Climate Change The United Nations Intergovernmental Panel on Climate Change (IPCC) was established by the World Meteorological Organization and United Nations Environment Programme to assess scientific, technical, and socioeconomic information relevant to the understanding of climate change, its potential impacts, and options for adaptation and mitigation. The IPCC constructed several emission trajectories of GHGs needed to stabilize global temperatures and climate change impacts. In its Fourth Assessment Report, the IPCC predicted that the global mean temperature change from 1990 to 2100, given six scenarios, could range from 1.1 degrees Celsius (°C) to 6.4°C. Regardless of analytical methodology, global average temperatures and sea levels are expected to rise under all scenarios.8 The report also concluded that “[w]arming of the climate system is unequivocal,” and that “[m]ost of the observed increase in global average temperatures since the mid-20th century is very likely due to the observed increase in anthropogenic greenhouse gas concentrations.” Warming of the climate system is now considered to be unequivocal,9 with the global surface temperature increasing approximately 1.33 degrees Fahrenheit (°F) over the last 100 years. The IPCC predicts increases in global average temperature of between 2°F and 11°F over the next 100 years, depending on the scenario.10 Greenhouse Gases and Global Emission Sources Gases that trap heat in the atmosphere are referred to as GHGs. The effect is analogous to the way a greenhouse retains heat. Prominent GHGs that naturally occur in the Earth’s atmosphere are water vapor, carbon dioxide (CO2), methane (CH4), oxides of nitrogen (NOX), and ozone. Anthropogenic (human-caused) GHG emissions include releases of these GHGs plus release of human-made gases with high global warming potential (GWP) (ozone-depleting substances such as chlorofluorocarbons [CFCs])11 and aerosols, hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). The GHGs listed by the IPCC (CO2, methane, nitrous oxide, HFCs, PFCs, and SF6) are discussed below, in order of abundance in the atmosphere. Water vapor, despite being the most abundant GHG, is not discussed below because natural concentrations and fluctuations far outweigh anthropogenic influences, making it impossible to predict. Ozone is not included because it does not directly affect radiative forcing. Ozone-depleting substances, which include chlorofluorocarbons, 8 Intergovernmental Panel on Climate Change (IPCC). 2007. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller [eds.]). Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. Website: www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html. Accessed June 15, 2017. 9 Ibid. 10 Ibid. 11 CFCs destroy stratospheric ozone. The Montreal Protocol on Substances that Deplete the Ozone Layer prohibited CFCs production in 1987. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-4 FirstCarbon Solutions halons, carbon tetrachloride, methyl chloroform, and hydrochlorofluorocarbons, are not included because they have been primarily replaced by HFCs and PFCs. The global warming potential is the potential of a gas or aerosol to trap heat in the atmosphere. The global warming potential of a gas is essentially a measurement of the radiative forcing of a GHG compared with the reference gas, CO2. Individual GHG compounds have varying potential for contributing to global warming. For example, methane is 25 times as potent as CO2, while SF6 is 22,200 times more potent than CO2 on a molecule- per-molecule basis. To simplify reporting and analysis, methods have been set forth to describe emissions of GHGs in terms of a single gas. The most commonly accepted method for comparing GHG emissions is the GWP methodology defined in the IPCC reference documents.12 The IPCC defines the GWP of various GHG emissions on a normalized scale that recasts all GHG emissions in terms of carbon dioxide equivalents (CO2e), which compares the gas in question to that of the same mass of CO2 (by definition, CO2 has a GWP of 1). The global warming potential of a GHG is a measure of how much a given mass of a GHG is estimated to contribute to global warming. Thus, to describe how much global warming a given type and amount of GHG may cause, the CO2e is used. A CO2e is the mass emissions of an individual GHG multiplied by its global warming potential. As such, a high GWP represents high absorption of infrared radiation and a long atmospheric lifetime compared to CO2. One must also select a time horizon to convert GHG emissions to equivalent CO2 emissions to account for chemical reactivity and lifetime differences among various GHG species. The standard time horizon for climate change analysis is 100 years. Generally, GHG emissions are quantified in terms of metric tons (MT) CO2e emitted per year. The atmospheric residence time of a gas is equal to the total atmospheric abundance of the gas divided by its rate of removal.13 The atmospheric residence time of a gas is, in effect, a half-life measurement of the length of time a gas is expected to persist in the atmosphere when accounting for removal mechanisms such as chemical transformation and deposition. Table 3.6-1 lists the GWP of each GHG and its lifetime. Units commonly used to describe the concentration of GHGs in the atmosphere are parts per million (ppm), parts per billion (ppb), and parts per trillion (ppt), referring to the number of molecules of the GHG in a sampling of 1 million, 1 billion, or 1 trillion molecules of air. Collectively, HFCs, PFCs, and SF6 are referred to as high-GWP gases. CO2 is by far the largest component of worldwide CO2e emissions, followed by methane, nitrous oxide, and high-GWP gases, in order of decreasing contribution to CO2e. The primary human processes that release GHGs include the burning of fossil fuels for transportation, heating, and electricity generation; agricultural practices that release methane, such as livestock grazing and crop residue decomposition; and industrial processes that release smaller amounts of high-GWP gases. Deforestation and land cover conversion have also been identified as contributing to global warming by reducing the Earth’s capacity to remove CO2 from the air and altering the Earth’s albedo or surface reflectance, thus allowing more solar radiation to be absorbed. 12 Intergovernmental Panel on Climate Change (IPCC). 2014. Frequently Asked Questions. Website: https://www.ipcc- nggip.iges.or.jp/faq/FAQ.pdf. Accessed March 13, 2019. 13 Seinfeld, J.H. and S.N. Pandis. 2006. Atmospheric Chemistry and Physics: From Air Pollution to Climate Change, 2nd Edition. New York. John Wiley & Sons. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-5 Specifically, CO2 emissions associated with fossil fuel combustion are the primary contributors to human-induced climate change. Carbon dioxide, methane, and nitrous oxide emissions associated with human activities are the next largest contributors to climate change. GHGs of California concern are defined by California Assembly Bill (AB) 32 (see the Regulatory Environment subsection below for a description) and include CO2, CH4, NOX, HFCs, PFCs, and SF6. A seventh GHG, nitrogen trifluoride (NF3), was also added under the California Health and Safety Code Section 38505(g)(7) as a GHG of concern. These GHGs are described in terms of their physical description and properties, global warming potential, atmospheric residence lifetime, sources, and atmospheric concentration in 2005 in Table 3.6-1. Table 3.6-1: Description of Greenhouse Gases of California Concern Greenhouse Gas Physical Description and Properties Global Warming Potential (100 years) Atmospheric Residence Lifetime (years) Sources Carbon dioxide (CO2) Odorless, colorless, natural gas. 1 50–200 burning coal, oil, natural gas, and wood; decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; oceanic evaporation; volcanic outgassing; cement production; land use changes Methane (CH4) Flammable gas and is the main component of natural gas. 25 12 geological deposits (natural gas fields) extraction; landfills; fermentation of manure; and decay of organic matter Nitrous oxide (N2O) Nitrous oxide (laughing gas) is a colorless GHG. 298 114 microbial processes in soil and water; fuel combustion; industrial processes Chloro-fluoro- carbons (CFCs) Nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (level of air at the Earth’s surface); formed synthetically by replacing all hydrogen atoms in methane or ethane with chlorine and/or fluorine atoms. 3,800–8,100 45–640 refrigerants aerosol propellants; cleaning solvents. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-6 FirstCarbon Solutions Table 3.6 -1 (cont.): Description of Greenhouse Gases of California Concern Greenhouse Gas Physical Description and Properties Global Warming Potential (100 years) Atmospheric Residence Lifetime (years) Sources Hydro-fluoro- carbons (HFCs) Synthetic human-made chemicals used as a substitute for CFCs and contain carbon, chlorine, and at least one hydrogen atom. 140 to 11,700 1–50,000 automobile air conditioners; refrigerants Per- fluoro-carbons (PFCs) Stable molecular structures and only break down by ultraviolet rays about 60 kilometers above Earth’s surface. 6,500 to 9,200 10,000–50,000 primary aluminum production; semiconductor manufacturing Sulfur hexafluoride (SF6) Human-made, inorganic, odorless, colorless, and nontoxic, nonflammable gas. 22,800 3,200 electrical power transmission equipment insulation; magnesium industry, semiconductor manufacturing; a tracer gas Nitrogen trifluoride (NF3) Inorganic, is used as a replacement for PFCs, and is a powerful oxidizing agent. 17,200 740 electronics manufacture for semiconductors and liquid crystal displays. Sources: Intergovernmental Panel on Climate Change (IPCC). 2007a. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. Miller [eds.]). Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA, Website: www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html. Accessed June 5, 2018. Intergovernmental Panel on Climate Change (IPCC). 2007b. Climate Change 2007: Synthesis Report. Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (Core Writing Team, Pachauri, R.K. and Reisinger, A. [eds.]). IPCC, Geneva, Switzerland. Website: www.ipcc.ch/publications_ and_data/ar4/syr/en/contents.html. Accessed June 5, 2018. The State has begun the process of addressing pollutants referred to as short-lived climate pollutants. Senate Bill (SB) 605, approved by the Governor on September 14, 2014 required the California Air Resources Board (ARB) to complete a comprehensive strategy to reduce emissions of short-lived climate pollutants by January 1, 2016. The ARB released the Proposed Short-Lived Climate Pollutant Reduction Strategy in April 2016. The ARB has completed an emission inventory of these pollutants, identified research needs, identified existing and potential new control measures that offer co-benefits, and coordinated with other State agencies and districts to develop measures. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-7 The short-lived climate pollutants include three main components: black carbon, fluorinated gases, and methane. Fluorinated gases and methane are described in Table 3.6-1 and are already included in the California GHG inventory. Black carbon has not been included in past GHG inventories; however, the ARB will include it in its comprehensive strategy.14 Black carbon is a component of fine particulate matter. Black carbon is formed by incomplete combustion of fossil fuels, biofuels, and biomass. Sources of black carbon within a jurisdiction may include exhaust from diesel trucks, vehicles, and equipment, as well as smoke from biogenic combustion. Biogenic combustion sources of black carbon include the burning of biofuels used for transportation, the burning of biomass for electricity generation and heating, prescribed burning of agricultural residue, and natural and unnatural wildfires. Black carbon is not a gas but an aerosol— particles or liquid droplets suspended in air. Black carbon only remains in the atmosphere for days to weeks, whereas other GHGs can remain in the atmosphere for years. Black carbon can be deposited on snow, where it absorbs sunlight, reduces sunlight reflectivity, and hastens snowmelt. Direct effects include absorbing incoming and outgoing radiation; indirectly, black carbon can also affect cloud reflectivity, precipitation, and surface dimming (cooling). Global warming potentials for black carbon were not defined by the IPCC in its Fourth Assessment Report. ARB has identified a global warming potential of 3,200 using a 20-year time horizon and 900 using a 100-year time horizon from the IPCC Fifth Assessment. Sources of black carbon are already regulated by ARB, and air district criteria pollutant and toxic regulations that control fine particulate emissions from diesel engines and other combustion sources.15 Additional controls on the sources of black carbon specifically for their GHG impacts beyond those required for toxic and fine particulates are not likely to be needed. Ozone is another short-lived climate pollutant that will be part of the strategy. Ozone affects evaporation rates, cloud formation, and precipitation levels. Ozone is not directly emitted, so its precursor emissions, volatile organic compounds (VOC) and oxides of nitrogen (NOX) on a regional scale and CH4 on a hemispheric scale will be subject of the strategy.16 Water vapor is also considered a GHG. Water vapor is an important component of our climate system and is not regulated. Increasing water vapor leads to warmer temperatures, which causes more water vapor to be absorbed into the air. Warming and water absorption increase in a spiraling cycle. Water vapor feedback can also amplify the warming effect of other GHGs, such that the warming brought about by increased CO2 allows more water vapor to enter the atmosphere.17 Introduction to Global Climate Change Global climate change is defined as the change in average meteorological conditions on Earth with respect to temperature, precipitation, and storms. Global temperatures are regulated by naturally occurring atmospheric gases such as water vapor, CO2, N2O, CH 4, hydrofluorocarbons, 14 California Air Resources Board (ARB). 2015c. Short-Lived Climate Pollutant Reduction Strategy, Concept Paper. May. Website: http://www.arb.ca.gov/cc/shortlived/concept_paper.pdf. Accessed June 3, 2017. 15 Ibid. 16 Ibid. 17 National Aeronautics and Space Administration (NASA). 2015. NASA—Global Climate Change, Vital Signs of a Planet. Website: http://climate.nasa.gov/causes/. Accessed August 21, 2016. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-8 FirstCarbon Solutions perfluorocarbons and SF6. These particular gases are important because of their residence time (duration they stay) in the atmosphere, which ranges from 10 years to more than 100 years. These gases allow solar radiation into the Earth’s atmosphere, but prevent radioactive heat from escaping, thus warming the Earth’s atmosphere. Global climate change can occur naturally as it has in the past with the previous ice ages. According to the ARB, the climate change since the industrial revolution differs from previous climate changes in both rate and magnitude. Gases that trap heat in the atmosphere are often referred to as GHGs. GHGs are released into the atmosphere by both natural and anthropogenic (human) activity. Without the natural greenhouse effect, the Earth’s average temperature would be approximately 61°F cooler than it is currently. The cumulative accumulation of these gases in the Earth’s atmosphere is considered to be the cause for the observed increase in the Earth’s temperature. Although California’s rate of growth of GHG emissions is slowing, the State is still a substantial contributor to the U.S. emissions inventory total. In 2004, California is estimated to have produced 492 million metric tons (MMT) of CO2e GHG emissions. Despite a population increase of 16 percent between 1990 and 2004, California has significantly slowed the rate of growth of GHG emissions because of the implementation of energy efficiency programs as well as adoption of strict emission controls. Global Climate Change Issue Climate change is a global problem because GHGs are global pollutants, unlike criteria air pollutants and hazardous air pollutants (also called toxic air contaminants), which are pollutants of regional and local concern. Pollutants with localized air quality effects have relatively short atmospheric lifetimes, approximately 1 day; by contrast, GHGs have long atmospheric lifetimes, several years to several thousand years. GHGs persist in the atmosphere for a long enough time to be dispersed around the globe. Although the exact lifetime of any particular GHG molecule depends on multiple variables and cannot be pinpointed, more CO2 is currently emitted into the atmosphere than is sequestered. CO2 sinks, or reservoirs, include vegetation and the ocean, which absorb CO2 through photosynthesis and dissolution, respectively. These are two of the most common processes of CO2 sequestration. Of the total annual human-caused CO2 emissions, approximately 54 percent is sequestered through ocean uptake, Northern Hemisphere forest regrowth, and other terrestrial sinks within a year, whereas the remaining 46 percent of human-caused CO2 emissions is stored in the atmosphere.18 Similarly, effects of GHGs are borne globally, as opposed to the localized air quality effects of criteria air pollutants and hazardous air pollutants. The quantity of GHGs that it takes to ultimately result in climate change is not precisely known and cannot be quantified, and no single project would be expected to measurably contribute to a noticeable incremental change in the global average temperature, or to global or local climates or microclimate. 18 Seinfeld, J. H. and S.N. Pandis. 1998. Atmospheric Chemistry and Physics from Air Pollution to Climate Change. New York. John Wiley & Sons. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-9 Emissions of GHGs have the potential to adversely affect the environment because such emissions contribute, on a cumulative basis, to global climate change. A cumulative discussion and analysis of associated with the Civic Project and Residential Project on global climate change is presented in this EIR because, although it is unlikely that a single project will contribute significantly to climate change, cumulative emissions from many projects affect global GHG concentrations and the climate system. Global climate change has the potential to result in sea level rise (resulting in flooding of low-lying areas), to affect rainfall and snowfall (leading to changes in water supply), to affect temperatures and habitats (affecting biological resources and public health), and to result in many other adverse environmental consequences. Although the international, national, State, and regional communities are beginning to address GHGs and the potential effects of climate change, worldwide GHG emissions will likely continue to rise over the next decades. Climate and Topography Climate is the accumulation of daily and seasonal weather events over a long period of time, whereas weather is defined as the condition of the atmosphere at any particular time and place. See Section 3.2, Air Quality, for a detailed discussion of existing regional climate and topography as well as climate and topography for the plan area. Existing GHG Emissions United States GHG Inventory Total GHG emissions in the United States were approximately 1 percent higher in 2014 than in 2013.19 Figure 3.6-2 presents 2014 United States GHG emissions by economic sector. Total United States GHG emissions increased by 7.4 percent from 1990 to 2014 (from 6,233.2 MMT CO2e in 1990 to 6,870.5 MMT CO2e in 2014). Since 1990, emissions in the United States have increased at an average annual rate of 0.3 percent. In 2014, cool winter conditions led to an increase in CO2e emissions associated with fuels used for heating in the residential and commercial sectors. Transportation emissions also increased because of a small increase in vehicle miles traveled. There was also an increase in industrial production across multiple sectors, resulting in slight increases in industrial-sector emissions.20 19 United States Environmental Protection Agency (EPA). 2016. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2014. EPA 430-R-16-002. Website: https://www.epa.gov/sites/production/files/2017-04/documents/us-ghg-inventory-2016-main- text.pdf. Accessed June 2, 2018. 20 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-10 FirstCarbon Solutions Figure 3.6-2: 2014 United States Greenhouse Gas Emissions by Gas Note: Emissions shown do not include carbon sinks such as change in land uses and forestry. Source: United States Environmental Protection Agency (EPA). 2016. Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2014. EPA 430-R-16-002. Website: https://www.epa.gov/sites/production/files/2017-04/documents/us-ghg-inventory-2016-main-text.pdf. Accessed June 2, 2018. California GHG Inventory As the second largest emitter of GHG emissions in the United States and the 12th to 16th largest GHG emissions emitter in the world, California contributes a large quantity (429.24 MMT CO2e in 2016) of GHG emissions to the atmosphere.21 Emissions of CO2 are byproducts of fossil-fuel combustion and are attributable in large part to human activities associated with transportation, industry/manufacturing, electricity and natural gas consumption, and agriculture. In California, the transportation sector is the largest emitter at 41 percent of GHG emissions, followed by industry/manufacturing at 23 percent of GHG emissions (Figure 3.6-3). 21 California Climate Change Center. (CCCC). 2006. Our Changing Climate, Assessing the Risks to California: A Summary Report from the California Climate Change Center. July 2006. CEC-500-2006-077. Website: www.scc.ca.gov/webmaster/ftp/pdf/climate_change /assessing_risks.pdf. Accessed June 2, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-11 Figure 3.6-3: 2016 California Greenhouse Gas Emissions by Sector Source: California Air Resources Board (ARB). 2018. California Greenhouse Inventory-Graphs. Website: https://www.arb.ca.gov/cc/inventory/data/graph/graph.htm. Accessed August 27, 2018. Bay Area Air Quality Management District GHG Inventory The Bay Area Air Quality Management District (BAAQMD) published a GHG inventory for the San Francisco Bay Area (Bay Area), which provides an estimate of GHG emissions in the base year 2011 for all counties located in the jurisdiction of the BAAQMD: Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Napa, and the southern portions of Solano and Sonoma counties.22 This GHG inventory is based on the standards for criteria pollutant inventories and is intended to support BAAQMD’s climate protection activities. Table 3.6-2 shows the 2011 breakdown of emissions by end-use sector for each county within the BAAQMD jurisdiction. The estimated GHG emissions are presented in CO2e, which weights each GHG by its GWP. The GWPs used in the BAAQMD inventory are from the Second Assessment Report of the IPCC. In 2011, GHG emissions from Contra Costa County accounted for approximately 31 percent of the Bay Area’s total GHG emissions, with 17.8 percent of the Bay Area’s total GHG emissions coming from the industrial/commercial land uses in Contra Costa County.23 Transportation is the largest GHG emissions sector in the Bay Area, followed by industrial/commercial, electricity generation and cogeneration, and residential fuel usage. In Contra Costa County, the largest amount of GHG emissions are generated by the industrial/commercial sector, followed by the electricity/co- generation sector. 22 Bay Area Air Quality Management District (BAAQMD). 2015. Bay Area Emissions Inventory Summary Report: Greenhouse Gases Base Year 2011. January. Website: http://www.baaqmd.gov/~/media/files/planning-and-research/emission- inventory/by2011_ghgsummary.pdf. Accessed June 5, 2018. 23 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-12 FirstCarbon Solutions Table 3.6-2: 2011 County Emissions Breakdown by Sector (MMT CO2e/Year) Sector Alameda Contra Costa Marin Napa San Francisco San Mateo Santa Clara Solano* Sonoma* Industrial/Commercial 2.7 17.8 0.4 0.2 1.2 1.4 4.1 2.7 0.5 Residential Fuel 1.3 1.0 0.3 0.1 0.9 0.8 1.5 0.3 0.4 Electricity/Co-generation 0.9 7.2 0.1 0.1 0.5 0.4 2.2 0.4 0.2 Off-Road Equipment 0.2 0.2 0.0 0.0 0.2 0.1 0.4 0.0 0. Transportation 7.9 5.0 1.3 0.9 3.0 5.0 7.6 1.6 2.0 Agriculture/Farming 0.1 0.2 0.2 0.1 0.0 0.0 0.2 0.1 0.2 Total 13.2 31.4 2.4 1.5 5.7 7.7 16.0 5.1 3.5 Notes: * Portion within BAAQMD jurisdiction BAAQMD = Bay Area Air Quality Management District; CO2e = carbon dioxide equivalent; co-gen = cogeneration Source: Bay Area Air Quality Management District (BAAQMD). 2015. Bay Area Emissions Inventory Summary Report: Greenhouse Gases Base Year 2011. January. Website: http://www.baaqmd.gov/~/media/files/planning-and- research/emission-inventory/by2011_ghgsummary.pdf. Accessed June 5, 2018. Contra Costa County A community-wide baseline (2005) GHG emissions inventory was conducted for Contra Costa County as part of the development of the Climate Action Plan (CAP).24 Table 3.6-3 provides the estimated 2005 baseline by sector for Contra Costa County. Table 3.6-3: 2005 Unincorporated County Baseline by Sector (excluding Stationary Source Emissions) Sector MT CO2e/Year Percentage of Total Residential Energy 274,690 20 Nonresidential Energy 118,770 8 Solid Waste 48,450 3 Landfill 193,950 14 On-road Transportation 628,200 45 Off-Road Equipment 71,880 5 Water and Wastewater 8,080 1 Bay Area Rapid Transit (BART) 2,300 <1 Agriculture 57,320 4 Total 1,403,610 100 Source: Contra Costa County Climate Action Plan, December 2015. 24 Contra Costa County. 2015. Contra Costa County Climate Action Plan. December 15. Website: http://www.co.contra- costa.ca.us/4554/Climate-Action-Plan. Accessed February 25, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-13 City of Pleasant Hill The City of Pleasant Hill has not completed a community-wide GHG emissions inventory; however, the City has completed a GHG inventory for municipal operations for the 2005 calendar year. GHG emissions were included for the following sectors related to City operations: vehicle fleet, buildings and facilities, government-generated solid waste, public lighting, employee commute, and water distribution. Within the various sectors, the following sources of GHG emissions were included: • Fuel consumed at facilities; • Fuel consumed by vehicle fleet and mobile equipment; • Fuel consumed to generate electricity; • Leaked refrigerants from facilities and vehicles; • Leaked/deployed fire suppressants; • Solid waste in government landfills; • Wastewater decomposition and treatment at a municipal wastewater treatment plant; • Purchased electricity consumed by facilities; • Purchased electricity consumed by electric vehicles; • Purchased steam; • Purchased cooling (chilled water); • Solid waste generated by government operations; and, • Fuel consumed by vehicles during employee commuting. The City’s estimated GHG emissions from all sectors and sources that constitute municipal operations totaled 1,318 MT CO2e for the 2005 calendar year.25 Plan Area The 1750 Oak Park Boulevard property is occupied by two existing buildings: the 37,364-square-foot Pleasant Hill Library and the vacant municipal administrative offices totaling 42,083 square feet. Since the administration buildings are vacant, it is assumed that existing operations at this property only include the 37,364-square-foot library. As shown below in Table 3.6-4, the existing 37,364-square-foot library is estimated to generate approximately 1,133 MT CO2e per year in the 2021 operational year. Table 3.6-4: Existing Plan Area GHG Emissions Emission Source Total 2018 Emissions (MT CO2e/year) Total 2021 Emissions (MT CO2e/year) Area 0 0 Energy 117 113 Mobile 1,085 999 Waste 17 17 Water 5 4 Total Existing Emissions 1,224 1,133 25 City of Pleasant Hill. 2011. City of Pleasant Hill Greenhouse Gas Emissions Inventory (Draft Submitted to the Association of Bay Area Governments [ABAG]). Year 2005 Government Operations. May. Website: http://www.cccclimateleaders.org/city- pages/local-action-q-z/pleasant-hill.html. Accessed March 1, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-14 FirstCarbon Solutions Climate Change Trends and Effects CO2 accounts for more than 75 percent of all anthropogenic GHG emissions, the atmospheric residence time of CO2 is decades to centuries, and global atmospheric concentrations of CO2 continue to increase at a faster rate than ever previously recorded. Thus, the warming impacts of CO2 will persist for hundreds of years after mitigation is implemented to reduce GHG concentrations. California Substantially higher temperatures, more extreme wildfires, and rising sea levels are just some of the direct effects experienced in California.26,27 As reported by the California Natural Resources Agency in 2009, despite annual variations in weather patterns, California has seen a trend of increased average temperatures, more extreme hot days, fewer cold nights, longer growing seasons, less winter snow, and earlier snowmelt and rainwater runoff. Statewide average temperatures increased by about 1.7°F from 1895 to 2011, and a larger proportion of total precipitation is falling as rain instead of snow.28 Sea level rose by as much as seven inches along the California coast over the last century, leading to increased erosion and adding pressure to the State’s infrastructure, water supplies, and natural resources. These observed trends in California’s climate are projected to continue in the future. Research indicates that California will experience overall hotter and drier conditions with a continued reduction in winter snow (with concurrent increases in winter rains), as well as increased average temperatures and accelerating sea level rise. The frequency, intensity, and duration of extreme weather events such as heat waves, wildfires, droughts, and floods will also change.29 In addition, increased air pollution and spread of insects potentially carrying infectious diseases will also occur as the climate-associated temperature and associated species clines shift in latitude. The following is a summary of climate change factors and predicted trends specific to California. In California, climate change may result in consequences such as the following.30,31 • A reduction in the quality and supply of water from the Sierra snowpack. If heat-trapping emissions continue unabated, more precipitation will fall as rain instead of snow, and the 26 California Natural Resources Agency. 2009. 2009 California Climate Adaptation Strategy: A Report to the Governor of the State of California in Response to Executive Order S-13-2008. Website: http://resources.ca.gov/docs/climate/Statewide_Adaptation_Strategy.pdf. Accessed June 5, 2018. 27 California Energy Commission. 2012. Our Changing Climate 2012: Vulnerability & Adaptation to the Increasing Risks from Climate Change in California. Website: http://www.energy.ca.gov/2012publications/CEC-500-2012-007/CEC-500-2012-007.pdf. Accessed June 5, 2018. 28 California Energy Commission. 2006. Inventory of California Greenhouse Gas Emissions and Sinks: 1990 to 2004. Draft Final Report. CEC-600-2006-013-D. Website: http://www.energy.ca.gov/2006publications/CEC-600-2006-013/CEC-600-2006-013-D.PDF. Accessed June 5, 2018. 29 California Natural Resources Agency. 2009. 2009 California Climate Adaptation Strategy: A Report to the Governor of the State of California in Response to Executive Order S-13-2008. Website: http://resources.ca.gov/docs/climate /Statewide_Adaptation_Strategy.pdf. Accessed June 5, 2018. 30 California Climate Change Center. (CCCC). 2006. Our Changing Climate, Assessing the Risks to California: A Summary Report from the California Climate Change Center. July 2006. CEC-500-2006-077. Website: www.scc.ca.gov/webmaster/ftp/pdf/climate_change /assessing_risks.pdf. 31 Moser et al. 2009. Moser, Susie, Guido Franco, Sarah Pittiglio, Wendy Chou, Dan Cayan. 2009. The Future Is Now: An Update on Climate Change Science Impacts and Response Options for California. California Energy Commission, PIER Energy-Related Environmental Research Program. CEC-500-2008-071. Website: www.energy.ca.gov/2008publications/CEC-500-2008-071/CEC-500- 2008-071.PDF. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-15 snow that does fall will melt earlier, reducing the Sierra Nevada spring snowpack by as much as 70 to 90 percent. This can lead to challenges in securing adequate water supplies. It can also lead to a potential reduction in hydropower. • Increased risk of large wildfires. If rain increases as temperatures rise, wildfires in the grasslands and chaparral ecosystems of Southern California are estimated to increase by approximately 30 percent toward the end of the 21st century because more winter rain will stimulate the growth of more plant “fuel” available to burn in the fall. In contrast, a hotter, drier climate could promote up to 90 percent more Northern California fires by the end of the century by drying out and increasing the flammability of forest vegetation. • Reductions in the quality and quantity of certain agricultural products. The crops and products likely to be adversely affected include wine grapes, fruit, nuts, and milk. • Exacerbation of air quality problems. If temperatures rise to the medium warming range, there could be 75 to 85 percent more days with weather conducive to ozone formation in Los Angeles and the San Joaquin Valley, relative to today’s conditions. This is more than twice the increase expected if rising temperatures remain in the lower warming range. This increase in air quality problems could result in an increase in asthma and other health-related problems. • A rise in sea levels resulting in the displacement of coastal businesses and residences. During the past century, sea levels along California’s coast have risen about seven inches. If emissions continue unabated and temperatures rise into the higher anticipated warming range, sea level is expected to rise an additional 22 to 35 inches by the end of the century. Elevations of this magnitude would inundate coastal areas with salt water, accelerate coastal erosion, threaten vital levees and inland water systems, and disrupt wetlands and natural habitats. • An increase temperature and extreme weather events. Climate change is expected to lead to increases in the frequency, intensity, and duration of extreme heat events and heat waves in California. More heat waves can exacerbate chronic disease or heat-related illness. • A decrease in the health and productivity of California’s forests. Climate change can cause an increase in wildfires, an enhanced insect population, and establishment of non-native species. Bay Area The following is a summary of climate change factors and predicted trends specific to the Bay Area, using the latest information available as of 2014. Temperature, Heat, Drought, and Wildfire Events The Bay Area is expected to experience warming over the rest of the 21st century. Consistent with State-wide projections, the annual average temperature in the Bay Area will likely increase by 2.7°F between 2000 and 2050, based on GHGs that have already been emitted into the atmosphere. By the end of the century, the increase in the Bay Area’s annual average temperature may range from approximately 3.5°F to 11°F relative to the average annual temperature simulated for the 1961–1990 baseline period used for the study, depending on the GHG emissions scenarios.32 The projected rate 32 California Climate Change Center (CCCC). 2009. Climate Change Scenarios and Sea Level Rise Estimates for the California 2009 Climate Change Scenarios Assessment. Final Paper. CEC-500-2009-014-F. Website: http://www.energy.ca.gov/2009publications /CEC-500-2009-014/CEC-500-2009-014-F.PDF. Accessed June 5, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-16 FirstCarbon Solutions of warming, especially in the latter half of the 21st century, is considerably greater than warming rates derived from historical observed data. Specific predictions related to temperature/heat are summarized below. • The annual average temperature in the Bay Area has been increasing over the last several decades. • The Bay Area is expected to see an increase in average annual temperature of 2.7°F by 2050, and 3.5°F to 11°F by 2100. Projections show a greater warming trend during the summer season. The coastal parts of the Bay Area will experience the most moderate warming trends.33 • Extreme heat events are expected to increase in duration, frequency, and severity by 2050. Extreme freeze events are expected to decrease in frequency and severity by 2100, but occasional colder-than-historical events may occur by 2050.34 Precipitation, Rainfall, and Flooding Events Studies of the effect of climate change on the long-term average precipitation for California show some disagreement.35 Considerable variability exists across individual models, and examining the average changes can mask more extreme scenarios that project much wetter or drier conditions. California is expected to maintain a Mediterranean climate through the next century, with dry summers and wet winters that vary between seasons, years, and decades. Wetter winters and drier springs are also expected, but overall annual precipitation is not projected to change substantially. By mid-century, more precipitation is projected to occur in winter in the form of less frequent but larger events. The majority of global climate models predict drying trends across the State by 2100.36 Specific factors related to precipitation/rainfall/extreme events are summarized below. • The Bay Area has not experienced substantial changes in rainfall depth or intensities over the past 30 years. • The Bay Area will continue to experience a Mediterranean climate, with little change in annual precipitation projected by 2050, although a high degree of variability may persist. • An annual drying trend is projected to occur by 2100. The greatest decline in precipitation is expected to occur during the spring months, while minimal change is expected during the winter months. • Increases in drought duration and frequency coupled with higher temperatures, as experienced in 2012, 2013, and 2014, will increase the likelihood of wildfires. 33 Cal-Adapt. 2014. Climate Tools. Available: http://cal-adapt.org/tools/. 34 Ibid. 35 California Climate Change Center (CCCC). 2009. Climate Change Scenarios and Sea Level Rise Estimates for the California 2009. Climate Change Scenarios Assessment. Final Paper. CEC-500-2009-014-F. Website: http://www.energy.ca.gov/2009publications/CEC-500-2009-014/CEC-500-2009-014-F.PDF. Accessed June 5, 2018. 36 California Natural Resources Agency. 2009. 2009 California Climate Adaptation Strategy: A Report to the Governor of the State of California in Response to Executive Order S-13-2008. Website: http://resources.ca.gov/docs/climate/Statewide_Adaptation _Strategy.pdf. Accessed June 5, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-17 • California is expected to see increases in the magnitude of extreme events, including increased precipitation delivered from atmospheric river events, which would bring high levels of rainfall during short time periods and increase the chance of flash floods. The Bay Area is also expected to see an increase in precipitation intensities, but possibly through less frequent events.37 Reduced Sierra Nevada Snowpack and Water Supply Shortages If heat-trapping emissions continue unabated, more precipitation will fall as rain instead of snow, and the snow that does fall will melt earlier, reducing the Sierra Nevada spring snowpack by as much as 70 to 90 percent. This can lead to challenges in securing adequate surface water supplies. Vectors and Disease Events Climate change will likely increase the vectors of insects and, in turn, may increase the risk of some infectious diseases, particularly those diseases that appear in warm areas and are spread by mosquitoes and other insects, such as malaria, dengue fever, yellow fever, and encephalitis. Air Quality and Pollution Events Respiratory disorders will be exacerbated by warming-induced increases in the frequency of smog (ground-level ozone) events and particulate air pollution.38 Although there could be health effects resulting from changes in the climate and the consequences that can occur, inhalation of GHGs at levels currently in the atmosphere would not result in adverse health effects, with the exception of ozone and aerosols (particulate matter). The potential health effects of ozone and particulate matter are discussed in criteria pollutant analyses. At very high indoor concentrations (not at levels existing outside), carbon dioxide, methane, SF6, and some chlorofluorocarbons can cause suffocation as the gases can displace oxygen.39,40 City of Pleasant Hill Temperature and Heat Figure 3.6-4 displays a chart of measured historical (i.e., observed) and projected annual average temperatures in the City of Pleasant Hill area. As shown in the figure, temperatures are expected to rise as part of both the low and high GHG emissions scenarios. 41 The results indicate that temperatures are predicted to increase by 3.3°F under the low emission scenario and 5.7°F under the high emissions scenario.42 37 California Climate Change Center (CCCC). 2009. Climate Change Scenarios and Sea Level Rise Estimates for the California 2009 Climate Change Scenarios Assessment. Final Paper. CEC-500-2009-014-F. Website: http://www.energy.ca.gov/2009publications /CEC-500-2009-014/CEC-500-2009-014-F.PDF. Accessed June 5, 2018. 38 United States Environmental Protection Agency (EPA). 2009a. Ozone and your Health. EPA-456/F-09-001. Website: http://www.epa.gov/airnow/ozone-c.pdf. Accessed August 21, 2016. 39 Centers for Disease Control and Prevention (CDC). 2010. Department of Health and Human Services, the National Institute for Occupational Safety and Health. Carbon Dioxide. Website: www.cdc.gov/niosh/npg/npgd0103.html. Accessed February 14, 2017. 40 Occupational Safety and Health Administration (OSHA). 2003. United States Department of Labor. Safety and Health Topics: Methane. Website: www.osha.gov/dts/chemicalsampling/data/CH_250700.html. Accessed August 21, 2016. 41 The low and high GHG emissions scenarios are based on IPCC’s Special Report on Emissions Scenarios B1 and A1, respectively. The higher global GHG emissions scenario (A1) assumes a global trend of rapid economic growth. The lower GHG emissions scenario (B1) assumes the same global population as in the A1 storyline but with rapid changes in economic structures toward a service and information economy, with reductions in material intensity, and the introduction of clean and resource-efficient technologies. Overall, the B1 scenario places more focus on global environmental sustainability rather than rapid economic growth. 42 CalAdapt. 2018. Local Climate Snapshots. Website: http://cal-adapt.org/tools/factsheet/. Accessed July 11, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-18 FirstCarbon Solutions Figure 3.6-4: Observed and Projected Temperatures in Pleasant Hill Source: CalAdapt. 2018. Local Climate Snapshots. Website: http://cal-adapt.org/tools/factsheet/. Accessed July 11, 2018. Drought and Wildfires The hilly, vegetated areas located west, northwest, east, and southeast of the City of Pleasant Hill are at risk for wildfires. (See Section 3.7, Hazards, Hazardous Materials, and Wildfire, for a more detailed discussion related to wildfire hazard areas and wildfire-conducive conditions.) The potential for increased temperatures and drought conditions due to climate change would result in increased risk from wildfire in these areas. Reduced Sierra Nevada Snowpack and Water Supply Shortages As described in Section 3.15, Utilities and Service Systems, the City of Pleasant Hill receives potable water from four water providers: Contra Costa Water District (CCWD), East Bay Municipal Utility District, Diablo Water District, and Martinez Water District. The plan area is within the CCWD service area.43 Originating in the Sierra Nevada Mountains, water flows into the Sacramento and San Joaquin Rivers into the Delta where it is drawn and transported via Contra Costa Canal. The availability of surface water supply could decline if climate change results in reduced snowpack in the Sierra Nevada. Plan Area The plan area is located within an urban area with limited vegetative fuel-load and no steep hillside conditions that are not conducive to wildfires. However, there are hilly, vegetated areas located in the vicinity of the plan area that have a higher risk for wildfires. The closest hilly, vegetated areas are located approximately 2.3 miles west of the plan area. The potential for increased temperatures and drought conditions due to climate change would result in increased risk from wildfire in those areas as well as increased risk related to water supply shortage. 43 Contra Costa Water District (CCWD). 2017. Contra Costa Water District: District Boundaries. Website: https://www.ccwater.com/289/Service-Area-Map. Accessed December 5, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-19 Energy Basics Energy is generally transmitted either in the form of electricity, measured in kilowatts (kW)44 or megawatts (MW),45 or natural gas measured in British thermal units (BTU), or cubic feet.46 Fuel, such as gasoline or diesel, is measured in gallons or liters. Electricity Electricity is used primarily for lighting, appliances, and other uses associated with the proposed plan. Natural Gas Natural gas is used primarily for heating, water heating, and cooking purpose and is typically associated with commercial and residential uses. Fuel Fuel is used primarily for powering off-road equipment, trucks, and passenger vehicles. The typical fuel types used are diesel and gasoline. Electricity Generation, Distribution, and Use State of California The State of California generates approximately 206,336 gigawatt-hours (GWh) of electricity. Approximately 43.4 percent of the energy generation is sourced from natural gas, 29.7 percent from renewable sources (i.e., solar, wind, and geothermal), 17.9 percent from large hydroelectric sources, and the remaining 9 percent is sourced from coal, nuclear, oil, and other non-renewable sources.47 In 2016, California ranked third in the nation in conventional hydroelectric generation, second in net electricity generation from all other renewable energy resources combined, and first as a producer of electricity from solar, geothermal, and biomass resources. California leads the nation in solar thermal electricity capacity and generation. In 2016, California generated 71 percent of the nation’s solar thermal-sourced utility-scale electricity.48 Electricity and natural gas is distributed through the various electric load-serving entities (LSEs) in California. These entities include investor-owned utilities, publically owned LSEs, rural electric cooperatives, community choice aggregators, and electric service providers.49 44 1 kW = 1.000 watts; A watt is a derived unit of power that measure rate of energy conversion. 1 watt is equivalent to work being done at a rate of 1 joule of energy per second. In electrical terms, 1 watt is the power dissipated by a current of 1 ampere flowing across a resistance of 1 volt. 45 1 MW = 1 million watts 46 A unit for quantity of heat that equals 100,000 British thermal units. A British thermal unit (BTU) is the quantity of heat required to raise the temperature of 1 pound of liquid water 1 degree Fahrenheit at a constant pressure of 1 atmosphere. 47 State of California. 2019. California Energy Commission. Website: https://www.energy.ca.gov/almanac/electricity_data/total_system_power.html. Accessed March 1, 2019. 48 United States Energy Information Administration. California State Profile and Energy Estimates. Website: https://www.eia.gov/state/?sid=CA. Accessed March 1, 2019. 49 California Energy Commission. Electric Load-Serving Entities (LSEs) in California Website: https://www.energy.ca.gov/almanac/electricity_data/utilities.html. Accessed March 1, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-20 FirstCarbon Solutions Contra Costa County Pacific Gas & Electricity (PG&E) provides electricity to many of the cities throughout Contra Costa County, including the City of Pleasant Hill. In addition to PG&E, Marin Clean Energy also services portions of Contra Costa County.50 City of Pleasant Hill PG&E provides electrical services to customers in the City of Pleasant Hill. Plan Area The existing library currently utilizes electricity for lighting, appliances, and other associated uses. The library is provided electricity by PG&E. According to the California Emissions Estimator Model (CalEEMod) outputs in Appendix C, the existing library currently utilizes 516,355 kilowatt-hour (kWh) of electricity per year. Natural Gas Generation, Distribution, and Use State of California Natural gas is used for everything from generating electricity to cooking and space heating to an alternative transportation fuel. In 2012, total natural gas demand in California for industrial, residential, commercial, and electric power generation was 2,313 billion cubic feet per year (BCF/year), up from 2,196 BCF/year in 2010. Demand in all sectors except electric power generation remained relatively flat for the last decade due in large part to energy efficiency measures, but demand for power generation rose about 30 percent between 2011 and 2012. Natural gas-fired generation has become the dominant source of electricity in California, as it fuels about 43 percent of electricity consumption followed by hydroelectric power. Because natural gas is a dispatchable resource that provides load when the availability of hydroelectric power generation and/or other sources decrease, use varies greatly from year to year. The availability of hydroelectric resources, the emergence of renewable resources for electricity generation, and overall consumer demand are the variables that shape natural gas use in electric generation. Because of above average precipitation in 2011, natural gas used for electricity generation was 617 BCF, compared to lower precipitation years in 2010 and 2012 when gas use for electric generation was 736 BCF and 855 BCF, respectively.51 Contra Costa County PG&E provides natural gas to many of the cities throughout Contra Costa County, including the City of Pleasant Hill. City of Pleasant Hill PG&E provides natural gas services to customers in the City of Pleasant Hill. PG&E’s natural gas and electricity services cover approximately 70,000 square miles in Northern and Central California. The transmission and delivery system comprises 1.5 million miles of transmission pipelines and 50 Marin Clean Energy. 2019. MCE Contra Costa. Website: https://www.mcecleanenergy.org/mce-contra-costa/. Accessed March 1, 2019. 51 California Energy Commission. 2019. Supply and Demand of Natural Gas in California. Website: https://www.energy.ca.gov/almanac/naturalgas_data/overview.html. Accessed March 1, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-21 distribution systems delivering natural gas to over 16 million people. Currently, PG&E has 4.3 million natural gas accounts.52 Plan Area The existing library currently utilizes natural gas for heating and water heating. PG&E provides the library with natural gas. Based on the CalEEMod default values for a 37,364-square-foot library in Contra Costa County, the existing library currently utilizes 924,759 kilo-BTU of natural gas per year (Appendix C). Fuel Use State of California The main category of fuel use in California is transportation fuel, specifically gasoline and diesel. Gasoline is the most used transportation fuel in California, with 97 percent of all gasoline sold in California being consumed by light-duty cars, pickup trucks, and sport utility vehicles. In 2015, 15.1 billion gallons of gasoline were sold, which represents the largest transportation fuel used in California.53 Diesel is the second largest transportation fuel used in California. According to the State Board of Equalization, in 2015 4.2 billion gallons of diesel, including off-road diesel, was sold. Nearly all heavy duty-trucks, delivery vehicles, buses, trains, ships, boats and barges, farm, construction and heavy-duty military vehicles and equipment have diesel engines. Plan Area Fuel use associated with uses within plan are mainly contributed to the use of transportation fuel use—gasoline and diesel. The existing library currently contains an operational existing library building, with associated vehicle travel. The existing library vehicle use information is based on information provided by the Transportation Impact Assessment (Appendix J). The existing library generates approximately 1,500 daily vehicle trips during the weekdays and approximately 1,270 daily trips on Saturday. Based on the estimates contained in the CalEEMod output files for the existing library, existing vehicle trips would result in approximately 2.4 million VMT on an annual basis. Based on this estimate of VMT and the fuel efficiency of the Contra Coast County fleet mix, the existing trips resulted in the consumption of approximately 104,588 gallons of gasoline and diesel combined in the 2018 operational year.54 52 Pacific Gas and Electric (PG&E). Supply and Demand of Natural Gas in California. Website: https://www.pge.com/en_US/about- pge/company-information/profile/profile.page. Accessed March 1, 2019. 53 California Energy Commission. 2019. California Gasoline, Data, Facts, and Statistics. Website: https://www.energy.ca.gov/almanac/transportation_data/gasoline/. Accessed March 1, 2019. 54 Based on 2,430,849 annual VMT, consistent with CalEEMod output (Appendix C), and an average fuel consumption of 23.24 miles per gallon determined using EMFAC2014 factors for Contra Costa County in the 2018 calendar. Website: https://www.arb.ca.gov/emfac/2014/. Accessed March 13, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-22 FirstCarbon Solutions 3.6.3 - Regulatory Framework International Kyoto Protocol The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing GHG emissions at average of 5 percent against 1990 levels over the 5-year period from 2008–2012. The Convention (as discussed above) encouraged industrialized countries to stabilize emissions; however, the Protocol commits them to do so. Developed countries have contributed more emissions over the last 150 years; therefore, the Protocol places a heavier burden on developed nations under the principle of “common but differentiated responsibilities.” In 2001, President George W. Bush indicated that he would not submit the treaty to the U.S. Senate for ratification, which effectively ended American involvement in the Kyoto Protocol. In December 2009, international leaders met in Copenhagen to address the future of international climate change commitments post-Kyoto. No binding agreement was reached in Copenhagen; however, the Committee identified the long-term goal of limiting the maximum global average temperature increase to no more than 2°C above pre-industrial levels, subject to a review in 2015. The Climate Change Committee held additional meetings in Durban, South Africa in November 2011; Doha, Qatar in November 2012; and Warsaw, Poland in November 2013. The meetings are gradually gaining consensus among participants on individual climate change issues. On September 23, 2014, more than 100 heads of state and government, and leaders from the private sector and civil society met at the Climate Summit in New York hosted by the United Nations. At the Summit, heads of government, business and civil society announced actions in areas that would have the greatest impact on reducing emissions, including climate finance, energy, transport, industry, agriculture, cities, forests, and building resilience. United Nations Climate Change Framework Convention On March 21, 1994, the United States joined a number of countries around the world in signing the United Nations Climate Change Framework Convention. Under the Convention, governments agreed to gather and share information on GHG emissions, national policies, and best practices; launch national strategies for addressing GHG emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries; and cooperate in preparing for adaptation to the impacts of climate change. Paris Climate Change Agreement Parties to the United Nations Framework Convention on Climate Change (UNFCCC) reached a landmark agreement on December 12 in Paris, charting a fundamentally new course in the two-decade-old global climate effort. Culminating a 4-year negotiating round, the new treaty ends the strict differentiation between developed and developing countries that characterized earlier efforts, replacing it with a common framework that commits all countries to put forward their best efforts and City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-23 to strengthen them in the years ahead. This includes, for the first time, requirements that all parties report regularly on their emissions and implementation efforts, and undergo international review. The agreement and a companion decision by parties were the key outcomes of the conference, known as the 21st session of the UNFCCC Conference of the Parties, or “COP 21.” Together, the Paris Agreement and the accompanying COP decision: • Reaffirm the goal of limiting global temperature increase well below 2 degrees Celsius, while urging efforts to limit the increase to 1.5 degrees; • Establish binding commitments by all parties to make “nationally determined contributions” (NDCs), and to pursue domestic measures aimed at achieving them; • Commit all countries to report regularly on their emissions and “progress made in implementing and achieving” their NDCs, and to undergo international review; • Commit all countries to submit new NDCs every 5 years, with the clear expectation that they will “represent a progression” beyond previous ones; • Reaffirm the binding obligations of developed countries under the UNFCCC to support the efforts of developing countries, while for the first time encouraging voluntary contributions by developing countries too; • Extend the current goal of mobilizing $100 billion a year in support by 2020 through 2025, with a new, higher goal to be set for the period after 2025; • Extend a mechanism to address “loss and damage” resulting from climate change, which explicitly will not “involve or provide a basis for any liability or compensation”; • Require parties engaging in international emissions trading to avoid “double counting”; and • Call for a new mechanism, similar to the Clean Development Mechanism under the Kyoto Protocol, enabling emission reductions in one country to be counted toward another country’s NDC.55 On June 1, 2017, President Trump announced the decision for the United States to withdraw from the Paris Climate Accord.56 The earliest possible effective withdrawal date by the United States cannot be before November 4, 2020. California remains committed to combating climate change through programs aimed to reduce GHGs.57 55 Center for Climate and Energy Solutions (C2ES). 2015a. Outcomes of the U.N. Climate Change Conference. Website: http://www.c2es.org/international/negotiations/cop21-paris/summary. Accessed April 19, 2016. 56 The White House. Statement by President Trump on the Paris Climate Accord. Website: https://www.whitehouse.gov/the-press- office/2017/06/01/statement-president-trump-paris-climate-accord. Accessed June 23, 2017. 57 California Air Resources Board (ARB). 2017. New Release: California and China Team Up to Push for Millions More Zero-emission Vehicles. Website: https://www.arb.ca.gov/newsreel/newsrelease.php?id=934. Accessed June 27, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-24 FirstCarbon Solutions Continental Western Climate Initiative (Western North America Cap-and-Trade Program) Cap-and-trade refers to a policy tool where emissions are limited to a certain amount and can be traded, or provides flexibility on how the emitter can comply. Each emitter caps carbon dioxide emissions from power plants, auctions carbon dioxide emission allowances, and invests the proceeds in strategic energy programs that further reduce emissions, save consumers money, create jobs, and build a clean energy economy. The Western Climate Initiative partner jurisdictions have developed a comprehensive initiative to reduce North America GHG emissions to 15 percent below 2005 levels by 2020. The partners are California, British Columbia, Manitoba, Ontario, and Quebec. Currently only California and Quebec are participating in the cap-and-trade program.58 Federal Clean Air Act Coinciding with the 2009 meeting in Copenhagen, on December 7, 2009, the United States Environmental Protection Agency (EPA) issued an Endangerment Finding under Section 202(a) of the Clean Air Act, opening the door to federal regulation of GHGs. The Endangerment Finding notes that GHGs threaten public health and welfare and are subject to regulation under the Clean Air Act. To date, the EPA has not promulgated regulations on GHG emissions, but it has already begun to develop them. Previously the EPA had not regulated GHGs under the Clean Air Act, because it asserted that the Act did not authorize it to issue mandatory regulations to address global climate change and that such regulation would be unwise without an unequivocally established causal link between GHGs and the increase in global surface air temperatures. In Massachusetts v. Environmental Protection Agency et al. (127 S. Ct. 1438 (2007), however, the U.S. Supreme Court held that GHGs are pollutants under the Clean Air Act and directed the EPA to decide whether the gases endangered public health or welfare (see discussion below). The EPA had also not moved aggressively to regulate GHGs because it expected Congress to make progress on GHG legislation, primarily from the standpoint of a cap-and-trade system. However, proposals circulated in both the House of Representative and Senate have been controversial and it may be some time before the U.S. Congress adopts major climate change legislation. The EPA’s Endangerment Finding paves the way for federal regulation of GHGs with or without Congress. U.S. Clean Air Act Permitting Programs (New GHG Source Review) The EPA issued a final rule on May 13, 2010, that establishes thresholds for GHGs that define when permits under the New Source Review Prevention of Significant Deterioration and Title V Operating Permit programs are required for new and existing industrial facilities. This final rule “tailors” the requirements of these Clean Air Act permitting programs to limit which facilities will be required to obtain Prevention of Significant Deterioration and Title V permits. In the preamble to the revisions to the federal code of regulations, the EPA states: 58 Center for Climate and Energy Solutions (C2ES). 2015b. Multi-State Climate Initiatives. Website: http://www.c2es.org/us-states- regions/regional-climate-initiatives. Accessed July 12, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-25 This rulemaking is necessary because without it the Prevention of Significant Deterioration and Title V requirements would apply, as of January 2, 2011, at the 100 or 250 tons per year levels provided under the Clean Air Act, greatly increasing the number of required permits, imposing undue costs on small sources, overwhelming the resources of permitting authorities, and severely impairing the functioning of the programs. EPA is relieving these resource burdens by phasing in the applicability of these programs to greenhouse gas sources, starting with the largest greenhouse gas emitters. This rule establishes two initial steps of the phase-in. The rule also commits the agency to take certain actions on future steps addressing smaller sources, but excludes certain smaller sources from Prevention of Significant Deterioration and Title V permitting for greenhouse gas emissions until at least April 30, 2016. The EPA estimates that facilities responsible for nearly 70 percent of the national GHG emissions from stationary sources will be subject to permitting requirements under this rule. This includes the nation’s largest GHG emitters—power plants, refineries, and cement production facilities. Energy Independence and Security Act The Energy Policy Act of 2005 created the Renewable Fuel Standard program. The Energy Independence and Security Act of 2007 expanded this program by: • Expanding the Renewable Fuel Standard program to include diesel in addition to gasoline; • Increasing the volume of renewable fuel required to be blended into transportation fuel from 9 billion gallons in 2008 to 36 billion gallons by 2022; • Establishing new categories of renewable fuel, and setting separate volume requirements for each one; and • Requiring the EPA to apply life-cycle GHG performance threshold standards to ensure that each category of renewable fuel emits fewer GHGs than the petroleum fuel it replaces. This expanded Renewable Fuel Standard program lays the foundation for achieving substantial reductions of GHG emissions from the use of renewable fuels, reducing the use of imported petroleum, and encouraging the development and expansion of the nation’s renewable-fuels sector. Signed on December 19, 2007, by President George W. Bush, the Energy Independence and Security Act of 2007 aims to: • Move the United States toward greater energy independence and security; • increase the production of clean renewable fuels; • protect consumers; • increase the efficiency of products, buildings, and vehicles; • promote research on and deploy GHG capture and storage options; • improve the energy performance of the Federal Government; and • increase U.S. energy security, develop renewable fuel production, and improve vehicle fuel economy. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-26 FirstCarbon Solutions The Energy Independence and Security Act reinforces the energy reduction goals for federal agencies put forth in Executive Order 13423, as well as introduces more aggressive requirements. The three key provisions enacted are the Corporate Average Fuel Economy Standards, the Renewable Fuel Standard, and the appliance/lighting efficiency standards. The EPA is committed to developing, implementing, and revising both regulations and voluntary programs under the following subtitles in the Act, among others: • Increased Corporate Average Fuel Economy Standards • Federal Vehicle Fleets • Renewable Fuel Standard • Biofuels Infrastructure • Carbon Capture and Sequestration59 EPA and National Highway Traffic Safety Administration Light-Duty Vehicle GHG Emission Standards and Corporate Average Fuel Economy Standards Final Rule Congress first passed the Corporate Average Fuel Economy law in 1975 to increase the fuel economy of cars and light duty trucks. The law has become more stringent over time. On May 19, 2009, President Barack Obama put in motion a new national policy to increase fuel economy for all new cars and trucks sold in the United States. On April 1, 2010, the EPA and the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) announced a joint final rule establishing a national program that would reduce GHG emissions and improve fuel economy for new cars and trucks sold in the United States. The first phase of the national program would apply to passenger cars, light-duty trucks, and medium-duty passenger vehicles, covering model years 2012 through 2016. They require these vehicles to meet an estimated combined average emissions level of 250 grams of CO2 per mile, equivalent to 35.5 miles per gallon if the automobile industry were to meet this CO2 level solely through fuel economy improvements. Together, these standards would cut CO2 emissions by an estimated 960 MMT and 1.8 billion barrels of oil over the lifetime of the vehicles sold under the program (model years 2012-2016). The EPA and the NHTSA issued final rules on a second-phase joint rulemaking, establishing national standards for light-duty vehicles for model years 2017 through 2025 in August 2012.60 The new standards for model years 2017 through 2025 apply to passenger cars, light-duty trucks, and medium duty passenger vehicles. The final standards are projected to result in an average industry fleet wide level of 163 grams/mile of CO2 in model year 2025, which is equivalent to 54.5 miles per gallon (mpg) if achieved exclusively through fuel economy improvements. 59 United States Environment Protection Agency (EPA). Summary of the Energy Independence and Security Act. Website: https://www.epa.gov/laws-regulations/summary-energy-independence-and-security-act. 60 United States Environmental Protection Agency (EPA). 2012. EPA and NHTSA Set Standards to Reduce Greenhouse Gases and Improve Fuel Economy for Model Years 2017-2025 Cars and Light Trucks. Website: http://www.epa.gov/otaq/climate/documents/420f12051.pdf. Accessed August 21, 2016. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-27 The EPA and NHTSA issued final rules for the first national standards to reduce GHG emissions and improve fuel efficiency of heavy-duty trucks and buses on September 15, 2011, which became effective November 14, 2011. For combination tractors, the agencies are proposing engine and vehicle standards that began in the 2014 model year and achieve up to a 20-percent reduction in CO2 emissions and fuel consumption by the 2018 model year. For heavy-duty pickup trucks and vans, the agencies are proposing separate gasoline and diesel truck standards, which phase in starting in the 2014 model year and achieve up to a 10-percent reduction for gasoline vehicles, and a 15-percent reduction for diesel vehicles by 2018 model year (12 and 17 percent respectively if accounting for air conditioning leakage). Lastly, for vocational vehicles, the engine and vehicle standards would achieve up to a 10-percent reduction in fuel consumption and CO2 emissions from the 2014 to 2018 model years. The State of California has received a waiver from the EPA to have separate, stricter corporate average fuel economy standards. Although global climate change did not become an international concern until the 1980s, efforts to reduce energy consumption began in California in response to the oil crisis in the 1970s, resulting in the incidental reduction of GHG emissions. In order to manage the State’s energy needs and promote energy efficiency, AB 1575 created the California Energy Commission in 1975. Massachusetts et al. v. EPA (U.S. Supreme Court GHG Endangerment Ruling) Massachusetts et al. v. EPA (Supreme Court Case 05-1120) was argued before the United States (U.S.) Supreme Court on November 29, 2006, in which it was petitioned that the EPA regulate four GHGs, including CO2, under Section 202(a)(1) of the Clean Air Act (CAA). A decision was made on April 2, 2007, in which the Supreme Court found that GHGs are air pollutants covered by the CAA. The Court held that the Administrator must determine whether emissions of GHGs from new motor vehicles cause or contribute to air pollution, which may reasonably be anticipated to endanger public health or welfare, or whether the science is too uncertain to make a reasoned decision. On December 7, 2009, the EPA Administrator signed two distinct findings regarding GHGs under Section 202(a) of the CAA: • Endangerment Finding: The Administrator finds that the current and projected concentrations of the six key well-mixed GHGs—CO2, CH4, N2O, HFCs, PFCs, and SF6—in the atmosphere threaten the public health and welfare of current and future generations; and • Cause or Contribute Finding: The Administrator finds that the combined emissions of these well-mixed GHGs from new motor vehicles and new motor vehicle engines contribute to the GHG pollution, which threatens public health and welfare. These findings do not impose requirements on industry or other entities. However, this was a prerequisite for implementing GHG emissions standards for vehicles, as discussed under “Clean Vehicles” below. After a lengthy legal challenge, the U.S. Supreme Court declined to review an Appeals Court ruling upholding that upheld the EPA Administrator findings. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-28 FirstCarbon Solutions U.S. Consolidated Appropriations Act (Mandatory GHG Reporting) The Consolidated Appropriations Act of 2008, passed in December 2007, requires the establishment of mandatory GHG reporting requirements. On September 22, 2009, the EPA issued the Final Mandatory Reporting of Greenhouse Gases Rule, which became effective January 1, 2010. The rule requires reporting of GHG emissions from large sources and suppliers in the United States, and is intended to collect accurate and timely emissions data to inform future policy decisions. Under the rule, suppliers of fossil fuels or industrial GHGs, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to the EPA. The first annual reports for the largest emitting facilities, covering calendar year 2010, were submitted to EPA in 2011. State California AB 1493: Pavley Regulations and Fuel Efficiency Standards California AB 1493, enacted on July 22, 2002, required the ARB to develop and adopt regulations that reduce GHGs emitted by passenger vehicles and light duty trucks. Implementation of the regulation was delayed by lawsuits filed by automakers and by the EPA’s denial of an implementation waiver. The EPA subsequently granted the requested waiver in 2009, which was upheld by the by the U.S. District Court for the District of Columbia in 2011.61 The standards are to be phased in during the 2009 through 2016 model years. When fully phased in, the near-term (2009–2012) standards will result in an approximately 22-percent reduction compared with the 2002 fleet, and the mid-term (2013–2016) standards will result in about a 30-percent reduction. Several technologies stand out as providing significant reductions in emissions at favorable costs. These include discrete variable valve lift or camless valve actuation to optimize valve operation rather than relying on fixed valve timing and lift as has historically been done; turbocharging to boost power and allow for engine downsizing; improved multi-speed transmissions; and improved air conditioning systems that operate optimally, leak less, and/or use an alternative refrigerant.62 The second phase of the implementation for the Pavley Bill was incorporated into Amendments to the Low-Emission Vehicle (LEV) Program referred to as LEV III or the Advanced Clean Cars program. The Advanced Clean Car program combines the control of smog-causing pollutants and GHG emissions into a single coordinated package of requirements for model years 2017 through 2025. The regulation will reduce GHGs from new cars by 34 percent from 2016 levels by 2025. The new rules will reduce pollutants from gasoline and diesel-powered cars, and deliver increasing numbers of zero-emission technologies, such as full battery electric cars, newly emerging plug-in hybrid electric vehicles and hydrogen fuel cell cars. The regulations will also ensure adequate fueling infrastructure is available for the increasing numbers of hydrogen fuel cell vehicles planned for deployment in California.63 61 California Air Resources Board (ARB). 2013d. Clean Car Standards—Pavley, Assembly Bill 1493. Website: http://www.arb.ca.gov/cc/ccms/ccms.htm. Accessed February 14, 2017. 62 California Air Resources Board (ARB). 2013e. Facts About the Clean Cars Program. Website: http://www.arb.ca.gov/msprog/zevprog/factsheets/advanced_clean_cars_eng.pdf. Accessed February 14, 2017. 63 California Air Resources Board (ARB). 2011c. Status of Scoping Plan Recommended Measures. Website: www.arb.ca.gov/cc/scoping plan/sp_measures_implementation_timeline.pdf. Accessed February 14, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-29 California SB 1078: Renewable Electricity Standards On September 12, 2002, Governor Gray Davis signed SB 1078, requiring California to generate 20 percent of its electricity from renewable energy by 2017. SB 107 changed the due date to 2010 instead of 2017. On November 17, 2008, Governor Arnold Schwarzenegger signed Executive Order S-14-08, which established a Renewable Portfolio Standard target for California requiring that all retail sellers of electricity serve 33 percent of their load with renewable energy by 2020. Governor Schwarzenegger also directed the ARB (Executive Order S-21-09) to adopt a regulation by July 31, 2010, requiring the State’s load serving entities to meet a 33 percent renewable energy target by 2020. The ARB Board approved the Renewable Electricity Standard on September 23, 2010 by Resolution 10-23. California Executive Order S-3-05 (GHG Emissions Reduction Targets) Former California Governor Arnold Schwarzenegger announced on June 1, 2005, through Executive Order S-3-05, the following reduction targets for GHG emissions: • By 2010, reduce GHG emissions to 2000 levels. • By 2020, reduce GHG emissions to 1990 levels. • By 2050, reduce GHG emissions to 80 percent below 1990 levels. The 2050 reduction goal represents what some scientists believe is necessary to reach levels that will stabilize the climate. The 2020 goal was established to be a mid-term target. Because this is an Executive Order, the goals are not legally enforceable for local governments or the private sector. California AB 32: Global Warming Solutions Act and Scoping Plan The California State Legislature enacted AB 32, the California Global Warming Solutions Act of 2006. AB 32 requires that GHGs emitted in California be reduced to 1990 levels by the year 2020. “Greenhouse gases” as defined under AB 32 include CO2, CH4, N2O, HFCs, PFCs, and SF6. Since AB 32 was enacted, a seventh chemical, nitrogen trifluoride, has also been added to the list of GHGs. The ARB is the State agency charged with monitoring and regulating sources of GHGs. AB 32 states the following: Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. The ARB approved the 1990 GHG emissions level of 427 MMT CO2e on December 6, 2007.64 Therefore, to meet the State’s target, emissions generated in California in 2020 are required to be equal to or less than 427 MMT CO2e. Emissions in 2020 in a Business as Usual (BAU) scenario were estimated to be 596 MMT CO2e, which do not account for reductions from AB 32 regulations.65 At 64 California Air Resources Board (ARB). 2007. Staff Report. California 1990 Greenhouse Gas Level and 2020 Emissions Limit. November 16, 2007. Website: www.arb.ca.gov/cc/inventory/pubs/reports/staff_report_1990_level.pdf. Accessed February 14, 2017. 65 California Air Resources Board (ARB). 2008. (includes edits made in 2009) Climate Change Scoping Plan, a framework for change. Website: http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. Accessed February 14, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-30 FirstCarbon Solutions that rate, a 28 percent reduction was required to achieve the 427 MMT CO2e 1990 inventory. In October 2010, the ARB prepared an updated 2020 forecast to account for the effects of the 2008 recession and slower forecasted growth. The 2020 inventory without the benefits of adopted regulation is now estimated at 545 MMT CO2e. Therefore, under the updated forecast, a 21.7 percent reduction from BAU is required to achieve 1990 levels.66 The State has made steady progress in implementing AB 32 and achieving targets included in Executive Order S-3-05. The progress is shown in updated emission inventories prepared by the ARB for 2000 through 2012 to show progress achieved to date.67 The State has also achieved the Executive Order S- 3-05 target for 2010 of reducing GHG emissions to 2000 levels. As shown below, the 2010 emission inventory achieved this target. Also shown are the average reductions needed from all statewide sources (including all existing sources) to reduce GHG emissions back to 1990 levels. • 1990: 427 MMT CO2e (AB 32 2020 Target) • 2000: 463 MMT CO2e (an average 8-percent reduction needed to achieve 1990 base) • 2010: 450 MMT CO2e (an average 5-percent reduction needed to achieve 1990 base) • 2020: 545 MMT CO2e BAU (an average 21.7-percent reduction from BAU needed to achieve 1990 base) The ARB Climate Change Scoping Plan (Scoping Plan) contains measures designed to reduce the State’s emissions to 1990 levels by the year 2020 to comply with AB 32.68 The Scoping Plan identifies recommended measures for multiple GHG emission sectors and the associated emission reductions needed to achieve the year 2020 emissions target—each sector has a different emission reduction target. Most of the measures target the transportation and electricity sectors. As stated in the Scoping Plan, the key elements of the strategy for achieving the 2020 GHG target include: • Expanding and strengthening existing energy efficiency programs as well as building and appliance standards; • Achieving a statewide renewables energy mix of 33 percent; • Developing a California cap-and-trade program that links with other Western Climate Initiative partner programs to create a regional market system; • Establishing targets for transportation-related GHG emissions for regions throughout California and pursuing policies and incentives to achieve those targets; • Adopting and implementing measures pursuant to existing State laws and policies, including California’s clean car standards, goods movement measures, and the Low Carbon Fuel Standard; and 66 California Air Resources Board (ARB). 2010a. 2020 Greenhouse Gas Emissions Projection and BAU Scenario Emissions Estimate. Website: http://www.arb.ca.gov/cc/inventory/archive/captrade_2010_projection.pdf. Accessed February 14, 2017. 67 California Air Resources Board (ARB). 2014a. California Greenhouse Gas Emissions for 2000 to 2012—Trends of Emissions and Other Indicators. Website: http://www.arb.ca.gov/cc/inventory/pubs/reports/ghg_inventory_00-12_report.pdf. Accessed April 25, 2016. 68 California Air Resources Board (ARB). 2008 (includes edits made in 2009). Climate Change Scoping Plan, a framework for change. Website: http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. Accessed February 14, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-31 • Creating targeted fees, including a public goods charge on water use, fees on high global warming potential gases, and a fee to fund the administrative costs of the State’s long-term commitment to AB 32 implementation. In addition, the Scoping Plan differentiates between “capped” and “uncapped” strategies. Capped strategies are subject to the proposed cap-and-trade program. The Scoping Plan states that the inclusion of these emissions within the cap-and trade program will help ensure that the year 2020 emission targets are met despite some degree of uncertainty in the emission reduction estimates for any individual measure. Implementation of the capped strategies is calculated to achieve a sufficient amount of reductions by 2020 to achieve the emission target contained in AB 32. Uncapped strategies that will not be subject to the cap-and-trade emissions caps and requirements are provided as a margin of safety by accounting for additional GHG emission reductions.69 The ARB approved the First Update to the Scoping Plan (Update) on May 22, 2014. The Update identifies the next steps for California’s climate change strategy. The Update shows how California continues on its path to meet the near-term 2020 GHG limit, but also sets a path toward long-term, deep GHG emission reductions. The report establishes a broad framework for continued emission reductions beyond 2020, on the path to 80 percent below 1990 levels by 2050. The Update identifies progress made to meet the near-term objectives of AB 32 and defines California’s climate change priorities and activities Climate for the next several years. The Update does not set new targets for the State, but describes a path that would achieve the long term 2050 goal of Executive Order S-05-03 for emissions to decline to 80 percent below 1990 levels by 2050. AB 32 does not give the ARB a legislative mandate to set a target beyond the 2020 target from AB 32 or to adopt additional regulations to achieve a post-2020 target. The Update estimates that reductions averaging 5.2 percent per year would be required after 2020 to achieve the 2050 goal. With no estimate of future reduction commitments from the State, identifying a feasible strategy including plans and measures to be adopted by local agencies is not currently possible.70 The Cap-and-Trade Program is a key element of the Scoping Plan. It sets a Statewide limit on sources responsible for 85 percent of California’s GHG emissions, and establishes a price signal needed to drive long-term investment in cleaner fuels and more efficient use of energy. The program is designed to provide covered entities the flexibility to seek out and implement the lowest cost options to reduce emissions. The program conducted its first auction in November 2012. Compliance obligations began for power plants and large industrial sources in January 2013. Other significant milestones include linkage to Quebec’s cap-and-trade system in January 2014 and starting the compliance obligation for distributors of transportation fuels, natural gas, and other fuels in January 2015.71 69 California Air Resources Board (ARB). 2008 (includes edits made in 2009). Climate Change Scoping Plan, a framework for change. Website: http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. 70 California Air Resources Board (ARB). 2014b. First Update to the Climate Change Scoping Plan. Website: http://www.arb.ca.gov/cc/scopingplan/document/updatedscopingplan2013.htm. 71 California Air Resources Board (ARB). 2015. ARB Emissions Trading Program. Website: http://www.arb.ca.gov/cc/capandtrade/guidance/cap_trade_overview.pdf. Accessed February 14, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-32 FirstCarbon Solutions The Cap-and-Trade Program provides a firm cap, ensuring that the 2020 Statewide emission limit will not be exceeded. An inherent feature of the Cap-and-Trade program is that it does not guarantee GHG emissions reductions in any discrete location or by any particular source. Rather, GHG emissions reductions are only guaranteed on an accumulative basis. As summarized by ARB in the First Update: The Cap-and-Trade Regulation gives companies the flexibility to trade allowances with others or take steps to cost-effectively reduce emissions at their own facilities. Companies that emit more have to turn in more allowances or other compliance instruments. Companies that can cut their GHG emissions have to turn in fewer allowances. But as the cap declines, aggregate emissions must be reduced. In other words, a covered entity theoretically could increase its GHG emissions every year and still comply with the Cap-and-Trade Program if there is a reduction in GHG emissions from other covered entities. Such a focus on aggregate GHG emissions is considered appropriate because climate change is a global phenomenon, and the effects of GHG emissions are considered cumulative.72 The Cap-and-Trade Program works with other direct regulatory measures and provides an economic incentive to reduce emissions. If California’s direct regulatory measures reduce GHG emissions more than expected, then the Cap-and-Trade Program will be responsible for relatively fewer emissions reductions. If California’s direct regulatory measures reduce GHG emissions less than expected, then the Cap-and-Trade Program will be responsible for relatively more emissions reductions. Thus, the Cap-and-Trade Program assures that California will meet its 2020 GHG emissions reduction mandate: The Cap-and-Trade Program establishes an overall limit on GHG emissions from most of the California economy—the “capped sectors.” Within the capped sectors, some of the reductions are being accomplished through direct regulations, such as improved building and appliance efficiency standards, the [Low Carbon Fuel Standard] LCFS, and the 33 percent [Renewables Portfolio Standard] RPS. Whatever additional reductions are needed to bring emissions within the cap is accomplished through price incentives posed by emissions allowance prices. Together, direct regulation and price incentives assure that emissions are brought down cost-effectively to the level of the overall cap. The Cap-and-Trade Regulation provides assurance that California’s 2020 limit will be met because the regulation sets a firm limit on 85 percent of California’s GHG emissions. In sum, the Cap-and-Trade Program will achieve aggregate, rather than site specific or project-level, GHG emissions reductions. Also, due to the regulatory architecture adopted by ARB in AB 32, the reductions attributed to the Cap-and-Trade Program can change over time depending on the State’s emissions forecasts and the effectiveness of direct regulatory measures.73 72 California Air Resources Board (ARB). 2014b. First Update to the Climate Change Scoping Plan. Website: http://www.arb.ca.gov/cc/scopingplan/document/updatedscopingplan2013.htm. Accessed February 14, 2017. 73 California Air Resources Board (ARB). 2014b. First Update to the Climate Change Scoping Plan. Website: http://www.arb.ca.gov/cc/scopingplan/document/updatedscopingplan2013.htm. Accessed February 14, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-33 California SB 375: Sustainable Communities and Climate Protection Act SB 375 was signed into law on September 30, 2008. According to SB 375, the transportation sector is the largest contributor of GHG emissions, which emits over 40 percent of the total GHG emissions in California. SB 375 states, “Without improved land use and transportation policy, California will not be able to achieve the goals of AB 32.” SB 375 does the following: (1) requires metropolitan planning organizations to include sustainable community strategies in their regional transportation plans for reducing GHG emissions, (2) aligns planning for transportation and housing, and (3) creates specified incentives for the implementation of the strategies. Concerning the California Environmental Quality Act (CEQA), SB 375, as codified in Public Resources Code Section 21159.28, states that CEQA findings determinations for certain projects are not required to reference, describe, or discuss (1) growth inducing impacts or (2) any project-specific or cumulative impacts from cars and light-duty truck trips generated by the project on global warming or the regional transportation network if a project: 1. Is in an area with an approved sustainable communities strategy or an alternative planning strategy that the ARB accepts as achieving the GHG emission reduction targets; 2. Is consistent with that strategy (in designation, density, building intensity, and applicable policies); and 3. Incorporates the mitigation measures required by an applicable prior environmental document. California SB 1368: Emission Performance Standards In 2006, the State Legislature adopted SB 1368, which was subsequently signed into law by the Governor. SB 1368 directs the California Public Utilities Commission (CPUC) to adopt a performance standard for GHG emissions for the future power purchases of California utilities. SB 1368 seeks to limit carbon emissions associated with electrical energy consumed in California by forbidding procurement arrangements for energy longer than 5 years from resources that exceed the emissions of a relatively clean, combined cycle natural gas power plant. Because of the carbon content of its fuel source, a coal-fired plant cannot meet this standard because such plants emit roughly twice as much carbon as natural gas, combined cycle plants. Accordingly, the new law effectively prevents California’s utilities from investing in, otherwise financially supporting, or purchasing power from new coal plants located in or out of the State. The CPUC adopted the regulations required by SB 1368 on August 29, 2007. The regulations implementing SB 1368 establish a standard for baseload generation owned by, or under long-term contract to publicly owned utilities, of 1,100 lbs CO2 per megawatt-hour (MWh). California Executive Order S-01-07: Low Carbon Fuel Standard The Governor signed Executive Order S 01-07 on January 18, 2007. The Executive Order mandates that a statewide goal shall be established to reduce the carbon intensity of California’s transportation fuels by at least 10 percent by 2020. In particular, the Executive Order established a Low Carbon Fuel Standard (LCFS) and directed the Secretary for Environmental Protection to coordinate the actions of the California Energy Commission, the ARB, the University of California, City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-34 FirstCarbon Solutions and other agencies to develop and propose protocols for measuring the “life-cycle carbon intensity” of transportation fuels. This analysis supporting development of the protocols was included in the State Implementation Plan for alternative fuels (State Alternative Fuels Plan adopted by California Energy Commission on December 24, 2007) and was submitted to the ARB for consideration as an “early action” item under AB 32. The ARB adopted the Low Carbon Fuel Standard on April 23, 2009. The Low Carbon Fuel Standard was subject to legal challenge in 2011. Ultimately, on August 8, 2013, the Fifth District Court of Appeal (California) ruled that the ARB failed to comply with CEQA and the Administrative Procedure Act when adopting regulations for Low Carbon Fuel Standards. In a partially published opinion, the Court of Appeal directed that Resolution 09-31 and two Executive Orders of the ARB approving LCFS regulations promulgated to reduce GHG emissions be set aside. However, the court tailored its remedy to protect the public interest by allowing the LCFS regulations to remain operative while the ARB complies with the procedural requirements it failed to satisfy. To address the Court ruling, the ARB was required to bring a new LCFS regulation to the Board for consideration in February 2015. The proposed LCFS regulation was required to contain revisions to the 2010 LCFS as well as new provisions designed to foster investments in the production of the low- carbon fuels, offer additional flexibility to regulated parties, update critical technical information, simplify and streamline program operations, and enhance enforcement. The second public hearing for the new LCFS regulation was held on September 24, 2015 and September 25, 2015, where the LCFS Regulation was adopted. The Final Rulemaking Package adopting the regulation was filed with the Office of Administrative Law (OAL) on October 2, 2015. The OAL approved the regulation on November 16, 2015.74 California Executive Order S-13-08 Executive Order S-13-08 states that “climate change in California during the next century is expected to shift precipitation patterns, accelerate sea level rise and increase temperatures, thereby posing a serious threat to California’s economy, to the health and welfare of its population and to its natural resources.” Pursuant to the requirements in the order, the 2009 California Climate Adaptation Strategy was adopted, which is the “. . . first Statewide, multi-sector, region-specific, and information-based climate change adaptation strategy in the United States.” Objectives include analyzing risks of climate change in California, identifying and exploring strategies to adapt to climate change, and specifying a direction for future research. California SBX 7-7: Water Conservation Act This 2009 legislation directs urban retail water suppliers to set individual 2020 per capita water use targets and begin implementing conservation measures to achieve those goals. Meeting this statewide goal of 20 percent decrease in demand will result in a reduction of almost 2 million acre- feet in urban water use in 2020. 74 California Air Resources Board (ARB). 2015e. Low Carbon Fuel Standard Regulation. Website: http://www.arb.ca.gov/regact/2015/lcfs2015/lcfs2015.htm. Accessed September 22, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-35 California SB 97 and the CEQA Guidelines Update Passed in August 2007, SB 97 added Section 21083.05 to the Public Resources Code. The code states “(a) On or before July 1, 2009, the Office of Planning and Research shall prepare, develop, and transmit to the Resources Agency guidelines for the mitigation of GHG emissions or the effects of GHG emissions as required by this division, including, but not limited to, effects associated with transportation or energy consumption. (b) On or before January 1, 2010, the Resources Agency shall certify and adopt guidelines prepared and developed by the Office of Planning and Research pursuant to subdivision (a).” Section 21097 was also added to the Public Resources Code, which provided an exemption until January 1, 2010 for transportation projects funded by the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 or projects funded by the Disaster Preparedness and Flood Prevention Bond Act of 2006, in stating that the failure to analyze adequately the effects of GHGs would not violate CEQA. The Natural Resources Agency completed the approval process and the Amendments became effective on March 18, 2010. The 2010 CEQA Amendments provide guidance to public agencies regarding the analysis and mitigation of the effects of GHG emissions in CEQA documents. The CEQA Amendments fit within the existing CEQA framework by amending existing CEQA Guidelines to reference climate change. Section 15064.4(b) of the CEQA Guidelines provides direction for lead agencies for assessing the significance of impacts of GHG emissions: • The extent to which a project may increase or reduce GHG emissions as compared to the existing environmental setting; • Whether a project emissions exceed a threshold of significance that the lead agency determines applies to the project; or • The extent to which a project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. Such regulations or requirements must be adopted by the relevant public agency through a public review process and must include specific requirements that reduce or mitigate a project’s incremental contribution of GHG emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for a project. The CEQA Guidelines Amendments do not identify a threshold of significance for GHG emissions, nor do they prescribe assessment methodologies or specific mitigation measures. Instead, they call for a “good-faith effort, based on available information, to describe, calculate, or estimate the amount of greenhouse gas emissions resulting from a project.” The Amendments encourage lead agencies to consider many factors in performing a CEQA analysis and preserve lead agencies’ discretion to make their own determinations based upon substantial evidence. The Amendments also encourage public agencies to make use of programmatic mitigation plans and programs from which to tier when they perform individual project analyses. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-36 FirstCarbon Solutions Also amended were CEQA Guidelines Sections 15126.4 and 15130, which address mitigation measures and cumulative impacts, respectively. GHG mitigation measures are referenced in general terms, but no specific measures are championed. The revision to the cumulative impact discussion requirement (CEQA Guidelines § 15130) simply directs agencies to analyze GHG emissions in an EIR when a project’s incremental contribution of emissions may be cumulatively considerable; however, it does not answer the question of when emissions are cumulatively considerable. Section 15183.5 permits programmatic GHG analysis and later project-specific tiering, as well as the preparation of GHG Reduction Plans. Compliance with such plans can support a determination that a project’s cumulative effect is not cumulatively considerable, according to Section 15183.5(b). In addition, the 2010 CEQA Amendments revised Appendix F of the CEQA Guidelines, which focuses on Energy Conservation. The sample environmental checklist in CEQA Guidelines Appendix G was amended to include GHG questions. The most recent sample environmental checklist in Appendix G was further amended in 2018 to include two energy questions. CEQA emphasizes that the effects of GHG emissions are cumulative, and should be analyzed in the context of CEQA’s requirements for cumulative impacts analysis (CEQA Guidelines § 15130(f)). Center for Biological Diversity v. California Department of Fish and Wildlife (California Supreme Court GHG Ruling) In a November 30, 2015 ruling, the California Supreme Court in Center for Biological Diversity (CBD) v. California Department of Fish and Wildlife on the Newhall Ranch project concluded that whether the project was consistent with meeting Statewide emission reduction goals is a legally permissible criterion of significance, but the significance finding for the project was not supported by a reasoned explanation based on substantial evidence. The Court offered potential solutions on pages 25–27 of the ruling to address this issue summarized below: Specifically, the Court advised that: • Substantiation of Project Reductions from BAU. A lead agency may use a BAU comparison based on the Scoping Plan’s methodology if it also substantiates the reduction a particular project must achieve to comply with statewide goals. The Court suggested a lead agency could examine the “data behind the Scoping Plan’s business-as-usual model” to determine the necessary project-level reductions from new land use development at the proposed location (p. 25). • Compliance with Regulatory Programs or Performance Based Standards. A lead agency “might assess consistency with A.B. 32’s goal in whole or part by looking to compliance with regulatory programs designed to reduce greenhouse gas emissions from particular activities. (See Final Statement of Reasons, supra, at p. 64 [greenhouse gas emissions ‘may be best analyzed and mitigated at a programmatic level.’].)” To the extent a project’s design features comply with or exceed the regulations outlined in the Scoping Plan and adopted by the Air Resources Board or other state agencies, a lead agency could appropriately rely on their use as showing compliance with ‘performance based standards’ adopted to fulfill ‘a statewide . . . plan for the reduction or mitigation of greenhouse gas emissions’ (CEQA Guidelines § City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-37 15064.4(a)(2), (b)(3); see also id., § 15064(h)(3) [determination that impact is not cumulatively considerable may rest on compliance with previously adopted plans or regulations, including ‘plans or regulations for the reduction of greenhouse gas emissions’]) (p. 26). • Compliance with GHG Reduction Plans or Climate Action Plans (CAPs). A lead agency may utilize “geographically specific GHG emission reduction plans” such as climate action plans or GHG emission reduction plans to provide a basis for the tiering or streamlining of project-level CEQA analysis (p. 26). • Compliance with Local Air District Thresholds. A lead agency may rely on “existing numerical thresholds of significance for greenhouse gas emissions” adopted by, for example, local air districts (p. 27). Therefore, consistent with 2019 CEQA Guidelines Appendix G, the three factors identified in CEQA Guidelines Section 15064.4 and the recently issued Newhall Ranch opinion, the GHG impacts would be considered significant if a project would: • Conflict with a compliant GHG Reduction Plan if adopted by the lead agency; • Exceed the applicable GHG Reduction Threshold; or • Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of GHGs. California SB 350: Clean Energy and Pollution Reduction Act In 2015, the State legislature approved and the Governor signed SB 350, which reaffirms California’s commitment to reducing its GHG emissions and addressing climate change. Key provisions include an increase in the Renewables Portfolio Standard, higher energy efficiency requirements for buildings, initial strategies towards a regional electricity grid, and improved infrastructure for electric vehicle charging stations. Provisions for a 50 percent reduction in the use of petroleum Statewide were removed from the Bill due to opposition and concern that it would prevent the Bill’s passage. Specifically, SB 350 requires the following to reduce Statewide GHG emissions: • Increase the amount of electricity procured from renewable energy sources from 33 percent to 50 percent by 2030, with interim targets of 40 percent by 2024, and 25 percent by 2027. • Double the energy efficiency in existing buildings by 2030. This target will be achieved through the California Public Utility Commission, the California Energy Commission, and local publicly owned utilities. • Reorganize the Independent System Operator (ISO) to develop more regional electrify transmission markets and to improve accessibility in these markets, which will facilitate the growth of renewable energy markets in the western United States.75 75 California Legislative Information (California Leginfo). 2015. Senate Bill 350 Clean Energy and Pollution Reduction Act of 2015. Website: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB350. Accessed September 28, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-38 FirstCarbon Solutions California Executive Order B-30-15 On April 29, 2015, an Executive Order was issued by the Governor to establish a California GHG emissions reduction target of 40 percent below 1990 levels by 2030. The Governor’s Executive Order aligns California’s GHG reduction targets with those of leading international governments ahead of the United Nations Climate Change Conference in Paris late 2015. The Executive Order sets a new interim statewide GHG emission reduction target to reduce GHG emissions to 40 percent below 1990 levels by 2030 in order to ensure California meets its target of reducing GHG emissions to 80 percent below 1990 levels by 2050, and directs the ARB to update the Climate Change Scoping Plan to express the 2030 target in terms of MM CO2e. The Executive Order also requires the State’s climate adaptation plan to be updated every 3 years and for the State to continue its climate change research program, among other provisions. As with Executive Order S-3-05, this Executive Order is not legally enforceable against local governments and the private sector. Legislation that would update AB 32 to make post 2020 targets and requirements a mandate is in process in the State Legislature. California Senate Bill 32 The Governor signed SB 32 in September of 2016, giving the ARB the statutory responsibility to include the 2030 target previously contained in Executive Order B-30-15 in the 2017 Scoping Plan Update. SB 32 states that “In adopting rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions authorized by this division, the state [air resources] board shall ensure that statewide greenhouse gas emissions are reduced to at least 40 percent below the statewide greenhouse gas emissions limit no later than December 31, 2030.” The 2017 Climate Change Scoping Plan Update addressing the SB 32 targets was adopted on December 14, 2017. The major elements of the framework proposed to achieve the 2030 target are as follows: 1. SB 350 • Achieve 50 percent Renewables Portfolio Standard by 2030. • Doubling of energy efficiency savings by 2030. 2. Low Carbon Fuel Standard • Increased stringency (reducing carbon intensity 18 percent by 2030, up from 10 percent in 2020). 3. Mobile Source Strategy (Cleaner Technology and Fuels Scenario) • Maintaining existing GHG standards for light- and heavy-duty vehicles. • Put 4.2 million zero-emission vehicles (ZEVs) on the roads. • Increase ZEV buses, delivery and other trucks. 4. Sustainable Freight Action Plan • Improve freight system efficiency. • Maximize use of near-zero emission vehicles and equipment powered by renewable energy. • Deploy over 100,000 zero-emission trucks and equipment by 2030. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-39 5. Short-Lived Climate Pollutant (SLCP) Reduction Strategy • Reduce emissions of methane and hydrofluorocarbons 40 percent below 2013 levels by 2030. • Reduce emissions of black carbon 50 percent below 2013 levels by 2030. 6. SB 375 Sustainable Communities Strategies • Increased stringency of 2035 targets. 7. Post-2020 Cap-and-Trade Program • Declining caps, continued linkage with Québec, and linkage to Ontario, Canada. • The ARB will look for opportunities to strengthen the program to support more air quality co-benefits, including specific program design elements. In Fall 2016, ARB staff described potential future amendments including reducing the offset usage limit, redesigning the allocation strategy to reduce free allocation to support increased technology and energy investment at covered entities and reducing allocation if the covered entity increases criteria or toxics emissions over some baseline. 8. 20 percent reduction in GHG emissions from the refinery sector. 9. By 2018, develop Integrated Natural and Working Lands Action Plan to secure California’s land base as a net carbon sink. California Code of Regulations Title 13: Motor Vehicles California Code of Regulations, Title 13: Division 3, Chapter 10, Article 1, Section 2485: Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling.76 This measure seeks to reduce public exposure to diesel particulate matter and other air contaminants by establishing idling restrictions, emission standards, and other requirements for heavy-duty diesel engines and alternative idle reduction technologies to limit the idling of diesel-fueled commercial motor vehicles. Any person that owns, operates, or causes to operate any diesel-fueled commercial motor vehicle must not allow a vehicle to idle for more than 5 consecutive minutes at any location, or operate a diesel-fueled auxiliary power system for greater than 5 minutes at any location when within 100 feet of a restricted area. California Code of Regulations, Title 13: Division 3, Chapter 9, Article 4.8, Section 2449: General Requirements for In-Use Off-Road Diesel-Fueled Fleets. This measure regulates NOX, diesel particulate matter (DPM), and other criteria pollutant emissions from in-use off-road diesel-fueled vehicles. This measure also requires each fleet to meet fleet average requirements, or demonstrate that it has met “best available control technology” requirements. Additionally, this measure requires medium and large fleets to have a written idling policy that is made available to operators of the vehicles informing them that idling is limited to five consecutive minutes or less. 76 Thomas Reuters Westlaw. 2019. California Code of Regulations, Title 13. Motor Vehicles. Website: https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=I143B9530D46811DE8879F88E8B0D AAAE&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default). Accessed February 27, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-40 FirstCarbon Solutions California Code of Regulations Title 20: Appliance Efficiency Regulations California Code of Regulations, Title 20, Division 2, Chapter 4, Article 4, Sections 1601-1608: Appliance Efficiency Regulations regulates the sale of appliances in California. The Appliance Efficiency Regulations include standards for both federally regulated appliances and non-federally regulated appliances. Twenty-three categories of appliances are included in the scope of these regulations. The standards within these regulations apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the State and those designed and sold exclusively for use in recreational vehicles or other mobile equipment.77 California Code of Regulations Title 24: Energy Efficiency Standards California Code of Regulations, Title 24, Part 6: California’s Energy Efficiency Standards for Residential and Nonresidential Buildings, was first adopted in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficient technologies and methods. Energy efficient buildings require less electricity; therefore, increased energy efficiency reduces fossil fuel consumption and decreases GHG emissions. The 2016 Building Energy Efficiency Standards went into effect on January 1, 2017.78 The 2019 Building Energy Efficiency Standards are scheduled to go into effect on January 1, 2020. One of the notable changes in the 2019 Title 24 Standards includes the solar photovoltaic systems requirement for new low-rise residential homes. California Code of Regulations Title 24: California Green Building Standards Code California Code of Regulations, Title 24, Part 11, is a comprehensive and uniform regulatory code for all residential, commercial, and school buildings that went in effect January 1, 2011. The code is updated on a regular basis, with the most recent update consisting of the 2016 California Green Building Standards Code (CALGreen) that became effective January 1, 2017.79 Local jurisdictions are permitted to adopt more stringent requirements, as state law provides methods for local enhancements. The Code recognizes that many jurisdictions have developed existing construction and demolition ordinances, and defers to them as the ruling guidance, so long as they provide a minimum 50-percent diversion requirement. The code also provides exemptions for areas not served by construction and demolition recycling infrastructure. State building code provides the minimum standard that buildings need to meet in order to be certified for occupancy, which is generally enforced by the local building official. California Energy Regulations Title 24, Part 6, of the California Code of Regulations is the California Building Standards Code, which governs all aspects of building construction. Included in Part 6 of the Code are standards mandating energy efficiency measures in new construction. Since its establishment in 1977, the building efficiency standards (along with standards for energy efficiency in appliances) have contributed to a 77 California Energy Commission. 2012. 2013 Title 24 Building Energy Efficiency Standards Adoption Hearing Presentation. Website: http://www.energy.ca.gov/title24/2013standards/rulemaking/documents/final_rulemaking_documents/31_2013_Adop tion_Hearing_Presentation_5-31.pdf. Accessed October 19, 2015. 78 California Energy Commission. 2016. 2016 Building Energy Efficiency Standards Frequently Asked Questions. Website: http://www.energy.ca.gov/title24/2016standards/rulemaking/documents/2016_Building_Energy_Efficiency_Standards_FAQ.pdf. Accessed December 1, 2016. 79 California Building Standards Commission (CBSC). 2016. Green Building Standards. Website: https://www.ladbs.org/docs/default- source/publications/code-amendments/2016-calgreen_complete.pdf?sfvrsn=6. Accessed June 27, 2017. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-41 reduction in electricity and natural gas usage and costs in California. The standards are updated every three years to incorporate new energy efficiency technologies. The latest update to the Title 24 standards became effective on January 1, 2017. The standards regulate energy consumed in buildings for heating, cooling, ventilation, water heating, and lighting. Title 24 is implemented through the local planning and permit process. California Model Water Efficient Landscape Ordinance The Model Water Efficient Landscape Ordinance (Ordinance) was required by AB 1881 Water Conservation Act. The bill required local agencies to adopt a local landscape ordinance at least as effective in conserving water as the Model Ordinance by January 1, 2010. Reductions in water use of 20 percent consistent with (SBX-7-7) 2020 mandate are expected for Ordinance. Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources to update the Ordinance through expedited regulation. The California Water Commission approved the revised Ordinance on July 15, 2015, which became effective on December 15, 2015. New development projects that include landscaped areas of 500 square feet or more are subject to the Ordinance. The update requires: • More efficient irrigation systems • Incentives for graywater usage • Improvements in on-site stormwater capture • Limiting the portion of landscapes that can be planted with high water use plants • Reporting requirements for local agencies. California Green Building Standards Code The Building Energy Efficiency Standards for Residential and Nonresidential Buildings (California Code of Regulations [CCR] Title 24, Part 6) were established in 1978 in response to a legislative mandate to reduce California’s energy consumption. The standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technology and methods. The most recent update of standards became effective in January 1, 2017. The Energy Commission staff has estimated that the implementation of the 2016 Building Energy Efficiency Standards may reduce Statewide annual electricity consumption by approximately 281 gigawatt-hours per year and reduce GHG emissions by 160,000 MT CO2e per year.80 California Public Utilities Code The CPUC regulates privately owned telecommunication, electric, natural gas, water, railroad, rail transit, and passenger transportation companies. It is the responsibility of the CPUC to (1) assure California utility customers receive safe and reliable utility service at reasonable rates; (2) protect utility customers from fraud; and (3) promote a healthy California economy. The Public Utilities Code, adopted by the legislature, defines the jurisdiction of the CPUC. 80 California Energy Commission. 2016 Building Energy Efficiency Standards for Residential and Nonresidential Buildings. Website: https://www.energy.ca.gov/2015publications/CEC-400-2015-037/CEC-400-2015-037-CMF.pdf City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-42 FirstCarbon Solutions Local Contra Costa County General Plan Contra Costa County has land use authority for the unincorporated areas of Contra Costa County; however, regional goals and policies may co-benefit the incorporated cities within Contract Costa County. Contra Costa County has renewable energy sources, in the form of wind energy and solar power, which have yet to be fully utilized. Chapter 8, the Conservation Element, of the Contra Costa County General Plan contains the following goals and policies pertaining to the County’s renewable energy resources.81 • Goal 8-K: To encourage the use of renewable resources where they are compatible with the maintenance of environmental quality. • Goal 8-L: To reduce energy use in the County to avoid risks of air pollution and energy shortages which could prevent orderly development. Contra Costa County Climate Action Plan In 2005, Contra Costa County established a Climate Change Working Group to coordinate County efforts to respond to climate change, and to guide practices that result in more sustainable actions. On December 15, 2015, the Contra Costa County CAP was approved by the Board of Supervisors. The CAP identifies specific measures on how the County can achieve a GHG reduction target of 15 percent below baseline levels by the year 2020.82 The Contra Costa County CAP only applies to unincorporated areas of Contra Costa County; however, regional goals and policies may co-benefit the incorporated cities within Contract Costa County. Many County policies and initiatives support this CAP, including: • The Contra Costa County Municipal Climate Action Plan,83 which includes a range of policies promoting energy efficiency and renewable energy; • Bay Area Regional Energy Network,84 a collaboration of the nine counties that make up the Bay Area that implements energy savings programs on a regional level; • Energy conservation policies and programs designed to reduce energy demand through home weatherization programs and green building guidelines; and • Alternative energy policies that will reduce GHG emissions through supporting appropriate renewable energy projects and encouraging energy recovery projects. Pleasant Hill 2003 General Plan The Pleasant Hill 2003 General Plan85 contains goals and policies relevant to the GHG emissions, including goals and policies related to energy efficiency. Specifically related to energy efficiency, the 81 Contra Costa County General Plan. 2005. January 18. Website: http://www.co.contra-costa.ca.us/4732/General-Plan. Accessed February 26, 2019. 82 Contra Costa County. 2015. Contra Costa County Climate Action Plan. December 15. Website: http://www.co.contracosta.ca.us/4554/Climate-Action-Plan. Accessed February 25, 2019. 83 Contra Costa County. 2008. Contra Costa County Municipal Climate Action Plan. December. Website: www.co.contra- costa.ca.us/DocumentCenter/View/2905. Accessed February 27, 2019. 84 Association of Bay Area Governments (ABAG). 2019. BayRen [Bay Area Regional Energy Network]: Local Governments Empowering Our Communities. Website: https://www.bayren.org/. Accessed February 27, 2019. 85 City of Pleasant Hill. 2003. Pleasant Hill 2003 General Plan. July 21. Website: https://www.ci.pleasant-hill.ca.us/132/Current- General-Plan. Accessed February 27, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-43 Community Development Policy 23A gives priority to development that incorporates energy-efficient and resource-conserving design and construction. The associated Community Development Programs promote energy efficiency and conservation through various initiatives, including designing new buildings to exceed State standards for energy efficiency and developing architectural review guidelines that include the latest and best available energy-efficiency techniques and technology. The Pleasant Hill 2003 General Plan also includes Housing Goal 8, requiring energy conserving practices in the maintenance of existing dwellings and in new residential development, additions and remodeling. Additional goals and policies that are established by the Pleasant Hill 2003 General Plan and are relevant to GHG emissions include, but are not limited to, the following: Circulation Element86 • Goal 6. Reduce congestion and vehicle trips through non-automobile transportation and public transit. • Policy 6A. Encourage use of bus and rail service for local and regional travel. • Policy 6B. Encourage use of carpooling and ridesharing for local and regional travel. • Program 6.1. Consider development of a transportation demand management program for areas of the City with high employment concentration. • Program 6.2. Improve accessibility to transit. • Program 6.4. Provide adequate pedestrian, bicycle and disabled access to and from transit stops. • Program 6.6. Support County Connection to improve all types of accessibility for their facilities and to incorporate intermodal facilities where feasible. • Program 6.7. Support new technologies that promote more effective use of transit and facilitate other innovative alternative modes of transportation. • Program 6.8. Explore incentives for public employees to not commute by automobile. • Program 6.9. Expand use of transit for seniors, students, and persons with disabilities. • Program 6.10. Work with employers, schools, and developers to encourage ridesharing and transit use. • Program 6.11. Work with employers, schools, and developers to encourage innovative transportation measures. • Program 6.12. Encourage development of infrastructure (public and private) to support the use of electric and other alternative fuel vehicles. • Goal 7. Ensure that streets are safe and pedestrian-friendly. • Policy 7A. Maintain and upgrade the City’s bikeway system. • Program 7.3. Develop bicycle routes that provide connectivity between homes, job centers, schools and other frequently visited destinations. Pleasant Hill Municipal Code The Pleasant Hill Municipal Code87 contains ordinances relevant to the GHG emissions, many of which are specifically related to energy efficiency. Chapter 14.05, California Building Standards 86 City of Pleasant Hill. 2015. Pleasant Hill 2003 General Plan—Circulation Element (Updated April 2015). Website: https://www.ci.pleasant-hill.ca.us/132/Current-General-Plan. Accessed March 6, 2019. 87 City of Pleasant Hill. 2019. Pleasant Hill Municipal Code. Website: https://www.codepublishing.com/CA/PleasantHill/. Accessed February 27, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-44 FirstCarbon Solutions Code, adopts California Code of Regulations, Title 24, as detailed above. Chapter 14.60, Residential Weatherization Disclosure, encourages voluntary weatherization of residential dwellings by requiring sellers of residential dwellings provide prospective buyers with information on the existence of specific energy-saving weatherization devices within such dwellings. Chapter 18.52, Water-Efficient Landscaping, includes regulations to ensure that landscaping projects within the City are designed and developed to use water in an efficient manner. Chapter 18.52 is the applicable water-efficient landscape ordinance for the plan area and is at least as effective as the updated 2015 State Model Water Efficient Landscape Ordinance described above. 3.6.4 - Impacts and Mitigation Measures Significance Criteria According 2019 CEQA Guidelines Appendix G, to determine whether impacts related to GHG emissions and energy are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? c) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during construction or operation of the proposed plan? d) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency? Approach to Analysis GHG Emissions Generation Calculation Methodology The emission estimates were developed consistent with the proposed land uses and construction schedule described in Chapter 2, Project Descriptions. The CalEEMod version 2016.3.2 was used to estimate the Civic Project’s and Residential Project’s construction and operation-related GHG emissions. CalEEMod was developed in cooperation with air districts throughout the State and is designed as a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential GHG emissions associated with construction and operation from a variety of land uses. Construction Construction emissions can vary substantially from day to day, depending on the level of activity, the specific type of operation, and prevailing weather conditions. Construction-related GHG emissions result from on-site and off-site activities. On-site GHG emissions principally consist of exhaust emissions from heavy-duty construction equipment. Off-site GHG emissions would occur from motor vehicle exhaust from material delivery vehicles and construction worker traffic. However, unlike air quality emissions that have both localized and regional impacts, GHG emissions are evaluated based on City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-45 the total emissions generated. The construction parameters used to estimate construction-related GHG emissions were based on data provided by the project sponsors and CalEEMod default-provided assumptions and are consistent with the assumptions described in Section 3.2, Air Quality. Full assumptions are detailed in the CalEEMod modeling output contained in Appendix C. The analysis presents a conservative estimate, which assumes that some of the construction of the Civic Project and Residential Project would overlap. Operation Operational GHG emissions are those GHG emissions that occur during operation of the proposed plan. To ensure a conservative analysis, operational emissions were analyzed assuming full buildout of the Civic Project and Residential Project in 2021, consistent with the conceptual schedule presented in Table 3.2-9 in Section 3.2, Air Quality. The major sources and operational parameters used to estimate operation-related GHG emissions are summarized below. Full assumptions are detailed in the CalEEMod modeling output contained in Appendix C. Motor Vehicles Motor vehicle emissions refer to exhaust and road dust emissions from the automobiles that would travel to and from the plan area. The emissions were estimated using CalEEMod. The weekday and Saturday trip generation rates for operations associated with the Civic Project and Residential Project were obtained from the transportation impact assessment (included in Appendix J).88 As Sunday trips were not explicitly stated in the transportation impact assessment, Saturday trip generation rates were applied to both Saturday and Sunday trips. Pass-by trips are made as intermediate stops on the way from an origin to a primary trip destination without a route diversion. Pass-by trips are attracted from traffic passing the plan area on an adjacent street or roadway that offers direct access to the generator. Pass-by trips are not diverted from another roadway. The CalEEMod defaults pass-by trips were used for this analysis. The CalEEMod default round trip lengths for an urban setting for Contra Costa County were used in this analysis. The vehicle fleet mix is defined as the mix of motor vehicle classes active during the operation of the Civic Project and Residential Project. Emission factors are assigned to the expected vehicle mix as a function of vehicle class, speed, and fuel use (gasoline and diesel-powered vehicles). The CalEEMod default vehicle fleet mix for Contra Costa County was used for this analysis. Landscape Equipment The use of landscaping equipment (leaf blowers, chain saws, mowers) would generate GHG emissions as a result of fuel combustion based on assumptions in CalEEMod. Electricity The City of Pleasant Hill is served by PG&E. For the purpose of estimating GHG emissions for this analysis, emission factors from PG&E were used. PG&E provides estimates of its emission factor per 88 Fehr & Peers. 2019. Final Transportation Impact Assessment, prepared for City of Pleasant Hill. January. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-46 FirstCarbon Solutions megawatt hour of electricity delivered to its customers. PG&E emissions factor for 2020 for CO2 is provided below. The rates for methane and nitrous oxide are based on compliance with the Renewable Portfolio Standard. The factors listed below were applied in estimating emissions for the year 2021. • Carbon dioxide: 491.65 lb/MWh • Methane: 0.022 lb/MWh • Nitrous oxide: 0.005 lb/MWh SB 350 requires an increase in the amount of electricity procured from renewable energy sources from 33 percent to 50 percent by 2030. Therefore, the adjusted PG&E CalEEMod emission factors are shown below for the year 2030. • Carbon dioxide: 366.91 pound per megawatt hour (lb/MWh) • Methane: 0.029 lb/MWh • Nitrous oxide: 0.006 lb/MWh CalEEMod has three categories for electricity consumption: Title 24-electricity; non-Title 24- electricity; and lighting. Title 24-electricity uses are defined as the major building envelope systems covered by California’s Building Code Title 24 Part 6, such as space heating, space cooling, water heating, and ventilation. Lighting is separate since it can be both part and not part of Title 24. Since lighting is not part of the building envelope energy budget, CalEEMod does not consider lighting to have any further association with Title 24 references in the program. Non-Title 24-electricity includes everything else such as appliances and electronics. To properly divide the total electricity consumption into the three categories, the percentage for each category is determined by using percentages derived from the CalEEMod default electricity intensity. The percentages are applied to the electricity consumption to obtain the values used in the analysis. Natural Gas There would be emissions from the combustion of natural gas used for the Civic Project and Residential Project (water heaters, heat, etc.). CalEEMod has two categories for natural gas consumption: Title 24-natural gas, and non-Title 24-natural gas. For purposes of this analysis, CalEEMod defaults were used. Water and Wastewater GHG emissions are emitted from the use of electricity to pump water to the plan area and to treat wastewater. CalEEMod default values were used in the analysis. Solid Waste GHG emissions would be generated from the decomposition of solid waste generated by the Civic Project and Residential Project. CalEEMod was used to estimate the GHG emissions from this source. The CalEEMod default for the mix of landfill types is as follows: • Landfill no gas capture—6 percent; • Landfill capture gas flare—94 percent; • Landfill capture gas energy recovery—0 percent. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-47 Vegetation There is currently carbon sequestration occurring on-site from existing vegetation. The proposed plan would include the planting of trees and would integrate landscaping into the design, which would provide carbon sequestration. For purposes of this analysis, it was assumed that the loss and addition of carbon sequestration would be balanced; therefore, emissions due to carbon sequestration were not included. Life Cycle Emissions An upstream GHG emissions source (also known as life cycle emissions) refers to emissions that are generated during the manufacturing and transportation of products that would be utilized for construction. Upstream emission sources for construction include but are not limited to GHG emissions from the manufacturing of cement and steel as well as from the transportation of building materials to the seller of such products. The upstream emissions associated with implementation of the proposed plan are difficult to estimate because (1) upstream emissions are not within the control of the proposed plan and (2) the information is not readily available. Therefore, to characterize these emissions would be speculative, and upstream emissions associated with construction have not been estimated as part of this impact analysis. Additionally, the California Air Pollution Control Officers Association (CAPCOA) White Paper on CEQA and Climate Change supports this approach by stating, “The full life-cycle of GHG emissions from construction activities is not accounted for . . . and the information needed to characterize [life-cycle emissions] would be speculative at the CEQA analysis level.”89 Therefore, pursuant to CEQA Guidelines Sections 15144 and 15145, upstream/life cycle emissions are speculative, and is not further discussed as part of this impact analysis. GHG Emissions Reduction Plan Consistency Determination Methodology In determining whether a project or plan conflicts with any applicable plan, policy, or regulation, the California Natural Resources Agency has stated that in order to be used for the purpose of determining significance, an applicable plan, policy, or regulation must contain specific requirements that result in reductions of GHG emissions to a less than significant level. The proposed plan is assessed for its consistency with the ARB’s adopted AB 32 Scoping Plan and the ARB’s adopted 2017 Climate Change Scoping Plan Update. Consistency would be achieved with an assessment of the proposed plan’s compliance with applicable Scoping Plan measures. Energy Consumption Methodology For the purposes of this EIR, the approach to analysis for energy use is based on 2019 CEQA Guidelines Appendix F (Energy Conservation). CEQA Guidelines Appendix F is focused on the goal of conserving energy through the wise and efficient use of energy. The anticipated electricity and natural gas consumption associated with the Civic Project and Residential Project were estimated using default CalEEMod assumptions. CalEEMod contains default energy intensity rates for the various land uses selected. 89 California Air Pollution Control Officers Association (CAPCOA). 2008. CEQA and Climate Change, Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act. Website: http://www.capcoa.org/wp- content/uploads/2012/03/CAPCOA-White- Paper.pdf. Accessed December 18, 2011. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-48 FirstCarbon Solutions Renewable Energy/Energy Efficiency Plan Consistency Determination Methodology The proposed plan would be determined to conflict with or obstruct a State or local plan for renewable energy or energy efficiency if it would not adhere to the energy use reduction measures included in CALGreen or required by the City of Pleasant Hill during construction or operational activities. Specific Thresholds of Significance GHG Emissions Generation The City of Pleasant Hill utilizes BAAQMD’s quantitative thresholds for evaluation of GHG emissions. The BAAQMD provides multiple options in its 2017 BAAQMD CEQA Guidelines for operational GHG emissions generation significance thresholds. However, at the time of this analysis, the BAAQMD has not yet provided a construction-related GHG emissions generation significance threshold, but it does recommend that construction-generated GHGs be quantified and disclosed. Because details for both the Civic Project and Residential Project were available at the time of analysis, the BAAQMD’s project-level significance threshold for operational GHG generation was deemed appropriate to use when determining the proposed plan’s potential GHG impacts. The thresholds suggested by the BAAQMD are as follows: • Compliance with a qualified GHG Reduction Strategy, or • 1,100 MT CO2e per year, or • 4.6 MT CO2e per service population (employees plus residents) per year. It should be noted that the BAAQMD’s thresholds of significance was established based on meeting the 2020 GHG targets set forth in the AB 32 Scoping Plan. For developments that would occur beyond 2020, the mass emissions or bright-line threshold of significance (1,100 MT CO2e/year) was adjusted to a “substantial progress” threshold that was calculated based on the SB 32 target of 40 percent below 1990 levels.90 Since the 2020 GHG targets set forth in the AB 32 Scoping Plan are to meet 1990 levels, it follows that the threshold of 1,100 MT CO2e/year must decrease by 40 percent by 2030 to meet statewide 2030 GHG targets. To determine potential significance, the proposed plan’s net GHG emissions are assessed against the threshold of 1,100 MT CO2e/year for the operational year of 2021 and are compared to the adjusted threshold of 660 for the operational year of 2030. GHG Emissions Reduction Plan Consistency The proposed plan would be determined to conflict with any applicable GHG emissions reduction plan if it would not adhere to applicable GHG reduction measures included in: • AB 32 (the ARB-adopted Scoping Plan); or • SB 32 (the ARB-adopted 2017 Climate Change Scoping Plan Update). 90 Association of Environmental Professionals (AEP). Final White Paper Beyond 2020 and Newhall: A Field Guide to New CEQA Greenhouse Gas Thresholds and Climate Action Plan Targets for California. Website: https://www.califaep.org/images/climate- change/AEP-2016_Final_White_Paper.pdf. Accessed December 20, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-49 Energy The City of Pleasant Hill does not have quantitative thresholds for evaluation of energy; however, the following qualitative thresholds are used to evaluate the significance of energy impacts resulting from implementation of the proposed plan if it would: • Result in a wasteful, inefficient, and unnecessary consumption of energy during construction and operational activities; or if • Construction and operation of buildings and appliances would not adhere to the energy-use reduction measures included in CALGreen and required by the City of Pleasant Hill. Impact Evaluation GHG Emissions Generation Impact GHG-1: Implementation of the proposed plan would generate direct and indirect greenhouse gas emissions that could result in a significant impact on the environment. This GHG emissions generation analysis is restricted to emissions of the GHGs identified as those of California concern by AB 32, which include CO2, methane, nitrous oxide, HFC, PFC, and SF6. The proposed plan would generate a variety of GHG emissions during construction and operation, including several defined by AB 32 such as CO2, methane, nitrous oxide, and HFCs. Certain GHGs defined by AB 32 would not be generated by the Civic Project or Residential Project such as PFCs and SF6. As such, CO2e emissions discussed below are limited to a combination of emissions of CO2, methane, nitrous oxide, HFC, PFC, and SF6. Construction Civic Project and Residential Project Construction of the Civic Project and Residential Project would emit GHG emissions during construction from the off-road construction equipment, worker vehicles, and any hauling that may occur. Total GHG emissions generated during all construction activities were quantified and combined and are presented in Table 3.6-5. In order to assess the construction emissions, the total emissions generated during construction were amortized based on the life of the development (30 years) and added to the operational emissions. Construction of the Civic Project and Residential Project is estimated to generate approximately 1,350 MT CO2e per year over the duration of construction, which would result in approximately 45 MT CO2e per year when amortized over 30 years. The amortized emissions from construction were added to the operational emissions to determine the total emissions. These total emissions were analyzed against the 2020 BAAQMD mass emissions threshold of 1,100 MT CO2e/year and the projected mass emissions threshold of 660 CO2e/year. The schedule shown in Table 3.6-5 presents a conservative estimate, which assumes that some of the construction of the Civic Project and Residential Project would overlap. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-50 FirstCarbon Solutions Table 3.6-5: Unmitigated Proposed Plan Construction GHG Emissions Construction Activity Total Emissions (MT CO2e/year) Demolition Phase of Construction Demolition 98 Phase I Construction Site Preparation—2019 214 Site Preparation—2020 92 Paving 8 Grading 271 Phase II Construction Paving 28 Building Construction—2020 344 Building Construction—2021 185 Architectural Coating 10 Phase III Site Preparation 10 Building Construction 46 Architectural Coating 5 Paving 38 All Construction Activities (2019-2021) Total Construction Emissions 1,350 Construction Emissions Amortized Over the Life of the Proposed Plan (30 years) 45 Note: Calculations use unrounded numbers. Source: CalEEMod Output (see Appendix C). As shown in Table 3.6-5 construction of the Civic Project and Residential Project would generate approximately 1,350 MT CO2e, which is approximately 45 MT CO2e per year when amortized over 30 years. Operation Civic Project and Residential Project Operational or long-term emissions occur over the life of a project. The operational GHG emissions are combined with the amortized construction emissions and compared with the BAAQMD’s per- service-population threshold to make a significance determination. Major sources for operational City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-51 emissions are summarized below, and are described in more detail above under the Approach for Analysis. Sources for operational emissions include: • Motor Vehicles: These emissions refer to GHG emissions contained in the exhaust from the cars and trucks that would travel to and from the plan area. • Natural Gas: These emissions refer to the GHG emissions that occur when natural gas is burned within the plan area. Natural gas uses could include heating water, space heating, dryers, stoves, or other uses. • Indirect Electricity: These emissions refer to those generated by off-site power plants to supply electricity required for the proposed plan. • Water Transport: These emissions refer to those generated by the electricity required to transport and treat the water to be used by the Civic Project and Residential Project. • Waste: These emissions refer to the GHG emissions produced by decomposing waste generated by the Civic Project and Residential Project. Operational GHG emissions by source are shown in Table 3.6-6. As previously indicated, the analysis includes construction emissions amortized over the life of the Civic Project and Residential Project. The Civic Project and Residential Project would generate approximately 2,320 MT CO2e with the addition of amortized construction emissions. As noted in Table 3.6-4 and Table 3.6-6, the existing library is estimated to generate approximately 1,133 MT CO2e/year, which is credited against the estimated future emissions. The estimated total annual net emissions that would be generated by the Civic Project and Residential Project, including operational emissions and amortized construction emissions, were compared with the BAAQMD threshold of 1,100 MT CO2e/year to determine significance at buildout in the year 2021. The estimated total annual GHG emissions in the year 2030 were compared with the applicable threshold of 660 MT CO2e/year. Table 3.6-6: Unmitigated Proposed Plan Operational GHG Emissions Emission Source Year 2021 Total Emissions (MT CO2e per year) Year 2030 Total Emissions (MT CO2e per year) Area 3 3 Energy 234 205 Mobile 2,001 1,545 Waste 23 23 Water 13 10 Amortized Construction Emissions 45 45 Total Proposed Plan Emissions 2,320 1,832 Existing Emissions (1,133) (1,133) Annual Net Proposed Plan Emissions 1,186 699 Applicable BAAQMD Threshold (MT CO2e/year) 1,100 6601 City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-52 FirstCarbon Solutions Table 3.6-6 (cont.): Unmitigated Proposed Plan Operational GHG Emissions Emission Source Year 2021 Total Emissions (MT CO2e per year) Year 2030 Total Emissions (MT CO2e per year) Does Proposed Plan exceed threshold? Yes Yes Notes: MT CO2e = metric tons of carbon dioxide equivalent. Unrounded results used to calculate totals. 1 Adjusted threshold to account for 2017 Scoping Plan Update 40% Reduction Goal by 2030 Source of Emissions: CalEEMod Output (Appendix C). As shown in Table 3.6-6, the implementation of the proposed plan would slightly exceed the BAAQMD’s threshold of 1,100 MT CO2e/year at buildout and would slightly exceed the projected 660 MT CO2e/year for the 2030 GHG emissions. This represents a potentially significant impact. Mitigation Measure (MM) GHG-1 would reduce GHG emissions to less than significant levels, through the option to purchase offsets or implementing other feasible measures listed in MM GHG-1. The Civic Project and Residential Project could achieve the equivalent of net zero electricity use through a combination of on-site generation or through the purchase of renewable electricity from the utility provider. PG&E offers the ability to purchase 100 percent renewable energy through the “Solar Choice” program. Achieving net zero electricity use equivalence would reduce emissions by 116 MT CO2e in the 2021 operational year and 87 MT CO2e in the 2030 operational year. Because the Civic Project would account for 65 percent of the total trips associated with the proposed plan, the Civic Project sponsors are responsible for 65 percent of the reduction in MT CO2e, or a reduction of 56 MT CO2e per year in 2021 and a reduction of 25 MT CO2e per year in 2030. Because the Residential Project would account for 35 percent of the total trips associated with proposed plan, the Residential Project sponsors are responsible for 35 percent of the reduction in MT CO2e, or a reduction of 30 MT CO2e per year in 2021 and a reduction of 14 MT CO2e per year in 2030. Table 3.6-7 shows the total operational GHG emissions with the use of renewable-energy-sourced electricity and implementation of a ridesharing program for as provided in MM GHG-1. As shown in Table 3.6-7, with mitigation incorporated, the GHG operational emissions during operation would not exceed applicable thresholds of significance in 2021 and 2030. Table 3.6-7: Mitigated Proposed Plan Operational GHG Emissions Emission Source Year 2021 Total Emissions (MT CO2e per year) Year 2030 Total Emissions (MT CO2e per year) Area 3 3 Energy 118 118 Mobile 1,923 1,485 Waste 23 23 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-53 Table 3.6-7 (cont.): Mitigated Proposed Plan Operational GHG Emissions Emission Source Year 2021 Total Emissions (MT CO2e per year) Year 2030 Total Emissions (MT CO2e per year) Water 13 10 Amortized Construction Emissions 45 45 Total Proposed Plan Emissions 2,125 1,684 Existing Emissions (1,133) (1,133) Annual Net Mitigated Proposed Plan Emissions 992 551 Applicable BAAQMD Threshold (MT CO2e/year) 1,100 6601 Does Proposed Plan exceed threshold? No No Notes: MT CO2e = metric tons of carbon dioxide equivalent. Unrounded results used to calculate totals. 1 Adjusted threshold to account for 2017 Scoping Plan Update 40% Reduction Goal by 2030 Source of Emissions: CalEEMod Output (Appendix C). Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM GHG-1 Implement and Document Annual GHG Emissions Reduction Measures Civic Project: Prior to the issuance of the certificate of occupancy, the contractor for the Civic Project shall provide documentation to the City of Pleasant Hill that the Civic Project would achieve additional annual GHG emission reductions of 56 MT CO2e per year in 2021 and decreasing to 25 MT CO2e per year in 2030, based on current estimates of GHG emissions, through any combination of the following measures or other measures approved by the City: • Commit to purchasing electricity from a utility offering 100 percent renewable power for some or all of the power needs for the Civic Project. • Install on-site solar panels to generate electricity for a portion of electricity consumption for the Civic Project. • Install on-site charging units for electric vehicles consistent with parking requirements in California Green Building Standards Code (CALGreen) Section 5.106.5.2 • Provide a plan documenting how a ridesharing program for library employees would be implemented starting no later than 60 days after operations of the Civic Project begins. • Purchase voluntary carbon credits from a verified GHG emissions credit broker in an amount sufficient to offset operational GHG emissions of approximately 56 MT CO2e per year over the lifetime of the Civic Project (or a reduced amount City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-54 FirstCarbon Solutions estimated based on implementation of other measures listed above). Copies of the contract(s) shall be provided to the City Planning Department. Residential Project: Prior to the issuance of the certificate of occupancy, the contractor for the Residential Project shall provide documentation to the City of Pleasant Hill that the Residential Project would achieve additional annual GHG emission reductions of 30 MT CO2e per year in 2021 and decreasing to 14 MT CO2e per year in 2030, based on current estimates of the project-related GHG emissions, through any combination of the following measures or other measures approved by the City: • Commit to purchasing electricity from a utility offering 100 percent renewable power for some or all of the power needs associated with the Residential Project. • Install on-site solar panels to generate electricity for a portion of electricity consumption for the Residential Project. • Install on-site charging units for electric vehicles consistent with parking requirements in California Green Building Standards Code (CALGreen) Section 5.106.5.2 • Purchase voluntary carbon credits from a verified GHG emissions credit broker in an amount sufficient to offset operational GHG emissions of approximately 30 MT CO2e per year over the lifetime of the Residential Project (or a reduced amount estimated based on implementation of other measures listed above). Copies of the contract(s) shall be provided to the City planning department. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Consistency with GHG Reduction Plan, Policy, or Regulations Impact GHG-2: Implementation of the proposed plan would not conflict with the applicable plan, policy, or regulation of an agency adopted to reduce the emissions of greenhouse gases. The City of Pleasant Hill has not adopted a GHG reduction plan. In addition, the City has not completed the GHG inventory, benchmarking, and goal-setting process required to identify a reduction target and to take advantage of the streamlining provisions contained in the CEQA Guidelines amendments adopted for SB 97. Since no local CAP is in place that would be applicable to the proposed plan, the proposed plan is assessed for its consistency with the ARB’s adopted AB 32 Scoping Plan and the ARB’s adopted 2017 Climate Change Scoping Plan Update. This would be achieved with an assessment of the proposed plan’s compliance with applicable Scoping Plan measures. Construction Civic Project and Residential Project Impacts related to a proposed plan’s consistency with a GHG emissions reduction plan are primarily related to long-term operational activities. However, short-term construction activities would comply with and use equipment and fuel consistent with Statewide requirements set forth in the AB 32 Scoping Plan or the 2017 Scoping Plan Update. For example, fuel used during construction of the Civic Project and Residential Project would be compliant with the California Low Carbon Fuel Standard. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-55 Furthermore, the Civic Project and Residential Project would be required to comply with city ordinances such as the Construction and Demolition Ordinance.91 The City of Pleasant Hill’s Construction and Demolition Ordinance requires that 50 percent of waste materials be diverted from landfills. All demolition materials identified as recyclable would be source-separated on-site and recycled. In addition, a Waste Management Plan would be submitted and approved prior to issuance of a building or demolition permit. Because construction of the Civic Project and Residential Project would not conflict with the AB 32 Scoping Plan or the 2017 Scoping Plan Update, the construction impact related to consistency with an applicable GHG emissions reduction plan would be less than significant. Operation Civic Project and Residential Project AB 32 (ARB Adopted Scoping Plan) Consistency The California State Legislature adopted AB 32 in 2006. AB 32 focuses on reducing GHG emissions to 1990 levels by the year 2020. Pursuant to the requirements in AB 32, the ARB adopted the Climate Change Scoping Plan (Scoping Plan) in 2008, which outlines actions recommended to obtain that goal. The Scoping Plan calls for an “ambitious but achievable” reduction in California’s GHG emissions, cutting approximately 30 percent from BAU emission levels projected for 2020, or about 10 percent from 2008 levels. The Scoping Plan contains a variety of strategies to reduce the State’s emissions. As shown in Table 3.6-8, the Civic Project and Residential Project are consistent with most of the strategies, while others are not applicable. Table 3.6-8: AB 32 (ARB-adopted 2008 Scoping Plan) Consistency Analysis Scoping Plan Reduction Measure Consistency 1. California Cap-and-Trade Program Linked to Western Climate Initiative. Implement a broad-based California Cap-and-Trade program to provide a firm limit on emissions. Link the California Cap-and-Trade Program with other Western Climate Initiative Partner programs to create a regional market system to achieve greater environmental and economic benefits for California. Ensure California’s program meets all applicable AB 32 requirements for market-based mechanisms. Not applicable. Although the cap-and-trade system has begun, the Civic Project and the Residential Project are not projects targeted by the cap-and-trade system regulations and therefore this measure does not apply to the Civic Project or the Residential Project. 2. California Light-Duty Vehicle GHG Standards. Implement adopted standards and planned second phase of the program. Align zero-emission vehicle, alternative and renewable fuel and vehicle technology programs with long-term climate change goals. Not applicable. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. California light-duty vehicle GHG standards, such as Pavley 2005 Regulations to Control GHG Emissions from Motor Vehicles and 2012 LEV III Amendments to the California GHG and Criteria Pollutant Exhaust and Evaporative Emission Standards, apply to new vehicles. Neither the Civic Project nor the Residential Project involves the manufacturing or sales of new vehicles; however, the standards would be applicable to the light-duty vehicles that access the plan area. 91 City of Pleasant Hill. 2003. Construction and Demolition Recycling. Website: https://www.ci.pleasant-hill.ca.us/1251/Construction- Demolition-Recycling. Accessed March 1, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-56 FirstCarbon Solutions Table 3.6-8 (cont.): AB 32 (ARB-adopted 2008 Scoping Plan) Consistency Analysis Scoping Plan Reduction Measure Consistency 3. Energy Efficiency. Maximize energy efficiency building and appliance standards; pursue additional efficiency including new technologies, policy, and implementation mechanisms. Pursue comparable investment in energy efficiency from all retail providers of electricity in California. Consistent. This is a measure for the State to increase its energy efficiency standards in new buildings. The Civic Project and Residential Project are required to build to the new standards and would increase their energy efficiency through compliance with Title 24 and California Green Building Standards Code. 4. Renewable Portfolio Standard. Achieve 33 percent renewable energy mix Statewide. Renewable energy sources include (but are not limited to) wind, solar, geothermal, small hydroelectric, biomass, anaerobic digestion, and landfill gas. Not applicable. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. PG&E is required to obtain 33 percent of its power supply from renewable sources to by the year 2020 pursuant to various regulations. PG&E is ahead of schedule in meeting the California Renewables Portfolio Standard of 33 percent by 2020 mandate. The Civic Project and Residential Project would purchase power that comprises a greater amount of renewable sources and could install renewable solar power systems that could further assist the utility in achieving the mandate. 5. Low Carbon Fuel Standard. Develop and adopt the Low Carbon Fuel Standard. Not applicable. This is a Statewide measure that applies to transportation fuels utilized by vehicles in California and cannot be implemented by a project applicant or lead agency. All fuel consumption associated with construction and operational activities associated with the Civic Project and Residential Project would use fuel that meets these standards. 6. Regional Transportation-Related GHG Targets. Develop regional GHG emissions reduction targets for passenger vehicles. This measure refers to SB 375. Not applicable. The Civic Project nor the Residential Project are not related to developing GHG emission reduction targets. 7. Vehicle Efficiency Measures. Implement light-duty vehicle efficiency measures. Not applicable. The standards would be applicable to the light-duty vehicles that would access the plan area. 8. Goods Movement. Implement adopted regulations for the use of shore power for ships at berth. Improve efficiency in goods movement activities. Not applicable. Neither the Civic Project nor the Residential Project propose any changes to maritime, rail, or intermodal facilities or forms of transportation. 9. Million Solar Roofs Program. Install 3,000 MW of solar-electric capacity under California’s existing solar programs. Consistent. This measure is to increase solar throughout California, which is being done by various electricity providers and existing solar programs. The single-family homes included as a portion of the Residential Project would be prewired for solar, but would not include solar panels at this time. Overall, the implementation of the proposed plan would not preclude the implementation of this strategy. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-57 Table 3.6-8 (cont.): AB 32 (ARB-adopted 2008 Scoping Plan) Consistency Analysis Scoping Plan Reduction Measure Consistency 10. Medium/Heavy-Duty Vehicles. Adopt medium and heavy-duty vehicle efficiency measures. Not applicable. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. 11. Industrial Emissions. Require assessment of large industrial sources to determine whether individual sources within a facility can cost-effectively reduce GHG emissions and provide other pollution reduction co-benefits. Reduce GHG emissions from fugitive emissions from oil and gas extraction and gas transmission. Adopt and implement regulations to control fugitive CH4 emissions and reduce flaring at refineries. Not applicable. This measure would apply to the direct GHG emissions at major industrial facilities emitting more than 500,000 MT CO2e per year. The proposed plan includes a mix of uses including residential, library, and park uses, and the proposed plan would generate less than 2,000 MT CO2e per year (see Table 3.6-6). 12. High Speed Rail. Support implementation of a high- speed rail system. Not applicable. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. Implementation of the proposed plan would not preclude the implementation of this strategy. 13. Green Building Strategy. Expand the use of green building practices to reduce the carbon footprint of California’s new and existing inventory of buildings. Consistent. The Civic Project and Residential Project would comply with the California Energy Code and, thus, incorporate applicable energy efficiency features designed to reduce energy consumption associated with operation of the Civic Project and Residential Project. 14. High Global Warming Potential Gases. Adopt measures to reduce high global warming potential gases. Consistent. This measure is applicable to the high global warming potential gases that would be used by sources with large equipment (such as in air conditioning and commercial refrigerators). The Residential Project includes development of 34 single-family residential units with seven accessory dwelling units, while the Civic Project includes development of a park (including two athletic fields, bocce ball courts, and associated amenities), and a 25,000-square-foot library. As such, it is not anticipated that the Civic Project and Residential Project would include refrigeration subject to refrigerant management regulations adopted by the ARB. If the Civic Project or Residential Project were to install large air conditioning equipment subject to the refrigerant management regulations adopted by the ARB, they would be required to comply with all ARB requirements for the Stationary Equipment Refrigerant Management Program. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-58 FirstCarbon Solutions Table 3.6-8 (cont.): AB 32 (ARB-adopted 2008 Scoping Plan) Consistency Analysis Scoping Plan Reduction Measure Consistency 15. Recycling and Waste. Reduce CH4 emissions at landfills. Increase waste diversion, composting, and commercial recycling. Move toward zero waste. Consistent. Implementation of the proposed plan would not conflict with implementation of this measure. The Civic Project and Residential Project are required to achieve the recycling mandates via compliance with the CALGreen code. The Civic Project and Residential Project would utilize City of Pleasant Hill recycling services. Republic Services provides solid waste disposal services, including recycling services, for the City of Pleasant Hill. 16. Sustainable Forests. Preserve forest sequestration and encourage the use of forest biomass for sustainable energy generation. Not applicable. The plan area is in a built-up urban area. No forested lands exist on-site; therefore, no on-site preservation is possible. 17. Water. Continue efficiency programs and use cleaner energy sources to move and treat water. Consistent. The Civic Project and Residential Project would comply with the California Energy Code and the California Updated Model Landscape Ordinance. Furthermore, the City of Pleasant Hill has a Water Efficient Landscape Ordinance that requires new buildings to submit plans that are water efficient. With adherence to these regulations, the proposed plan would consume energy and water in an efficient manner. 18. Agriculture. In the near-term, encourage investment in manure digesters and at the 5-year Scoping Plan update determine if the program should be made mandatory by 2020. Not applicable. The plan area is not designated or in use for agriculture purposes. No grazing, feedlot, or other agricultural activities that generate manure occur on-site or are proposed to be implemented by the proposed plan. Source of ARB Scoping Plan Reduction Measures: California Air Resources Board (ARB). 2008 (includes edits made in 2009). Climate Change Scoping Plan, a framework for change. Website: http://www.arb.ca.gov/cc/scopingplan/document/adopted_scoping_plan.pdf. Accessed July 9, 2018. As shown in Table 3.6-8 the Civic Project and Residential Project are consistent with the applicable strategies and would not conflict with the recommendations of AB 32 in achieving a Statewide reduction in GHG emissions. Therefore, the proposed plan would not significantly hinder or delay the State’s ability to meet the reduction targets contained in AB 32 or conflict with implementation of the Scoping Plan. ARB 2017 Climate Change Scoping Plan Update Consistency The 2017 Climate Change Scoping Plan Update addressing the SB 32 targets was adopted on December 14, 2017. Table 3.6-9 provides an analysis of the proposed plan’s consistency with the 2017 Scoping Plan Update measures. As shown in Table 3.6-9, many of the measures are not applicable to the Civic Project or Residential Project. The proposed plan is consistent with all strategies that are applicable. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-59 Table 3.6-9: SB 32 (ARB-adopted 2017 Climate Change Scoping Plan Update) Consistency Analysis 2017 Scoping Plan Update Reduction Measure Proposed Plan Consistency SB 350 50 Percent Renewable Mandate. Utilities subject to the legislation will be required to increase their renewable energy mix from 33 percent in 2020 to 50 percent in 2030. Not applicable. This measure would apply to utilities and not to individual development projects. The Civic Project and Residential Project would purchase electricity from a utility subject to the SB 350 Renewable Mandate. PG&E would be subject to the SB 350 Renewable Mandate. SB 350 Double Building Energy Efficiency by 2030. This is equivalent to a 20 percent reduction from 2014 building energy usage compared to current projected 2030 levels. Not applicable. This measure applies to existing buildings. New structures are required to comply with Title 24 Energy Efficiency Standards that are expected to increase in stringency over time. The Civic Project and Residential Project would comply with the applicable Title 24 Energy Efficiency Standards in effect at the time building permits are received. Low Carbon Fuel Standard. This measure requires fuel providers to meet an 18 percent reduction in carbon content by 2030. Not applicable. This is a Statewide measure that cannot be implemented by a project applicant or lead agency. However, vehicles accessing the plan area would be benefit from the standards. Mobile Source Strategy (Cleaner Technology and Fuels Scenario). Vehicle manufacturers will be required to meet existing regulations mandated by the LEV III and Heavy-Duty Vehicle programs. The strategy includes a goal of having 4.2 million ZEVs on the road by 2030 and increasing numbers of ZEV trucks and buses. Not applicable. This measure is not applicable to the Civic Project or Residential Project; however, vehicles accessing the plan area would be benefit from the increased availability of cleaner technology and fuels. Future residents, visitors, and employees can be expected to purchase increasing numbers of more fuel efficient and zero emission cars and trucks each year. Furthermore, delivery trucks and buses that would serve future residents, visitors, and employees would be made by increasing numbers of ZEV delivery trucks. Sustainable Freight Action Plan The plan’s target is to improve freight system efficiency 25 percent by increasing the value of goods and services produced from the freight sector, relative to the amount of carbon that it produces by 2030. This would be achieved by deploying over 100,000 freight vehicles and equipment capable of zero emission operation and maximize near-zero emission freight vehicles and equipment powered by renewable energy by 2030. Not applicable. This measure applies to owners and operators of trucks and freight operations. The proposed plan includes a mix of uses would support truck and freight operations. It is expected that deliveries throughout the State would be made with an increasing number of ZEV delivery trucks, including deliveries that would be made to future residents of the Residential Project. Short-Lived Climate Pollutant Reduction Strategy. The strategy requires the reduction of SLCPs by 40 percent from 2013 levels by 2030 and the reduction of black carbon by 50 percent from 2013 levels by 2030. Consistent. No wood-burning devices are proposed as part of the Civic Project or Residential Project. Natural gas hearths produce very little black carbon compared to wood-burning fireplace; therefore, the proposed plan would not include major sources of black carbon. SB 375 Sustainable Communities Strategies. Requires Regional Transportation Plans to include a Sustainable Communities Strategy for reduction of per capita vehicle miles traveled. Not applicable. The proposed plan does not include the development of a Regional Transportation Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-60 FirstCarbon Solutions Table 3.6-9 (cont.): SB 32 (ARB-adopted 2017 Climate Change Scoping Plan Update) Consistency Analysis 2017 Scoping Plan Update Reduction Measure Proposed Plan Consistency Post-2020 Cap-and-Trade Program. The Post 2020 Cap-and-Trade Program continues the existing program for another 10 years. The Cap-and-Trade Program applies to large industrial sources such as power plants, refineries, and cement manufacturers. Not applicable. The Civic Project and the Residential Project are not projects targeted by the cap-and-trade system regulations, and, therefore, this measure does not apply. However, the post-2020 Cap-and-Trade Program indirectly affects people and entities who use the products and services produced by the regulated industrial sources when increased cost of products or services (such as electricity and fuel) are transferred to the consumers. Natural and Working Lands Action Plan. ARB is working in coordination with several other agencies at the federal, State, and local levels, stakeholders, and with the public, to develop measures as outlined in the Scoping Plan Update and the governor’s Executive Order B-30-15 to reduce GHG emissions and to cultivate net carbon sequestration potential for California’s natural and working land. Not Applicable. The plan area is in a built-up urban area and would not be considered natural or working lands. Source of ARB Scoping Plan Reduction Measures: California Air Resources Board (ARB). 2017. California’s 2017 Climate Change Scoping Plan, the strategy for achieving California’s 2030 GHG target. Website: https://www.arb.ca.gov/cc/scopingplan/scopingplan.htm. Accessed March 1, 2019. As shown in Table 3.6-8 the proposed plan is consistent with the applicable strategies and would not conflict with the recommendations of SB 32 in achieving a Statewide reduction in GHG emissions. Therefore, the proposed plan would not significantly hinder or delay the State’s ability to meet the reduction targets contained in SB 32 or conflict with implementation of the Scoping Plan Update. Overall In general, the Statewide AB 32 Scoping Plan and the SB 32 Scoping Plan Update rely on increased building energy efficiency as a method to address one of the largest Statewide GHG sectors (i.e., Energy Use). The new buildings to be constructed as part of the Civic Project and Residential Project, which would include residences (Residential Project) and an approximately 23,900 square foot library foot library92 (Civic Project), would be compliant with all applicable energy efficiency standards such as Title 24 and CALGreen. Compliance with regulations would result in higher energy efficiency operations than the existing buildings. As presented in Table 3.6-8, the proposed plan is consistent with the applicable strategies and would not conflict with the recommendations of AB 32 in achieving a Statewide reduction in GHG emissions. Therefore, the proposed plan would not significantly hinder or delay the State’s ability to meet the reduction targets contained in AB 32 or conflict with implementation of the Scoping Plan. Furthermore, as shown in Table 3.6-9, implementation of the proposed plan would not conflict with the reduction measures outlined in the 2017 Scoping Plan Update addressing the SB 32 targets. Therefore, the proposed plan would not conflict with any 92 To provide a conservative estimate, this EIR assumed that the library is 25,000 square feet. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-61 applicable plan, policy or regulation of an agency adopted to reduce the emissions of GHGs. The impact would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Energy Use Impact GHG-3: Implementation of the proposed plan would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during construction or operation of the proposed plan. Construction Civic Project and Residential Project During construction, the Civic Project and Residential Project would result in energy consumption through the combustion of fossil fuels in construction vehicles, worker commute vehicles, and construction equipment, and the use of electricity for temporary buildings, lighting, and other sources. No natural gas would be utilized as part of construction. Fossil fuels used for construction vehicles and other energy-consuming equipment would be used during site clearing, grading, paving, and building construction. The types of equipment could include gasoline- and diesel-powered construction and transportation equipment, including trucks, bulldozers, frontend loaders, forklifts, and cranes. Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. Limitations on idling of vehicles and equipment and requirements that equipment be properly maintained would result in fuel savings. California regulations (CCR Title 13, §§ 2449(d)(3) and 2485) limit idling from both on-road and off- road diesel-powered equipment and are enforced by the ARB. In addition, given the cost of fuel, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. The Pleasant Hill Municipal Code limits construction activities to the hours between 7:30 a.m. and 7:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays and Sundays. As on-site construction activities would be restricted between these hours, it is anticipated that the use of construction lighting would be minimal. Due to the temporary nature construction and the financial incentives to for developers and contractors to use energy-consuming resources in an efficient manner, the construction phase of the proposed plan would not result in wasteful, inefficient, and unnecessary consumption of energy. Therefore, the construction-related impact related to fuel and electricity consumption would be less than significant. Operation Civic Project and Residential Project Electricity and Natural Gas Building operations for the Civic Project and Residential Project would involve energy consumption for multiple purposes including, but not limited to, building heating and cooling, refrigeration, lighting, and electronics as well as outdoor lighting. This analysis conservatively assumes that the City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-62 FirstCarbon Solutions Civic Project and Residential Project would be operational at the same time. Based on CalEEMod estimations within the modeling output files used to estimate GHG emissions associated with the Civic and Residential Project, operations would consume approximately 516,355 kWh of electricity per year and an estimated 2,200,207 kilo-BTU per year Appendix C). The Civic Project and Residential Project would be designed and constructed in accordance with the City’s latest adopted energy efficiency standards, which are based on the State’s Title 24 energy efficiency standards. These standards are widely regarded as the most advanced energy efficiency standards and compliance would ensure that operational energy consumption would not result in the use of energy in a wasteful manner or inefficient manner. Therefore, the operational impact related to building electricity and natural gas consumption would be less than significant. Fuel Operational energy would also be consumed during vehicle trips. Fuel consumption would be primarily related to vehicle use by residents, visitors, and employees. This analysis conservatively assumes that the Civic Project and Residential Project would be operational at the same time. Based on the estimates contained in the CalEEMod output files, vehicle trips associated with the Civic Project and Residential Project would result in approximately 5.2 million vehicle miles traveled, and consume an estimated 230,088 gallons of gasoline and diesel combined on an annual basis.93 Complete CalEEMod output files are included in Appendix C. The plan area is located near the Interstate 680 (I-680) North Main Street interchange. Specifically, the plan area is approximately 0.30 mile west of I-680. As such, it would be in proximity to a regional route of travel. The plan area is also located 0.75 mile from the Pleasant Hill BART Station, which is accessible through other forms of public transportation. County Connection Route 9 provides bus service to the plan area and its vicinity. Bus stops serving this route are located along Oak Park Boulevard and along Patterson Boulevard, located approximately 0.22 mile west of the plan area. Route 9 provides services from Diablo Valley College to Pleasant Hill BART Station, located at 1365 Treat Boulevard, on the east side of I-680 near the Treat Boulevard interchange. The existing transportation facilities in the area would provide future residents, visitors, and employees with access to public transportation, thus further reducing fuel consumption demand. For these reasons, transportation fuel consumption would not result in a significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during long-term operations. Therefore, the operational impact related to vehicle fuel consumption would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Energy Efficiency and Renewable Energy Standards Consistency Impact GHG-4: Implementation of the proposed plan would not conflict with or obstruct any applicable State or local plan for renewable energy or energy efficiency. At the time of this analysis, the City has not developed a specific energy reduction plan; however, the State focuses on reducing energy from new and existing development as a mechanism to reduce 93 Based on the 5,200,000 annual VMT consistent with CalEEMod output (Appendix C) and an average fuel consumption determined using EMFAC2014 factors for Contra Costa County in the 2021 calendar. Website: https://www.arb.ca.gov/emfac/2014/. Accessed March 4, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-63 GHG emissions, which is addressed under Impact GHG-2. A significant impact for would occur if the proposed plan would conflict with or obstruct a State or local plan for renewable energy or energy efficiency. Construction Civic Project and Residential Project The Civic Project and Residential Project would result in energy consumption through the combustion of fossil fuels in construction vehicles, worker commute vehicles, and construction equipment, and the use of electricity for temporary buildings, lighting, and other sources. Fossil fuels used for construction vehicles and other energy-consuming equipment would be used during site clearing, grading, paving, and building construction. The types of equipment could include gasoline- and diesel-powered construction and transportation equipment, including trucks, bulldozers, frontend loaders, forklifts, and cranes. Other equipment could include construction lighting, field services (office trailers), and electrically driven equipment such as pumps and other tools. Limitations on idling of vehicles and equipment and requirements that equipment be properly maintained would result in fuel savings. California regulations (CCR Title 13, §§ 2449(d)(3) and 2485) limit idling from both on-road and off-road diesel-powered equipment and are enforced by the ARB. The proposed plan would be required to comply with these regulations. There are no renewable energy standards that would apply to construction of the Civic Project and Residential Project. Therefore, construction would not conflict with or obstruct any regulations adopted for the purposes of increasing the use of renewable energy. Therefore, it is anticipated that construction of the Civic Project and Residential Project would not conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing energy use or increasing the use of renewable energy. Therefore, construction-related energy efficiency and renewable energy standards consistency impacts would be less than significant. Operation Civic Project and Residential Project The Civic Project and Residential Project would be served with electricity provided by PG&E.94 About 80 percent of the electricity that PG&E delivered in 2017 was a combination of renewable and GHG- emissions-free resources.95 The 2017 power mix included 27 percent non-emitting nuclear generation, 18 percent large hydroelectric facilities, 33 percent eligible renewable resources, such as wind, geothermal, biomass, solar, and small hydro, 20 percent natural gas/other, and 2 percent unspecified power. PG&E is ahead of schedule in meeting the California Renewables Portfolio Standard of 33 percent by 2020 mandate with renewable energy making up 51 percent of its energy portfolio. As such, the Civic Project and Residential Project would purchase power comprised of a greater amount of renewable sources compared to what is required by regulations in effect. In addition, buildings would be designed and constructed in accordance with the State’s Title 24 energy efficiency standards. Thus, the proposed plan would not conflict with any applicable plan, policy, or regulation adopted for the 94 Pacific Gas & Electric (PG&E). 2019. Exploring Clean Energy Solutions. Website: https://www.pge.com/en_US/about- pge/environment/what-we-are-doing/clean-energy-solutions/clean-energy-solutions.page. Accessed February 26, 2019. 95 Renewable sources included solar, wind, geothermal, biomass, and small hydroelectric sources. GHG-emissions-free sources of energy included nuclear and large hydro. City of Pleasant Hill—Oak Park Properties Specific Plan Greenhouse Gas Emissions and Energy Draft EIR 3.6-64 FirstCarbon Solutions purpose of reducing energy use or increasing the use of renewable energy. Therefore, operational energy efficiency and renewable energy standards consistency impacts would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 3.6.5 - Cumulative Impacts GHG Emissions GHG emissions and global climate change represent cumulative impacts. GHG emissions cumulatively contribute to the significant adverse environmental impacts of global climate change. No single project could generate enough GHG emissions to noticeably change the global average temperature; instead, the GHG emissions from past, present, and future projects and activities have contributed, currently are contributing, and would contribute to global climate change and its associated environmental impacts. Per BAAQMD guidance, project GHG emissions are inherently cumulative and do not require the estimation of cumulative projects in the region of a project. The determination of GHG cumulative impacts is, thus, based on the State target established by AB 32 to reduce GHG emissions to 1990 levels by 2020. In order to ensure that this goal would be achieved, Air Districts and Lead Agencies developed GHG thresholds to ensure compliance with the State target. As stated in Appendix D of the 2017 BAAQMD CEQA Guidelines, projects with GHG emissions in conformance with these thresholds, therefore, would not be considered significant for purposes of CEQA. In addition, although the emissions from such cumulative projects would add an incremental amount to the overall GHG emissions that cause global climate change impacts, emissions from projects consistent with these thresholds would not be a “cumulatively considerable” contribution under CEQA. Such projects would not be “cumulatively considerable,” because they would be helping to solve the cumulative problem as a part of the AB 32 process. As determined under Impact GHG-1, the proposed plan would exceed the applicable BAAQMD thresholds, and implementation of mitigation measures would be required. As discussed under Impact GHG-1, implementation of MM GHG-1 would reduce impacts related to the proposed Civic Project’s and Residential Project’s generation of GHG emissions to a less-than-significant level. Furthermore, as discussed under Impact GHG-2, the Civic Project and Residential Project would not conflict with any applicable plan, policy or regulation of an agency adopted to reduce the emissions of GHGs. As such, there would be a less than significant with mitigation impact related to GHG emissions generation. Energy The geographic scope of the cumulative energy analysis is the PG&E service area. Cumulative projects considered as part of this cumulative analysis include those assumed under buildout of the Pleasant Hill 2003 General Plan.96 96 City of Pleasant Hill. 2003. Pleasant Hill 2003 General Plan. July 21. Website: https://www.ci.pleasant-hill.ca.us/132/Current- General-Plan. Accessed February 27, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Greenhouse Gas Emissions and Energy FirstCarbon Solutions 3.6-65 Cumulative projects would be required to comply with Title 24 minimum energy efficiency standards. The cumulative buildings would be designed in accordance with Title 24, California’s Energy Efficiency Standards for Residential and Nonresidential Buildings as applicable. These standards include minimum energy efficiency requirements related to building envelope, mechanical systems (e.g., heating, ventilation, and air conditioning [HVAC] and water heating systems), and indoor and outdoor lighting. The incorporation of the Title 24 standards into the design of the cumulative projects, including the Civic Project and Residential Project, would ensure that the cumulative projects would not result in the use of energy in a wasteful manner. In addition, as discussed under Impact GHG-3, fuel consumption associated with implementation of the proposed plan would not result in a significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources. Therefore, the proposed plan, in conjunction with other existing, planned, and foreseeable future projects, would result in a less than significant cumulative impact related to energy consumption. Level of Cumulative Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Cumulative Mitigation Measures Implement GHG-1 (Civic Project and Residential Project) Level of Cumulative Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-1 3.7 - Hazards, Hazardous Materials, and Wildfire 3.7.1 - Introduction This section describes the existing hazards, hazardous materials, and wildfire conditions in the Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to hazards, hazardous materials, and wildfire that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on the project-specific Phase I Environmental Site Assessments (ESAs) prepared by ENGEO for the Civic Project and Residential Project sites, a Phase II ESA Sampling Report for the Civic Project site, prepared by ENGEO, to address specific conditions identified in the Phase I ESA for the Civic Project site; a Lead and Asbestos Sampling Report, conducted by Stockton Environmental, for the existing library at 1750 Oak Park Boulevard; as well as an Asbestos and Lead Based Paint Sampling Report prepared by Stockton Environmental Inc. for the existing library at 1750 Oak Park Boulevard, all of which are included in Appendix G. The analysis in this section also includes input from the Pleasant Hill 2003 General Plan and Contra Costa County Fire Protection District (CCCFPD). The following comments were received during the Environmental Impact Report (EIR) scoping period related to hazards and hazardous materials. • Handling of hazardous materials in the existing library. • Number of entries into the parking lot may be inadequate during emergencies. • Flooding issues for the residential portion of the Residential Project site. • Requests that hazardous construction and demolition materials should be separated from those that can be recycled and disposed; debris must go to a facility that complies with applicable requirements. 3.7.2 - Environmental Setting Fundamentals Hazards This description of existing conditions focuses on hazards from fire and overhead power lines, as well as hazardous materials and wastes. A hazard is a situation that poses a level of threat to life, health, property, or the environment. Hazards can be dormant or potential, with only a theoretical risk of harm. However, once a hazard becomes active, it can create an emergency. A hazardous situation that has already occurred is called an incident. Emergency response is action taken in response to an unexpected and dangerous occurrence in an attempt to mitigate its impact on people, structures, or the environment. Emergency situations can range from natural disasters to hazardous-materials problems and transportation incidents. Hazardous Materials Hazardous materials, as defined by the California Code of Regulations, are substances with certain physical properties that could pose a substantial present or future hazard to human health or the City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-2 FirstCarbon Solutions environment when handled, disposed, or otherwise managed improperly. Hazardous materials are grouped into the following four categories, based on their properties: • Toxic—causes human health effects • Ignitable—has the ability to burn • Corrosive—causes severe burns or damage to materials • Reactive—causes explosions or generates toxic gases A hazardous waste is any hazardous material that is discarded, abandoned, or slated to be recycled. If improperly handled, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20-24 contain technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste. Hazardous Building Materials Many older buildings contain building materials that consist of hazardous materials. These materials include lead-based paint, asbestos-containing material, and polychlorinated biphenyls (PCBs). Prior to the United States Environmental Protection Agency (EPA) ban in 1978, lead-based paint was commonly used on interior and exterior surfaces of buildings. Disturbances such as sanding and scraping activities, renovation work, gradual wear and tear, old peeling paint, and paint dust particulates have been found to contaminate surface soils or cause lead dust to migrate and affect indoor air quality. Exposure to residual lead can cause severe health effects, especially in children. Asbestos is a naturally occurring fibrous material that was extensively used as a fireproofing and insulating agent in building construction materials before such uses were banned by the EPA in the 1970s. In addition, many types of electrical equipment contained PCBs as an insulator, including transformers and capacitors. After PCBs were determined to be a carcinogen in the mid to late 1970s, the EPA banned PCB use in new equipment and began a program to phase out certain existing PCB-containing equipment. For example, fluorescent lighting ballasts manufactured after January 1, 1978, do not contain PCBs and are required to have a label clearly stating that PCBs are not present in the unit. Hazardous Substances A hazardous substance can be any biological, natural, or chemical substance, whether solid, liquid, or gas, that may cause harm to human health. Hazardous substances are classified on the basis of their potential health effects, whether acute (immediate) or chronic (long-term). Dangerous goods are classified on the basis of immediate physical or chemical effects, such as fire, explosion, corrosion, and poisoning. An accident involving dangerous goods could seriously harm human health or damage property or the environment. Harm to human health may happen suddenly (acute), such as dizziness, nausea, and itchy eyes or skin; or it may happen gradually over years (chronic), such as dermatitis or cancer. Some people can be more susceptible than others. Hazardous substances and dangerous goods can include antiseptic used for a cut, paint for walls, a cleaning product for the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-3 bathroom, chlorine in a pool, carbon monoxide from a motor vehicle, fumes from welding, vapors from adhesives, or dust from cement, stone, or rubber operations. Such hazardous substances can make humans very sick if they are not used properly. Hazardous Wastes Hazardous waste is any hazardous material that is to be discarded, abandoned, or recycled. The criteria that define a material as hazardous also define a waste as hazardous. Specifically, materials and waste may be considered hazardous if they are poisonous (toxic); can be ignited by open flame (ignitable); corrode other materials (corrosive); or react violently, explode, or generate vapors when mixed with water (reactive). Soil or groundwater contaminated with hazardous materials above specified regulatory state or federal thresholds is considered hazardous waste if it is removed from a site for disposal. If handled, disposed, or otherwise handled improperly, hazardous materials and hazardous waste can result in public health hazards if released into the soil or groundwater or through airborne releases in vapors, fumes, or dust. Soil and groundwater having concentrations of hazardous constituents higher than specific regulatory levels must be handled and disposed of as hazardous waste when excavated or pumped from an aquifer. The California Code of Regulations, Title 22, Sections 66261.20-24 contains technical descriptions of toxic characteristics that could cause soil or groundwater to be classified as hazardous waste. Hazardous Materials Listing The Cortese List is a list of known hazardous materials, including hazardous waste facilities, that meet one or more of the provisions of Government Code Section 65962.5, including: • The list of hazardous waste and substances sites from the California Department of Toxic Substances Control (DTSC) EnviroStor database.1 • The list of leaking underground storage tank (LUST) sites by county and fiscal year from the State Water Resources Control Board (State Water Board) GeoTracker database.2 • The list of solid waste disposal sites identified by the State Water Board with waste constituents exceeding hazardous waste levels outside the waste management unit.3 • The list of active cease-and-desist orders and cleanup and abatement orders from the State Water Board.4 • The list of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, as identified by DTSC.5 1 California Department of Toxic Substances Control (DTSC). “Cortese” list of DTSC EnviroStor database list of Hazardous Waste and Substances sites. DTSC Hazardous Waste and Substances Site List—Site Cleanup (Cortese List). Website: http://www.dtsc.ca.gov/SiteCleanup/Cortese_List.cfm. 2 State Water Resources Control Board (State Water Board). “Cortese” List of Leaking Underground Storage Tank Sites by County (San Francisco County). Website: https://geotracker.waterboards.ca.gov/sites_by_county. 3 California Environmental Protection Agency (Cal/EPA). “Cortese” list of solid waste disposal sites identified with waste constituents above hazardous waste levels outside the waste management unit. Website: http://www.calepa.ca.gov/files/2016/10/SiteCleanup- CorteseList-CurrentList.pdf. 4 California Environmental Protection Agency (CalEPA). “Cortese” list of State Water Board sites with active Cease and Desist Orders or Cleanup Abatement Orders. Website: http://www.calepa.ca.gov/files/2016/10/SiteCleanup-CorteseList-CDOCAOList.xlsx. 5 California Environmental Protection Agency (CalEPA). “Cortese” list of sites subject to Corrective Action pursuant to Health and Safety Code 25187.5. Website: https://www.calepa.ca.gov/sitecleanup/corteselist/section-65962-5a/. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-4 FirstCarbon Solutions Presence of Hazardous Materials The hazards in the City of Pleasant Hill and the plan area discussed in this section are related primarily to hazardous building materials. Hazards from hazardous building materials are typically site-specific, so existing conditions related to the transport, use, and disposal of hazardous materials are discussed below under “plan area.” Contra Costa County Land uses in Contra Costa County range from rural, agricultural, and open space to urban and developed. Contra Costa County contains extensive heavy industrial development that may be associated with hazardous materials uses along its west and north coasts. These heavy industrial uses present potential risks to public safety due to explosion and flammability of petroleum and chemical materials.6 In addition, storage tanks and pipelines are located throughout the County and could present public safety risks due to geologic conditions. No particular routes for hazardous materials transportation are designated in the County.7 Hazardous materials such as asbestos and lead are also likely present in building materials and paints in older structures. Emergency response in Contra Costa County within the plan area is coordinated by the CCCFPD. The CCCFPD provides response services to hazardous materials incidents, as well as fire protection and emergency medical services, as discussed further in Section 3.12, Public Services. City of Pleasant Hill Commercial and light industrial operations have the potential to release hazardous materials to soil and groundwater. There are several gas stations throughout the City that are listed as cleanup sites on the State Water Board Geotracker site. There are two fuel pipelines that traverse the City: one beneath Taylor Boulevard and one beneath the Iron Horse Trail.8 Other potential pollutant sources include gasoline service stations and service industries that use solvents or other hazardous materials. Plan Area The southeast area of the City of Pleasant Hill is characterized by urban land uses and relatively flat relief. Information from historical topographic maps, aerial photos, the State Water Board GeoTracker Database, the DTSC EnviroStor Database, the EPA ECHO Database, Contra Costa County Department of Conservation and Development Building Inspection Division, Contra Costa Environmental Health Department, Contra Costa County Hazardous Materials Program, CCCFPD, Pleasant Hill City Clerk’s Office, Contra Costa County Assessor’s Office, and counter personnel at the San Francisco Bay Regional Water Quality Control Board (RWQCB) was reviewed to determine if previous site investigations were performed related to any of the buildings within the plan area. 6 Contra Costa County General Plan, page 10-34. 7 Ibid. 8 City of Pleasant Hill 2003 Pleasant Hill 2003 General Plan, page 64. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-5 Civic Project The Civic Project site is not listed in any regulatory databases and does not contain any existing structures. Given the former presence of a school on the Civic Project site, ENGEO conducted a limited surficial soil sampling program to evaluate potential near-surface soil impacts associated with the application of lead-based paint to the former structures and the use of pesticides. Review of the laboratory test results found detectable but less than significant concentrations of arsenic, lead and select organochlorine pesticides. At the time of the geotechnical exploration performed by ENGEO in February 2018, discoloration/staining and olfactory evidence of petroleum-impacted material was noted in a soil core retrieved from a soil boring advanced within close proximity of the existing sewer line. The petroleum impact was noted at a depth of approximately 24 feet below the ground surface. No other soil borings advanced across the Property or recovered samples exhibited olfactory evidence of petroleum impact. The potential source of impact may have been derived from a leak in the existing sewer line. As discussed in the Phase II ESA sampling report prepared by ENGEO, dated December 19, 2018, Phase II ESA sampling was completed to characterize potential subsurface conditions. The Phase II ESA activities included the creation of four test pits and the collection of 15 soil samples along Oak Park Boulevard and Monticello Avenue. Excavation of the test pits was observed by an environmental professional, who confirmed that the pits contained no evidence of debris or staining. Analysis of the soil samples confirmed that all detectable concentrations of lead are below DTSC environmental screening levels (ESL) for residential land use, and are within typical within ambient ESL for soil and groundwater. No further action is required. Residential Project The Phase I report prepared by ENGEO for the Residential Project site identified the presence of contamination. Specifically, the ENGEO report referenced a prior study, conducted in 2017 by Pari & Gershon, Inc. (PGI), which determined that the existing library has been identified on the Hazardous Waste Information System (HAZNET) database. PGI confirmed that asbestos-containing material was removed and disposed of off-site on two occasions: in 1994, 5.53 tons of asbestos-containing material was removed and in 2011, 0.4 tons of asbestos-containing material was removed. In addition, the database indicated that “Hazardous Substances” and lead-based paint were identified at the existing library. The report recommended that a licensed contractor perform an additional asbestos and lead-based paint survey prior to demolition. In March 2019, Stockton Environmental, Inc. performed an asbestos and lead-based paint survey, taking samples of materials and completing testing to confirm the presence of any remaining contaminants that would require abatement prior to demolition. As summarized in the report, the library building and administrative offices contain residual asbestos and lead based paint that must be abated prior to demolition. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-6 FirstCarbon Solutions Wildfire Hazard Area Designations Contra Costa County According to the California Department of Forestry and Fire Protection (CAL FIRE) Fire Hazard Severity Zone Map, much of Contra Costa County is located in a Moderate, High, and Very High Fire Hazard Zone due to the mountainous terrain and natural vegetation. In general, the majority of these areas are designated High Fire Hazard Severity Zones with areas of significant elevation change, such as Mount Diablo State Park and Briones Regional Park. Prevailing winds in the County tend to travel in a south to southwest direction.9 City of Pleasant Hill The City of Pleasant Hill does not contain lands classified as Very High Fire Hazard Severity Zones. However, west of the City (across Taylor Road) is designated as a High Fire Hazard Severity Zone. The closest Bay Area Air Quality Management District (BAAQMD) air data monitoring station is located in the City of Concord, approximately 3.1 miles to the northeast. Prevailing winds at this station are in the southwest direction with an average speed of 14-17 miles per hour (mph).10 Plan Area According to CAL FIRE, the plan area is not located within a designated “Fire Hazard Severity Zone in a State Responsibility Area” or “Very High Fire Hazard Severity Zone in a Local Responsibility Area.”11 With respect to a Local Responsibility Area, the closest designated “High” fire hazard zone is located approximately 1.3 miles to the west of the plan area. Wildfire-conducive Conditions Because of substantial open space areas and associated vegetation and wildlife habitats throughout the state, California is subject to fire hazards. Grassland or other vegetation in California is easily ignited, particularly in dry seasons. Wildfire is a serious hazard in high dry fuel load areas, particularly near areas of natural vegetation and steep slopes, since fires tend to burn more rapidly on steeper terrain. Wildfire is also a serious hazard in areas of high wind, given that fires will travel faster and farther geographically when winds are higher. Furthermore, wildfire is more likely in areas where electric power lines are located above ground and could ignite vegetation where it comes into contact. Contra Costa County Land uses in Contra Costa County range from rural, agricultural, and open space; to urban and developed. According to the CAL FIRE Fire Hazard Severity Zone Map, much of Contra Costa County is located in a Moderate, High, and Very High Fire Hazard Zone due to the mountainous terrain and natural vegetation. In particular, areas near open space areas such as, Mount Diablo State Park, Briones Regional Park, and Tilden Regional Park, are located in High and Very High fire hazard zones. 9 Bay Area Air Quality Management District (BAAQMD). Air Monitoring Data. Accessed February 19, 2019. Website: http://www.baaqmd.gov/about-air-quality/current-air-quality/air-monitoring- data?DataViewFormat=yearly&DataView=met&StartDate=2/19/2019&ParameterId=204. 10 Ibid. 11 California Department of Forestry and Fire Protection (CAL FIRE). Contra Costa County Fire Hazard Severity Zone Maps. Website: http://www.fire.ca.gov/fire_prevention/fhsz_maps_contracosta. Accessed February 8, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-7 In general, the average wind speed in Contra Costa County range from 14-17 mph and blow southwest.12 Electric power lines mostly occur in urban areas and along roadways. Natural gas pipelines occur frequently across Contra Costa County, including residential and commercial areas. Natural gas poses a lower risk of causing a fire than petroleum products because it is transported at lower pressures and, when released, rises and dissipates into the atmosphere.13 City of Pleasant Hill The City of Pleasant Hill is located in a mostly urbanized, flat area and does not contain any CAL FIRE designated “High” or “Very High” fire hazard zones. The average wind speed in the City of Concord and near the City of Pleasant Hill ranges from 14–17 mph and blows southwest.14 There are two fuel pipelines that traverse the City: one beneath Taylor Boulevard and one beneath the Iron Horse Trail.15 Electric lines typically occur above ground, along streets and roadways. Plan Area The plan area is located in the southeast portion of the City. The plan area is primarily undeveloped and contains grassland and other vegetation that is dry in summer and autumn months. The plan area is relatively flat with little to no slopes and is located in an urbanized area surrounded by residential development as well as schools uses and parks. The closest BAAQMD air data monitoring station is located in the City of Concord, approximately 3.1 miles to the northeast. Prevailing winds at this station have been recorded in the southwest direction with an average speed of 14-17 miles per hour (mph).16 There are existing aboveground electrical power lines along Monticello Avenue and Oak Park Boulevard within the boundaries of the plan area. Emergency and Evacuation Routes/Access Contra Costa County The Contra Costa County Office of the Sheriff: Emergency Services Division is responsible for planning, outreach, and training or disaster management and emergency preparedness throughout the County.17 The Contra Costa County General Plan establishes a 5-minute response time standard for responding to fire protection calls for service. Within Contra Costa County, the main routes into and out of the County that would be most likely used as evacuation routes are Interstate 80 (I-80), I- 680, and I-580, as well as State Route 4 (SR-4) and SR-24. 12 Bay Area Air Quality Management District (BAAQMD). Air Monitoring Data. Accessed February 19, 2019. Website: http://www.baaqmd.gov/about-air-quality/current-air-quality/air-monitoring- data?DataViewFormat=yearly&DataView=met&StartDate=2/19/2019&ParameterId=204. 13 Contra Costa County General Plan, Safety Element, page 10-37. 14 Bay Area Air Quality Management District (BAAQMD). Air Monitoring Data. Accessed February 19, 2019. Website: http://www.baaqmd.gov/about-air-quality/current-air-quality/air-monitoring- data?DataViewFormat=yearly&DataView=met&StartDate=2/19/2019&ParameterId=204. 15 City of Pleasant Hill 2003 Pleasant Hill 2003 General Plan, page 64. 16 Ibid. 17 Contra Costa County Office of the Sheriff. 2018. http://www.cocosheriff.org/bureaus/support_services/emergency.htm. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-8 FirstCarbon Solutions City of Pleasant Hill The Pleasant Hill Police Department is responsible for planning, outreach, and training or disaster management and emergency preparedness for the City. The main routes into and out of the City that would be most likely used as evacuation routes are I-680, Oak Park Boulevard, Taylor Boulevard, and Alhambra Avenue. Plan Area Pleasant Hill Police Department is responsible for planning, outreach, and training or disaster management and emergency preparedness for the plan area.18 The main evacuation routes into and out of the plan area would be Oak Park Boulevard, Monticello Avenue, and Santa Barbara Road. Post-fire Slope Instability and Drainage Pattern Changes Slope instability from wildfire scarring of the landscape can result in slope instability in the form of more intensive flooding and landslides. These post-fire slope soils and altered drainage patterns can result in soil creep on downslope sides of foundations and reduce lateral support. Contra Costa County Area The major post-wildfire hazards in Contra Costa County are unstable hill slopes and altered drainage patterns. Slopes may suffer landslides, slumping, soil slips, and rockslides. Contra Costa County General Plans historically have recognized that major slope areas in excess of 26 percent are “not readily developable” and “undevelopable,” recognizing the cost and engineering difficulties of grading steep slopes as well as their inherent unsuitability.19 Figure 10-6 of the Contra Costa County General Plan shows Landslide Hazards in Contra Costa County. The most recent fire in Contra Costa County is the Alhambra Fire (2019, off SR-4 and Alhambra Avenue in the City of Martinez), located approximately 6 miles to the northwest. Plan Area The plan area has not experienced wildfire and does not reflect any related effects to slope instability or drainage pattern changes. According to Figure 10-6 of the Contra Costa County General Plan, the plan area is not located on a site susceptible to landslides or an area where landslides previously occurred. 3.7.3 - Regulatory Framework Federal Occupational Health and Safety Act The Occupational Safety and Health Administration (OSHA) of the United States Department of Labor is responsible for implementing and enforcing federal laws and regulations that address worker health and safety. OSHA requires specific training for hazardous materials users and handlers, provision of information (procedures for personal safety, hazardous-materials storage and handling, and emergency response) to employees who may be exposed to hazardous materials, and 18 City of Pleasant Hill Police Department. No date. Be Prepared. Website: http://www.ci.pleasant-hill.ca.us/410/Be-Prepared. Accessed: March 1, 2019. 19 Contra Costa County General Plan, page 10-22. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-9 acquisition of material safety data sheets from materials manufacturers. Material safety data sheets describe the risks, as well as proper handling and procedures, related to particular hazardous materials. Employee training must include response and remediation procedures for hazardous materials releases and exposures. Construction workers and operational employees working within the plan area would be subject to these requirements. Code of Federal Regulations, Titles 29 and 40 Regulations in Code of Federal Regulations Title 29 include requirements to manage and control exposure to lead-based paint and asbestos containing materials. In California, these requirements are implemented by the California Occupational Safety and Health Administration (Cal/OSHA) under California Code of Regulations (CCR) Title 8 (see further discussion of CCR Title 8 below). The removal and handling of asbestos-containing materials is governed primarily by EPA regulations under Code of Federal Regulations Title 40. The regulations require that the appropriate state agency be notified before any demolition, or before any renovations, of buildings that could contain asbestos or asbestos-containing materials above a specified threshold. Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation, and Liability Act The EPA is responsible for implementing and enforcing federal laws and regulations pertaining to hazardous materials. The primary legislation includes the Resource Conservation and Recovery Act of 1976 (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA) and the Emergency Planning and Community Right-to-Know Act (known as SARA Title III). RCRA and the 1984 RCRA Amendments regulate the treatment, storage, and disposal of hazardous and non- hazardous wastes and mandate that hazardous wastes be tracked from the point of generation to their ultimate fate in the environment, including detailed tracking of hazardous materials during transport and permitting of hazardous material handling facilities. As permitted by RCRA, in 1992, the EPA approved California’s program called the Hazardous Waste Control Law (HWCL), administered by the DTSC, to regulate hazardous wastes in California, as discussed further below. The purpose of CERCLA is to identify and clean up chemically contaminated sites that pose a significant environmental health threat, and the Hazard Ranking System is used to determine whether a site should be placed on the National Priorities List for cleanup activities. SARA relates primarily to emergency management of accidental releases and requires annual reporting of continuous emissions and accidental releases of specified compounds that are compiled into a nationwide Toxics Release Inventory. Finally, SARA Title III requires formation of state and local emergency planning committees that are responsible for collecting material handling and transportation data for use as a basis for planning and provision of chemical inventory data to the community at large under the “right-to-know” provision of the law. Hazardous Materials Transportation Act Under the Hazardous Materials Transportation Act of 1975, the United States Department of Transportation (DOT), Office of Hazardous Materials Safety regulates the transportation of hazardous materials on water, rail, highways, through air, or in pipelines, and enforces guidelines created to protect human health and the environment and reduce potential impacts by creating hazardous- City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-10 FirstCarbon Solutions material packaging and transportation requirements. It also includes provisions for material classification, packaging, marking, labeling, placecarding, and shipping documentation. The DOT provides hazardous-materials safety training programs and supervises activities involving hazardous materials. In addition, DOT develops and recommends regulations governing the multimodal transportation of hazardous materials. Aboveground Petroleum Storage Act, and Spill Prevention, Control, and Countermeasure Rule The Aboveground Petroleum Storage Act of 1990, and the Spill Prevention, Control, and Countermeasure (SPCC) Rule (amended 2010) of the Oil Pollution Prevention regulation (40 Code of Federal Regulations [CFR] 112) require the owner or operator of a tank facility with an aggregate storage capacity greater than 1,320 gallons to notify the local Certified Unified Program Agency (CUPA) and prepare an SPCC plan. The SPCC plan must identify appropriate spill containment measures and equipment for diverting spills from sensitive areas, and must discuss facility-specific requirements for the storage system, inspections, recordkeeping, security, and training. Clean Water Act The Clean Water Act (CWA) (Title 33 § 1251 et seq. of the United States Code [33 USC 1251, et seq.]) is the major federal legislation governing water quality. The CWA established the basic structure for regulating discharges of pollutants into waters of the United States (not including groundwater). The objective of the act is “to restore and maintain the chemical, physical, and biological integrity of the nation’s waters.” The CWA establishes the basic structure for regulating the discharge of pollutants into waters of the United States. Responsibility for administering the CWA resides with the State Water Board and nine RWQCBs; the San Francisco Bay RWQCB administers the CWA in the Pleasant Hill area. Section 404 of the CWA regulates temporary and permanent fill and disturbance of waters of the United States, including wetlands. The United States Army Corps of Engineers requires that a permit be obtained if a project proposes to place fill in navigable waters and/or to alter waters of the United States below the ordinary high-water mark in nontidal waters. Section 401 of the CWA requires compliance with State water quality standards for actions within State waters. Compliance with the water quality standards required under Section 401 is a condition for issuance of a Section 404 permit. Under Section 401 of the CWA, every applicant for a permit or license for any activity that may result in a discharge to a water body must obtain a State water quality certification from the RWQCB to demonstrate that the proposed activity would comply with State water quality standards. State California Hazardous Waste Control Law The Hazardous Waste Control Law is the primary hazardous waste statute in the State of California, and implements RCRA as a “cradle-to-grave” waste management system in the State of California for handling hazardous wastes in a manner that protects human health and the environment and would reduce potential resulting impacts. The law specifies that generators have the primary duty to determine whether their waste is hazardous and to ensure proper management. The Hazardous Waste Control Law also establishes criteria for the reuse and recycling of hazardous waste used or reused as raw materials. The law exceeds federal requirements by mandating source reduction planning, and a City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-11 much broader requirement for permitting facilities that treat hazardous waste. It also regulates a number of types of waste and waste management activities that are not covered by federal law. California Health and Safety Code The California Health and Safety Code (HSC § 25141) defines hazardous waste as a waste or combination of waste that may: . . . because of its quantity, concentration, or physical, chemical, or infection characteristics: (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitation-reversible illness. (2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of or otherwise managed. These regulations establish criteria for identifying, packaging, and labeling hazardous wastes; prescribe management practices for hazardous wastes; establish permit requirements for hazardous- waste treatment, storage, disposal, and transportation; and identify hazardous waste that commonly would be disposed of in landfills. Under both the RCRA and HWCL, hazardous-waste manifests must be retained by the generator for a minimum of 3 years. The generator must match copies of the manifests with copies of manifest receipts from the treatment, disposal, or recycling facility. In accordance with Chapter 6.11 of the California Health and Safety Code (HSC § 25404, et seq.), local regulatory agencies enforce many federal and State regulatory programs through the Certified Unified Program Agencies program, including: • Hazardous Materials Business Plans (HMBPs) (HSC § 25501, et seq.); • State Uniform Fire Code (UFC) requirements (UFC § 80.103, as adopted by the State Fire Marshal pursuant to HSC § 13143.9); • Underground Storage Tanks (USTs) (HSC § 25280, et seq.); • Aboveground storage tanks (HSC § 25270.5[c]); and • Hazardous-waste-generator requirements (HSC § 25100, et seq.). Contra Costa Health Services is the CUPA for Contra Costa County. As the CUPA, Contra Costa Health Services enforces State statutes and regulations through the Hazardous Materials Unified Program Agency (HMUPA). The HMUPA oversees aboveground petroleum tanks; generation of hazardous materials; storage and treatment; USTs; generation of medical waste; the accidental-release prevention program; and the Local Oversight Program, which interfaces with the State Water Board and the San Francisco Bay RWQCB on LUSTs and UST release sites. An HMBP must be submitted if a City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-12 FirstCarbon Solutions facility ever handles any individual hazardous material in an aggregate amount equal to or greater than 55 gallons (liquids), 500 pounds (solids), or 200 cubic feet (gases). An HMBP must include: • Details that include facility floor plans and identify the business conducted at the site; • An inventory of hazardous materials handled or stored on the site; • An emergency response plan; and A training program in safety procedures and emergency response for new employees who may handle hazardous materials, with an annual refresher course in the same topics for those same employees. California Code of Regulations, Title 8 The California Division of Occupational Safety and Health (Cal/OSHA) assumes primary responsibility for developing and enforcing workplace safety regulations. These regulations concern the use of hazardous materials in the workplace, including requirements for employee safety training; availability of safety equipment; accident and illness prevention programs; hazardous-substance exposure warnings; and preparation of emergency action and fire prevention plans. Cal/OSHA also enforces hazard communication program regulations, including procedures for identifying and labeling hazardous substances, and requires that safety data sheets (formerly known as material safety data sheets) be available for employee information and training programs. Cal/OSHA standards are generally more stringent than federal regulations. Construction workers and operational employees within the plan area would be subject to these requirements. California Code of Regulations, Title 8, Section 1529 authorizes Cal/OSHA to implement the survey requirements of CFR Title 29 relating to asbestos. These federal and state regulations require facilities to take all necessary precautions to protect employees and the public from exposure to asbestos. Workers who conduct asbestos abatement must be trained in accordance with federal and State OSHA requirements. The BAAQMD oversees the removal of regulated asbestos-containing materials (see “Asbestos Demolition, Renovation, and Manufacturing Rule” below). California Code of Regulations Title 8, Section 1532.1 includes requirements to manage and control exposure to lead-based paint. These regulations cover the demolition, removal, cleanup, transportation, storage, and disposal of lead-containing material. The regulations outline the permissible exposure limit, protective measures, monitoring, and compliance to ensure the safety of construction workers exposed to lead-based material. Loose and peeling lead-based paint must be disposed of as a State and/or federal hazardous waste if the concentration of lead equals or exceeds applicable hazardous waste thresholds. Federal and State OSHA regulations require a supervisor who is certified with respect to identifying existing and predictable lead hazards to oversee air monitoring and other protective measures during demolition activities in areas where lead-based paint may be present. Special protective measures and notification of Cal/OSHA are required for highly hazardous construction tasks related to lead, such as manual demolition, abrasive blasting, welding, cutting, or torch burning of structures, where lead-based paint is present. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-13 California Code of Regulations Title 22, Division 4.5 California Code of Regulations Title 22, Division 4.5 contains the Environmental Health Standards for the Management of Hazardous Waste, which includes California waste identification and classification regulations. California Code of Regulations Title 22, Chapter 11, Article 3, “Soluble Threshold Limits Concentrations/Total Threshold Limits Concentration Regulatory Limits,” identifies the concentrations at which soil is determined to be a California hazardous waste. California’s Universal Waste Rule (22 CCR § 66273) provides an alternative set of management standards in lieu of regulation as hazardous wastes for certain common hazardous wastes, as defined in 22 California Code of Regulations Section 66261.9. Universal wastes include fluorescent lamps, mercury thermostats, and other mercury-containing equipment. Existing structures may contain fluorescent light ballasts that could contain mercury or lead. The Alternative Management Standards for Treated Wood Waste (22 CCR § 67386) were developed by DTSC to allow for disposal of treated wood as a nonhazardous waste, to simplify and facilitate the safe and economical disposal of such waste. Chemically treated wood can contain elevated levels of hazardous chemicals (e.g., arsenic, chromium, copper, pentachlorophenol, or creosote) that equal or exceed applicable hazardous waste thresholds. The Alternative Management Standards provide for less stringent storage requirements and extended accumulation periods, allow shipments without a hazardous waste manifest and a hazardous waste hauler, and allow disposal at specific nonhazardous waste landfills. Porter-Cologne Act The Porter-Cologne Water Quality Control Act of 1969 (Porter-Cologne Act) is California’s statutory authority for the protection of water quality. Under the Porter-Cologne Act, the State must adopt water quality policies, plans, and objectives that protect the State’s waters for the use and enjoyment of the people. Regional authority for planning, permitting, and enforcement is delegated to the nine RWQCBs. The RWQCBs are required to formulate and adopt water quality control plans (also known as basin plans) for all areas of the region and establish water quality objectives in the plans. The Porter-Cologne Act sets forth the obligations of the State Water Board and RWQCBs to adopt and periodically update water quality control plans that recognize and reflect the differences in existing water quality, the beneficial uses of the region’s groundwater and surface water, and local water quality conditions and problems. It also authorizes the State Water Board and RWQCBs to issue and enforce waste discharge requirements and to implement programs for controlling pollution in State waters. Finally, the Porter-Cologne Act also authorizes the State Water Board and RWQCBs to oversee site investigation and cleanup for unauthorized releases of pollutants to soils and groundwater and in some cases to surface waters or sediments. California Emergency Response Plan California has developed an emergency response plan to coordinate emergency services provided by federal, State, and local governments and private agencies. Responding to hazardous-materials incidents is one part of this plan. The plan is administered by the California Governor’s Office of Emergency Services, which coordinates the responses of other agencies. When the City of Pleasant Hill experiences an emergency, an Emergency Operations Center (EOC) may be opened. In the event an EOC is opened, emergency response team members coordinate efforts and work with local fire and police agencies, emergency medical providers, the California Highway Patrol, CAL FIRE, California Department of Fish and Wildlife (CDFW), and California Department of Transportation (Caltrans). City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-14 FirstCarbon Solutions California Department of Forestry and Fire Protection Threat Potential Mapping CAL FIRE has mapped fire threat potential throughout California. CAL FIRE maps fire threat based on the availability of fuel and the likelihood of an area burning (based on topography, fire history, and climate). The threat levels include no fire threat, moderate, high, and very high fire threat. Further, the maps designate the City of Pleasant Hill as the Local Responsibility Area for the plan area. Additionally, CAL FIRE produced a 2010 Strategic Fire Plan for California, which contains goals, objectives, and policies to prepare for and mitigate the effects of fire on California’s natural and built environments. The CAL FIRE Office of the State Fire Marshal provides oversight of enforcement of the California Fire Code as well as overseeing hazardous liquid pipeline safety. California Building Code The State of California provided a minimum standard for building design through the 2016 California Building Standards Code (CBC), which is located in Part 2 of Title 24 of the California Code of Regulations. The 2016 CBC is based on the 2015 International Building Code, but has been modified for California conditions. It is generally adopted on a jurisdiction by-jurisdiction basis, subject to further modification based on local conditions. Commercial and residential buildings are plan- checked by local City and County building officials for compliance with the CBC. Typical fire safety requirements of the CBC include the installation of sprinklers in all new high-rise buildings and residential buildings; the establishment of fire resistance standards for fire doors, building material; and particular types of construction. California Public Resources Code The California Public Resources Code (PRC) includes fire safety regulations that restrict the use of equipment that may produce a spark, flame, or fire; require the use of spark arrestors20 on construction equipment that use an internal combustion engine; specify requirements for the safe use of gasoline-powered tools in fire hazard areas; and specify fire suppression equipment that must be provided on-site for various types of work in fire-prone areas. These regulations include the following: • Earthmoving and portable equipment with internal combustion engines would be equipped with a spark arrestor to reduce the potential for igniting a wildland fire (PRC § 4442); • Appropriate fire suppression equipment would be maintained during the highest fire danger period—from April 1 to December 1 (PRC § 4428); • On days when a burning permit is required, flammable materials would be removed to a distance of 10 feet from any equipment that could produce a spark, fire, or flame, and the construction contractor would maintain the appropriate fire suppression equipment (PRC § 4427); and • On days when a burning permit is required, portable tools powered by gasoline-fueled internal combustion engines would not be used within 25 feet of any flammable materials (PRC § 4431). 20 A spark arrester is any device that prevents the emission of flammable debris from combustion sources, such as internal combustion engines, fireplaces, and wood burning stoves. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-15 Regional BAAQMD Asbestos Demolition, Renovation and Manufacturing Rule The removal of asbestos-containing building materials is subject to the limitations of BAAQMD Regulation 11, Rule 2, “Hazardous Materials; Asbestos Demolition, Renovation and Manufacturing.” This rule prohibits visible emissions to outside air from any operation involving the demolition of any structure containing asbestos, and sets out requirements for demolition of such structures, including a pre-demolition survey conducted by a certified professional. All friable (i.e., crushable by hand) asbestos-containing materials or nonfriable asbestos-containing materials that may be damaged must be abated before demolition in accordance with applicable requirements. Friable asbestos-containing materials must be disposed of as asbestos waste at an approved facility. Nonfriable asbestos- containing materials may be disposed of as nonhazardous waste at landfills that accept such wastes. Association of Bay Area Governments Hazard Mitigation Plan The Association of Bay Area Governments’ multijurisdictional Local Hazard Mitigation Plan for the San Francisco Bay Area was updated in 2010 in partnership with Bay Conservation and Development Commission Adapting to Rising Tides Program to support local governments in the regional plan for existing and future hazards of climate change. This detailed 5-year plan identifies potential natural and human-made hazards, assesses their potential risks, and includes mitigation methods to reduce risks. The potential hazards identified in the Plan include earthquakes and liquefaction, wildfires, floods, drought, solar storms, dam or levee failure, disease outbreak, freezes, wind, heat, thunder and lightning storms, siltation, tornadoes, hazardous materials, slope failure and mudflows, and other hazards. Similarly, mitigation measures include hazard event planning, emergency preparedness coordination, education, facility upgrades, and monitoring actions. Contra Costa County Hazard Mitigation Plan The Contra Costa County Hazard Mitigation Plan (HMP) contains goals and objectives that are intended to reduce loss of life and property from natural disasters.21 During the planning process, this plan used Federal Emergency Management Agency (FEMA) tools to determine the most likely possible threats would be earthquakes, flooding, landslides, tsunamis, and wildfires in urban interface zones. The HMP identifies mitigation action items that aim to meet objectives and reduce the impacts of these hazards. The Contra Costa County Office of Emergency Services and Contra Costa County Department of Conservation and Development share the lead responsibility for overseeing the Plan implementation and maintenance strategy. Plan implementation and evaluation will be a shared responsibility among all planning partnership members and agencies identified as lead agencies in the mitigation action plans. Contra Costa County Emergency Operations Plan The purpose of the Contra Costa County Operational Area (OA) Emergency Operations Plan (EOP) is to provide the basis for a coordinated response before, during, and after an emergency affecting Contra Costa County.22 The emergency operations plan identifies and facilitates inter-agency coordination in emergency operations. The Plan applies to all emergencies in unincorporated areas 21 Tetra Tech. 2018. Contra Costa County Hazard Mitigation Plan. 22 Contra Costa County. 2015. Emergency Operations Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-16 FirstCarbon Solutions of Contra Costa County and within incorporated areas when those emergencies require multi-agency coordination at the operational area level. Contra Costa Household Hazardous Waste Program Contra Costa County operates three drop-off locations in the western portion, central portion, and eastern portion of the county. The three facilities allow for residents and qualified small businesses to drop off accepted hazardous waste. Hazardous waste that is accepted includes chemical bottles, acids and caustics, batteries, light bulbs, motor oil, pesticides, and solvents.23 Contra Costa County Ordinance Code Division 450, Hazardous Materials and Wastes, of the Contra Costa County Ordinance Code provides regulations regarding hazardous material response plans, inventories, underground storage, and risk management. In part, this County Ordinance Code division requires that any business that handles a specific quantity of hazardous materials establish a business plan for emergency response to a release or threatened release of a hazardous material. California has developed an emergency response plan to coordinate emergency services provided by federal, State, and local governments and private agencies. Responding to hazardous-materials incidents is one part of this plan. The plan is administered by the California Governor’s Office of Emergency Services, which coordinates the responses of other agencies. The Contra Costa County Office of the Sheriff: Emergency Services Division coordinates response to emergencies in the County. Emergency response team members respond and work with local fire and police agencies, emergency medical providers, the California Highway Patrol, CAL FIRE, CDFW, and Caltrans. Local City of Pleasant Hill 2003 General Plan Noise and Safety Element The Pleasant Hill 2003 General Plan establishes the following goals and policies related to hazards and hazardous materials that are relevant to this analysis: Safety and Noise Goals, Policies, and Programs • Goal 5: Avoid exposure to hazardous substances. • Policy 5a: The City shall adequately monitor and regulate hazardous materials. • Program 5.1: The City shall identify and require businesses that use, store, dispose of, or transport hazardous materials to ensure that adequate measures are taken to protect public health and safety. • Program 5.2: The City shall work with appropriate agencies to require all transport of hazardous materials to follow approved routes. • Goal 6: Work to ensure a drinking water supply free from contamination. • Policy 6A: The City shall assist in the protection and monitoring of water quality. • Program 6.1: The City shall encourage water suppliers to comply with applicable State and federal provisions. • Program 6.2: The City shall work with water suppliers and jurisdictional agencies during the environmental review process for new development to prevent contamination of water supplies. 23 Contra Costa County. 2018. Website: http://www.co.contra-costa.ca.us/depart/cd/recycle/options/v5951.htm City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-17 3.7.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 CEQA Guidelines Appendix G, to determine whether impacts related to hazards and hazardous materials have significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25-mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) Be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport and result in a safety hazard or excessive noise for people residing or working the plan area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? If located in or near State responsibility areas or lands classified as Very High Fire Hazard Severity Zones, would the proposed plan: h) Substantially impair an adopted emergency response plan or emergency evacuation plan? i) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? j) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? k) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-18 FirstCarbon Solutions Approach to Analysis This evaluation focuses on whether the proposed plan would result in changes to the physical environment that would cause or exacerbate adverse effects related to the use, transportation, disposal, accidental release, or emission of hazardous materials. The evaluation also includes a determination of whether the changes to the physical environment caused by the proposed plan would impair or interfere with emergency response plans, or expose people or structures to increased wildfire hazards or dangers from overhead power lines. To evaluate potential construction-related and operational impacts from existing hazardous materials in soils, sediments, groundwater, surface water, and structures, the results of environmental sampling are compared to identified screening levels. The following analysis is based, in part, on information provided by the Pleasant Hill 2003 General Plan, the Civic Project-site-specific ESA (G.2), the Residential Project-site-specific ESA and asbestos and lead- based paint sampling report (G.1), and State of California websites. As discussed above, the plan area is not located within or near a State responsibility area. With respect to a Local Responsibility Area, the closest designated “High” fire hazard zone is located approximately 1.3 miles to the west of the plan area. Because of the plan area’s proximity to a designated “High” fire hazard zone within a Local Responsibility Area, this evaluation focuses on whether the proposed plan would result in changes to the physical environment that would cause or exacerbate adverse effects related to wildfires or whether the proposed plan would be placed in a location susceptible to wildfire or post-wildfire conditions. The evaluation also includes a determination of whether the changes to the physical environment caused by the proposed plan would impair or interfere with emergency response plans, expose people to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire, expose people/structures to downslope flooding or landslides, or include the installation or maintenance of associated infrastructure. The following analysis is based, in part, on information provided by the Pleasant Hill 2003 General Plan, the CAL FIRE website, and correspondence with the CCCFPD. Additional analyses regarding hazards and health risk related to emissions of toxic air contaminants are addressed in Section 3.2, Air Quality. Flooding and inundation hazards, including those related to erosion and mudflow, are addressed in Section 3.8, Hydrology and Water Quality. Traffic-related safety hazards are addressed in Section 3.14, Transportation. Other geotechnical-related safety hazards, such as earthquakes, are addressed in Section 3.5, Geology and Soils. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of hazards and hazardous materials impacts resulting from implementation of the proposed plan. • Routine transport, use, and/or dispose of hazardous materials. • Regular transport of hazardous materials to/from the plan area on an unsuitable road or use of highly volatile hazardous materials. • Location within 0.25 mile of an existing or proposed school in conjunction with hazardous emissions or handle hazardous materials, waste, or substances. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-19 • Location on a hazardous materials sites lists such as the California Environmental Protection Agency (Cal/EPA), State Water Board, California Facility Inventory Database (CA FID) UST and State Water Efficiency and Enhancement Program (SWEEP), HAZNET, DTSC EnviroStor, BAAQMD, and/or the State Water Board GeoTracker regulated facilities databases for files related to possible Recognized Environmental Conditions (RECs). • Location within an airport land use plan or within 2 miles of a public airport and reduction of safety of people working or residing in the area. • Impairing implementation of or interfere with an adopted emergency response plan or emergency evacuation plan via blockage of an evacuation route or provision of only one access point for emergency vehicles. • Placement of housing or offices in a designated wildland fire urban interface zone or proximate to unmanaged open space area that is susceptible to wildfires. • Impaired implementation of or interference with an adopted emergency response plan or emergency evacuation plan via blockage of an evacuation route or provision of only one access point for emergency vehicles. • Location in or near area of steep slopes, high-wind areas, or historical wildfire burn areas leading to greater wildfire risk and, thereby, exposing occupants to smoke and other wildfire- related air pollutants. • Installation or maintenance of roads, fuel breaks, emergency water sources, electrical power lines, or natural gas lines that may exacerbate fire risk. • Location in or near area of wildfire-scarred slopes or altered drainage areas and, thereby, exposing occupants to flooding and landslide hazards. Impact Evaluation Routine Transport, Use, or Disposal of Hazardous Materials Impact HAZ-1: The proposed plan would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Construction Civic Project and Residential Project During construction, implementation of the proposed plan would involve the routine transport, use, and disposal of hazardous materials, such as diesel fuels, aerosols, and paints. However, the duration of these actions would only be temporary and limited to the period of construction of the Civic Project and the Residential Project. Furthermore, the proposed plan would be subject to the Hazardous Materials Transport Act, California Public Resources Code, and other State and local regulations that would reduce and limit the associated risks. As a result, construction impacts related to routine hazardous materials transport, use, and disposal risk would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-20 FirstCarbon Solutions Operation Civic Project During operation of the proposed new park and associated athletic fields, hazardous substances, such as herbicides for landscaping, would be expected to be used and stored on-site. Similar to typical operations at other local City parks, these substances would be used and stored according to all applicable federal, State, regional, and local regulations listed previously. During operation of the proposed library, hazardous building materials, hazardous substances, or hazardous waste, such as herbicides for landscaping, would not be used, stored, or transported in quantities sufficient to create a significant hazard to the public. Because it would comply with all applicable federal, State, regional, and local regulations, the Civic Project would result in a less than significant operational impact with regard to creation of public hazards as a result of the routine transport, use, or dispose of hazardous building materials, hazardous substances, or hazardous waste. Residential Project Hazardous building materials, hazardous substances, or hazardous waste, such as herbicides for landscaping, would not be used, stored, or transported in quantities sufficient to create a significant hazard to the public. Therefore, operational impacts related to routine hazardous materials transport, use, and disposal risk would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Hazardous Materials Upset Risk Impact HAZ-2: The proposed plan could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment. Construction Civic Project As described previously, construction activity would be expected to involve the transport, use, and disposal of hazardous materials, such as diesel fuels, aerosols, and paints. However, the duration of these actions would only be temporary and limited to the period of construction. In addition, the use of these materials would be subject to the Hazardous Materials Transport Act, California Public Resources Code, and other State and local regulations that would limit the use of hazardous materials and reduce the associated risks of exposure. The Phase I ESA completed for 1700 Oak Park Boulevard (Appendix G.1) noted that, at the time of the geotechnical exploration performed by ENGEO in February 2018, discoloration/staining and olfactory evidence of petroleum-impacted material was noted in a soil core retrieved from a soil boring advanced within close proximity of the existing sewer line. The petroleum impact was noted at a depth of approximately 24 feet below the ground surface. No other soil borings advanced across the Property or recovered samples exhibited olfactory evidence of petroleum impact. The potential source of impact may have been derived from a leak in the existing sewer line. The Phase I ESA recommended Phase II ESA sampling, including soil and soil vapor sampling, be performed to City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-21 further define and delineate the extent of subsurface impact. As discussed in the Phase II ESA sampling report prepared by ENGEO, dated December 19, 2018, Phase II ESA sampling was completed to characterize potential subsurface conditions. The Phase II ESA activities included the creation of four test pits and the collection of 15 soil samples along Oak Park Boulevard and Monticello Avenue. The test pits were observed by an environmental professional who confirmed that the pits contained no evidence of debris or staining. Analysis of the soil samples confirmed that all detectable concentrations of lead are below DTSC ESL for residential land use, and are within typical within ambient ESL for soil and groundwater. No further action is required. Residential Project The Phase I ESA completed for 1750 Oak Park Boulevard (Appendix G.1) concluded that due to the age of existing buildings proposed for demolition, there is potential presence of asbestos-containing materials and lead-based paint in the building materials. This represents a potentially significant risk during demolition. This Phase I ESA recommends that the on-site buildings be surveyed for asbestos-containing material and lead-based paint and that all identified materials be removed and disposed of in accordance with state regulations prior to initiation of demolition. Stockton Environmental, Inc. completed an asbestos and lead based paint survey on March 10, 2019 and determined that the existing library contains both asbestos-containing materials and lead-based paint. The Asbestos and Lead Based Paint Sampling Report24 is included in Appendix G.2. With respect to asbestos-containing materials, implementation of Mitigation Measure (MM) HAZ-2a would require the applicant to develop an abatement plan and remove all asbestos-containing materials prior to demolition. With respect to lead-based paint, MM HAZ-2b would require demolition activities to be completed in accordance with California Code of Regulations, Title 17, Division 1, Chapter 8, Article 1, which provides protection for construction workers from lead-based paint. Implementation of MM HAZ-2a and MM HAZ-2b would ensure that any asbestos-containing materials and lead-based paint would be removed by properly licensed abatement contractors and that construction impacts related to hazardous materials upset risk would be reduced to less than significant. Operation Civic Project and Residential Project None of the proposed uses would involve the type or quantity of hazardous materials that could pose a significant environmental accident. In addition, the Household Hazardous Waste Program offers recycling services for diesel fuels, aerosols, and paints and other household hazardous materials for the proposed residences. These services are offered free to the public and at a fee for businesses. Therefore, operational impacts related to hazardous materials upset risk would be less than significant. Level of Significance Before Mitigation Less Than Significant (Civic Project) Potentially Significant (Residential Project) 24 Stock Environmental Inc. (prepared for Environmental Assessment Specialist, Inc.). 2019. Asbestos and Lead Based Paint Sampling Report. March 22. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-22 FirstCarbon Solutions Mitigation Measures MM HAZ-2a Removal of Asbestos-Containing Material Prior to Demolition Residential Project: Prior to the issuance of a demolition permit for the existing library buildings, the project sponsor for the Residential Project shall (1) hire a California Registered Asbestos Abatement Contract to remove all asbestos containing materials, prior to impacting them, and (2) conduct Final Clearance inspections (visual) to document the completion of the resource action. If suspect materials, not discussed in the Asbestos and Lead Based Paint Sampling Report dated March 22, 2019, are discovered during future demolition operations, all general work activities which could impact the discovered suspect asbestos- containing material should cease until confirmation sampling can be conducted. MM HAZ-2b Removal of Lead-Based Paint During Demolition Residential Project: During demolition, the project sponsor for the Residential Project shall complete demolition activities in accordance with California Code of Regulations Title 17, Division 1, Chapter 8, Article 1. All construction work where an employee may be occupationally exposed to lead-containing paint, including demolition, must comply with the OSHA Regulation 29 Code of Federal Regulations 1926.62, and Cal- OSHA Title 8 California Code of Regulations 1523.1. If suspect painted surfaces, not discussed in the Asbestos and Lead Based Paint Sampling Report dated March 22, 2019, are discovered during future demolition operations, all general work activities which could impact the discovered painted surface should cease until confirmation sampling can be conducted. Level of Significance After Mitigation Less Than Significant (Civic Project) Less Than Significant with Mitigation (Residential Project) Hazardous Emissions Proximate to a School Impact HAZ-3: The proposed plan would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. Construction Civic Project and Residential Project The closest school to the plan area is Pleasant Hill Middle School, located on the parcel directly adjacent to the north of the plan area. Specifically, the nearest school building to the plan area is located approximately 550 feet to the north on Monticello Avenue. As discussed under Impact HAZ- 1, the Civic Project and Residential Project would use hazardous materials, such as diesel fuels, aerosols, and paints, during construction. As a result, construction would involve handling hazardous materials within 0.25-mile of a school. However, the duration of these actions would be temporary and would be limited to the period of construction. Furthermore, construction would be City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-23 subject to the Hazardous Materials Transport Act, California Public Resources Code, and other State and local regulations, such as the Household Hazardous Waste Program, that would reduce and limit the associated risks. As a result, construction impacts related to hazardous emissions proximate to a school risk would be less than significant. Operation Civic Project and Residential Project The plan area is located within 0.25 mile of a school. Because the proposed uses (residential, park, and library) do not typically utilize hazardous materials, it is not anticipated that the proposed plan would emit hazardous materials or result in the handling of such materials. In addition, the proposed plan does not include industrial or commercial land uses that typically use or emit hazardous substances and materials. Therefore, operational impacts related to the risk of hazardous emissions proximate to a school would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Government Code Section 65962.5 Sites Impact HAZ-4: The proposed plan would not be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. Construction Civic Project and Residential Project Impacts related to locating buildings within the plan area on a hazardous materials site per Government Code Section 65962.5 are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project and Residential Project A regulatory records review of the Cal/EPA, State Water Board, CA FID UST and SWEEPS, HAZNET, DTSC EnviroStor, BAAQMD, and GeoTracker regulated facilities databases for files related to possible RECs was conducted for the plan area. Based on the findings of the project-specific Phase I ESAs (Appendix G.1 and Appendix G.3), no RECs, no historical RECs, and no controlled RECs were identified for the plan area. Thus, the plan area is not located on any hazardous materials sites compiled pursuant to Government Code Section 65962.5. The proposed plan would not create a hazard to the public or environment during operation, and impacts would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-24 FirstCarbon Solutions Proximity to Airport Safety Hazard Impact HAZ-5: The proposed plan would not be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport and result in a safety hazard for people residing or working the project area. Construction Civic Project and Residential Project Impacts related to exposure of people to safety hazards or excessive noise in proximity to an airport are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project and Residential Project The plan area is not located within an airport land use plan or within 2 miles of a public airport. The closest public airport to the plan area is Buchanan Field, located approximately 3.2 miles to the northwest. Therefore, the proposed plan would not result in any operational impact related to exposure of people to safety hazards or excessive noise in proximity to an airport. Level of Significance No Impact (Civic Project and Residential Project) Emergency Response and Evacuation Impact HAZ-6: The proposed plan would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Construction Civic Project and Residential Project During construction, it is expected that construction equipment and vehicles would be accessing and leaving the plan area, which in turn could potentially impede evacuation or emergency vehicle access. However, as discussed under Impact TRANS-4 in Section 3.14, Transportation, the proposed plan would result in less than significant impacts related to emergency vehicle access. In addition, the proposed plan would comply with the Contra Costa County Emergency Plan, ensuring efficient response to emergency incidents associated with emergencies affecting the City. Finally, MM TRANS-1a requires the preparation of a construction management plan to ensure adequate circulation and access throughout the construction period. Therefore, construction impacts related to emergency response and evacuation would be less than significant. Operation Civic Project and Residential Project The Contra Costa County EOP outlines general procedures in response to emergency crises, such as evacuations. Included in the Contra Costa County EOP is information regarding evacuations and shelter-in-place orders as well as who has the authority to issue these orders. The main arterial roads into and out of the City of Pleasant Hill would be Taylor Road, Gregory Lane, Boyd Road, and Oak Park Boulevard in the east-west direction and Pleasant Hill Road and I-680 in the north-south direction. These roads would act as the main evacuation route into and out of the City. With City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-25 adherence to Pleasant Hill 2003 General Plan policies, the proposed plan would not conflict with the EOP or Pleasant Hill 2003 General Plan safety goals. As indicated in Section 3.10, Public Services, the plan area would be adequately served by police and fire services. The proposed plan would not create a permanent increase in population unaccounted for in the Pleasant Hill 2003 General Plan that could lead to overwhelming call for services. In addition, the Civic Project and Residential Project would be designed in accordance with the City’s standards to accommodate emergency vehicle access by providing two points of access at all buildings. Therefore, operational impacts related to emergency response and evacuation would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Wildland Fires Impact HAZ-7: The proposed plan would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Because of the recent wildfires in California, wildland fire impacts have been analyzed in extreme detail. As described in “Approach to Analysis,” this impact analysis focuses on whether the proposed plan would cause or exacerbate adverse effects related to wildfires or whether the proposed plan would be placed in a location susceptible to wildfire or post-wildfire conditions. As the plan area is located in an urban area, this analysis is included out of an abundance of caution. Construction Civic Project and Residential Project Impacts related to wildland fire hazard risks are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project and Residential Project The plan area is located in the southeast area of the City of Pleasant Hill, and does not contain steep terrain nor is it surrounded by unmanaged open space areas. The closest open space area is located approximately 2.1 miles to the west of the plan area. According to CAL FIRE, the plan area is not located in a Severe or Very High Fire Hazard Severity Zone; the closest “High” fire hazard zone is located approximately 1.3 miles to the west across Taylor Road. The BAAQMD monitors the Bay Area’s air quality at a number of stations, and the closest station to the plan area is located in the City of Concord, approximately 2.24 miles to the east. According to BAAQMD the average wind speed for Concord varies month to month and ranges from 10 to 17 mph.25 Given that the southeast area of the City of Pleasant Hill is not located in steep terrain surrounded by natural vegetation nor does it consistently experience high winds, the plan area would be not be substantially prone to wildfires. 25 Bay Area Air Quality Management District (BAAQMD). Air Monitoring Data. Accessed September 28, 2018. http://www.baaqmd.gov/about-air-quality/current-air-quality/air-monitoring- data?DataViewFormat=yearly&DataView=met&StartDate=12/11/2017&ParameterId=203&StationId=4902 City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-26 FirstCarbon Solutions Furthermore, compliance with applicable State and local plans and regulations would decrease the risk of impacts related to wildland fire hazards. Specifically, Contra Costa County General Plan policies incorporate requirements for fire-safe construction into the land use planning and approval process and ensure special fire protection for high-risk land uses and structures. Contra Costa County also implements the Contra Costa OA EOP, which addresses the response to emergency incidents associated with emergencies affecting Contra Costa County. Furthermore, proposed structures would be required to comply with the California Fire Code with regard to emergency/fire access and types of building materials. Therefore, operational impacts related to wildland fires risk would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Emergency Response/Evacuation Plan Consistency Impact HAZ-8: The proposed plan would not substantially impair an adopted emergency response plan or emergency evacuation plan. Construction Civic Project and Residential Project During construction, it is expected that construction equipment and vehicles would be accessing and leaving the plan area, which in turn could potentially impede evacuation or emergency vehicle access. However, as discussed under Section 3.14, Transportation, the proposed plan would result in less than significant impacts related to emergency vehicle access. In addition, the proposed plan would be in compliance with the Contra Costa County Emergency Plan, ensuring efficient response to emergency incidents associated with emergencies affecting the City of Pleasant Hill. Furthermore, blockage of an evacuation route would not occur during construction because heavy construction equipment would be staged on-site and all delivery trucks would use designated truck routes. Therefore, construction impacts related to emergency response/evacuation plan consistency would be less than significant. Operation Civic Project and Residential Project As indicated in Section 3.11, Public Services, the proposed plan would be adequately served by police and fire services, including respective evacuation or emergency vehicle access. The proposed plan would not create a permanent increase in population unaccounted for in the Pleasant Hill 2003 General Plan that could lead to overwhelming call for emergency services. In addition, structures would be designed in accordance with the City’s standards to accommodate emergency vehicle access by providing two points of access available to emergency vehicles. Furthermore, blockage of an evacuation route would not occur during proposed plan operation because the proposed plan does not propose roadway closures or new infrastructure that would block evacuation routes. With adherence to Pleasant Hill 2003 General Plan policies, the proposed plan would not conflict with the EOP or the Pleasant Hill 2003 General Plan safety goals. Therefore, operational impacts related to emergency response/evacuation plan consistency would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-27 Level of Significance Less Than Significant (Civic Project and Residential Project) Expose Project Occupants to Pollutant Concentrations from Wildfire Impact HAZ-9: Due to slope, prevailing winds, and other factors, the proposed plan would not exacerbate wildfire risks and thereby expose occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire. Construction Civic Project and Residential Project Impacts related to exposure of occupants to pollutants concentrations from a wildfire are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project and Residential Project The plan area is located in the central portion of Contra Costa County and the southeastern area of Pleasant Hill. The area surrounding the plan area consists of urban development, parkland, and creek and trail corridor areas without steep terrain or unmanaged open space areas prone to wildfires. The closest open space area is located approximately 2.1 miles to the west of the plan area. The BAAQMD monitors the Bay Area’s air quality at a number of stations. The closest air quality data monitoring station is located in the City of Concord, approximately 2.24 miles to the east. According to the BAAQMD the average wind speed for Concord varies month to month and ranges from 10 to 17 mph.26 In addition, the plan area has not previously experienced wildfire. Given that the southeast area of the City of Pleasant Hill is not located in or near an area of steep terrain or historical wildfire burn nor experiences consistent high winds, the plan area would not be prone to wildfire risks. According to CAL FIRE, the plan area is not located in a Severe or Very High Fire Hazard Severity Zone. The closest “High” fire hazard zone is located approximately 1.3 miles to the west across Taylor Road. In addition, as indicated in Section 3.11, Public Services, the proposed plan would be adequately served in terms of fire protection services by CCCFPD. The CCCFPD was contacted in order to receive their input on wildfire risks associated with the proposed plan. Tracie Dutter, Fire Prevention Captain, at the CCCFPD27 determined that the proposed plan would not be exposed to any wildfire risks. Furthermore, proposed structures would be required to comply with the California Fire Code with regard to emergency/fire access and use of building materials that would limit the spread of wildfire to the greatest extent possible. Therefore, impacts related to exposure of occupants to pollutant concentrations from a wildfire or uncontrolled spread of wildfire would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 26 Bay Area Air Quality Management District (BAAQMD). Air Monitoring Data. Accessed September 28, 2018. http://www.baaqmd.gov/about-air-quality/current-air-quality/air-monitoring- data?DataViewFormat=yearly&DataView=met&StartDate=12/11/2017&ParameterId=203&StationId=4902 27 Tracie Dutter. Contra Costa County Fire Protection District, Fire Prevention Captain. Personal communication: email. February 8, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-28 FirstCarbon Solutions Infrastructure That Exacerbates Wildfire Risk Impact HAZ-10: The proposed plan would not require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Construction Civic Project and Residential Project Impacts related to installation or maintenance of infrastructure (such as roads, fuel breaks, emergency water sources, electrical power lines or natural gas lines) that may exacerbate fire risk are limited to operational impacts. No respective construction impacts related to infrastructure that exacerbates fire risk would occur. Operation Civic Project and Residential Project The proposed plan would include adequate emergency access via existing roads at two access points. The proposed plan would not require the installation of firebreaks, because it is in an urban area surrounded by existing development with little natural vegetation. The proposed plan would not require emergency water sources, because potable water is currently provided by the Contra Costa Water District, which has adequate water supplies available to serve development associated with the proposed plan and future development during normal, dry, and multiple dry years (see Section 3.15, Utilities and Service Systems). New electrical power and natural gas lines on and connecting to the plan area would be installed below ground and existing overhead electrical power lines along Monticello Avenue and Oak Park Boulevard would be undergrounded, minimizing potential ignition and related fire risk above ground within the plan area in accordance with all applicable federal, State, and local regulations including the California Building Code and City Municipal Code. Therefore, impacts related to infrastructure that exacerbates fire risk would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Flooding and Landslide Hazards Due To Post-fire Slope Instability/Drainage Changes Impact HAZ-11: The proposed plan would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Construction Residential Project Impacts related to post-fire slope instability are limited to operational impacts. No respective construction impacts related to flooding and landslide hazards due to post-fire slope instability or drainage changes would occur with construction of the Residential Project. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-29 Civic Project Impacts related to post-fire slope instability are limited to operational impacts. No respective construction impacts related to flooding and landslide hazards due to post-fire slope instability or drainage changes would occur. Refer to Impact HYD-3 in Section 3.8, Hydrology and Water Quality, for discussion of flooding due to proposed changes in drainage conditions. Operation Civic Project and Residential Project The plan area is not located on or near steep slopes susceptible to landslides or downstream flooding. The plan area has also not been affected by previous wildfires that could have resulted in drainage changes or loss of vegetation. In addition, correspondence with the CCCFPD confirmed that the proposed plan would not expose people or structures to significant risks due to post-fire slope instability or drainage changes.28 Therefore, impacts related to flooding and landslide hazards due to post-fire slope instability or drainage changes would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 3.7.5 - Cumulative Impacts The geographic scope of the cumulative hazards and hazardous materials cumulative analysis is the vicinity of the plan area or roughly the southeast area of Pleasant Hill. The cumulative projects included in this analysis are those listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, as well as the proposed plan. Hazardous Materials Exposure Risk In general, exposure to hazardous materials may cause localized adverse effects. A combination of federal, State, and local regulations limit or minimize the potential for exposure to hazardous materials. Developments listed in Table 3-1 consists predominantly of commercial educational, and residential developments. The types and sizes of development anticipated in the City of Pleasant Hill would not involve large quantities of hazardous materials or activities that transport or handle hazardous materials. In addition, there are no land uses in the vicinity of the plan area that are known to utilize large quantities of hazardous materials or involve hazardous activities. However, development of projects listed in Table 3-1 may include demolition of structures that have the potential to contain hazardous building materials. Building materials may contain asbestos and lead-based paint. To address potential release of hazardous materials, the City would require applicants to assess structures and impose standard mitigation (required testing, removal, and proper disposal) to minimize release prior to any demolition. As such, there would be a less than significant cumulative impact associated with hazardous materials exposure risk. 28 Contra Costa County Fire Protection District (CCCFPD). 2019. Email Correspondence with Todd Schiess, Fire Inspector I. January 4, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Hazards and Hazardous Materials Draft EIR 3.7-30 FirstCarbon Solutions Hazards and Emergency Response The City of Pleasant Hill contains main arterial streets that would act as the most likely routes out of the City and provide access to I-680. The areas surrounding the plan area are characterized by urban development, which is not immediately adjacent to any wildlands. The cumulative projects, listed in Table 3-1, would result in predominantly in-fill development. Planned uses are contemplated in the Pleasant Hill 2003 General Plan and would not significantly increase emergency services, including wildfires. Furthermore, all construction would adhere to the City Building Codes that are designed to minimize the potential for uncontrolled fires. Once development is proposed, the City assesses the needs for fire protection services and informs efforts to improve or expand needed facilities. As listed in Table 3-1, near-term development in the City would result in predominantly commercial, educational, and residential development. These types of development would increase population, including employees. The Pleasant Hill 2003 General Plan EIR acknowledges that future development in the southeast area of Pleasant Hill would result in increased population and would alter the existing street network. However, all development would comply with emergency access requirements as a condition of construction. Furthermore, the Pleasant Hill 2003 General Plan would not result in permanent road closures, not impede an established emergency access route, nor interfere with emergency response requirements. As such, there would be a less than significant cumulative impact associated with wildfire hazards and emergency response. Wildfire Hazards and Emergency/Evacuation Response A combination of federal, State, and local regulations limit or minimize the potential for exposure to wildfires by reducing the amount of development in wildland urban interface areas, ensuring new development is developed according to California Building Code and Uniform Fire Code, and incorporating requirements for fire-safe construction into the land use planning. Development listed in Table 3-1 consists predominantly commercial, educational, and residential development. The types and sizes of development anticipated in Table 3-1 would not be located in designated and High or Very High Fire Hazard Zones. In addition, all projects in Table 3-1 would be located in areas that are already developed, do not contain significant levels of dry fuel susceptible to ignition, or significantly high average wind speed. The cumulative projects, listed in Table 3-1, would result in predominantly in-fill development and would not significantly increase emergency services beyond the existing service area. Furthermore, all cumulative project construction would adhere to the City Building Codes that are designed to minimize the potential for uncontrolled fires. Adherence to City Building Codes would ensure that California Fire Code standards such as automatic sprinkler systems are included in development. In addition, as part of project approval for the cumulative projects, the City assesses the need for fire protection services, which informs efforts to improve or expand needed facilities. In addition, all development would comply with emergency access requirements, such as two emergency vehicle access points, as a condition of construction. Furthermore, the cumulative projects would not result in permanent road closures, nor impede an established emergency or evacuation access route, such City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hazards, Hazardous Materials, and Wildfire FirstCarbon Solutions 3.7-31 as I-680, or interfere with emergency response requirements, such as fire protection response time standards established by the Pleasant Hill 2003 General Plan. As such, there would be a less than significant cumulative impact associated with wildfire hazards and emergency/evacuation response. Overall With the implementation of the policy provisions and regulatory requirements, the proposed plan, in conjunction with cumulative projects, would not substantially contribute to a cumulatively considerable impact. The City would require development to mitigate potential impacts, which may include standard mitigation measures that would help ensure the safe transport, storage, use, and disposal of hazardous materials and wastes. Therefore, the proposed plan would not make a cumulatively considerable contribution to a cumulative impact. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-1 3.8 - Hydrology and Water Quality 3.8.1 - Introduction This section describes the existing hydrology and water quality setting in the region and Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to hydrology and water quality that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on the Pleasant Hill 2003 General Plan, Pleasant Hill 2003 General Plan Environmental Impact Report (EIR), and project-specific Final Floodplain Evaluation Report, (see Appendix H).1,2 The following comments were received during the EIR scoping period related to hydrology and water quality: • Requests project-level details and design to control stormwater runoff; • Requests project-level details and design features that address flood risks; • Requests plan for control of water pollution attributed to runoff from construction and operational activities that may impact Grayson Creek; • East Bay Municipal Utilities District (EBMUD) requests procedure 710 is followed: site assessment for drainage grading, fencing, construction access; • Requests project developer construct on-site public main sewers and private laterals; and • Requests building plans for review and to pay fees at time of plan submission. 3.8.2 - Environmental Setting Surface Hydrology, Flooding and Inundation Walnut Creek Watershed The Contra Costa Clean Water Program (CCCWP) designates watersheds in Contra Costa County. According to the CCCWP, the plan area is located within the Walnut Creek Watershed, which is composed of the following sub-watersheds: Grayson-Murderers, Concord, Pine-Galindo, San Ramon, and Las Trampas. The overarching Walnut Creek Watershed and its tributaries encompass 93,556 acres in Central Contra Costa County. All tributaries within the Walnut Creek Watershed eventually drain into Suisun Bay and ultimately to the Pacific Ocean. As seen in the Pleasant Hill 2003 General Plan, Hills, Creeks, and Neighborhoods map, the east fork of Grayson Creek and Murderers Creek are tributaries of Grayson Creek,3 which is located approximately 1.8 miles to the north of the plan area. The Federal Emergency Management Agency (FEMA) National Flood Hazard Layer (NFHL) is a geospatial database that contains current effective flood hazard data. The NFHL shows three flood zones in the vicinity of the plan area (Exhibit 3.8-1): Zone AE, Zone X (shaded), and Zone X (unshaded). Zone AE represents a Special Flood Hazard Area (SFHA) subject to 1 WRECO (prepared for the City of Pleasant Hill). Final Floodplain Evaluation Report. December 2018. 2 Note that the Final Floodplain Evaluation Report prepared by WRECO for the City of Pleasant Hill in January 2019 was peer reviewed by Balance Hydrologics, Inc. on February 22, 2019. 3 City of Pleasant Hill. Pleasant Hill 2003 General Plan, Community Development at page 14. City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-2 FirstCarbon Solutions flooding by the 100-year (base) flood event determined by detailed methods where Base Flood Elevations are shown. Zone X (shaded) represents moderate flood hazard areas that are between the limits of the 100-year flood and the 500-year flood. Zone X (unshaded) represents areas of minimal flood hazard—these areas are outside the SFHA and higher than the elevation of the 500-year flood. Plan Area The plan area is located within the Grayson-Murderers Sub-watershed, which is 11,021 acres in size and encompasses most of the City of Pleasant Hill, the western area of Walnut Creek, and the eastern portion of Briones Regional Park.4 The main tributaries of the Grayson-Murderers Creek Sub-watershed are Grayson Creek, the east fork of which is located adjacent to the plan area, and Murderers Creek, located approximately 1,600 feet to the west of the plan area. Portions of the plan area are located in SFHA Zone AE, which represents areas subject to flooding by the 100-year storm event (Exhibit 3.8-2). Under existing conditions, overflow from Murderer’s Creek during the 100-year storm event escapes the Murderer’s Creek drainage system, flows parallel to Oak Park Boulevard and enters the floodplains of the upper east fork of Grayson Creek. Murderer’s Creek overflow flows from the west in an east-northeast direction from Oak Park Boulevard. A portion of this overland flow diverges from Oak Park Boulevard, ponding in the parking lot of the existing library site before overflowing onto Monticello Avenue and continuing east-northeastward over the proposed library site. The overbank flood flow from Grayson Creek generally flows from south to north at the plan area.5 Surface Water Quality City of Pleasant Hill The City of Pleasant Hill is located within the Suisun Basin under the jurisdiction of the San Francisco Bay Regional Water Quality Control Board (RWQCB). The San Francisco Bay Basin (Region 2) Water Quality Control Plan (Basin Plan) outlines the beneficial water uses that the State Water Resources Control Board (State Water Board) will protect, water quality objectives, and strategies for achieving these objectives. Plan Area All properties in the plan area are located within the Suisun Basin under the jurisdiction of the San Francisco Bay RWQCB. The east fork of Grayson Creek is located along the eastern boundary of the plan area and drains northward into Grayson Creek and onward to Suisun Bay. Groundwater Basin Hydrology City of Pleasant Hill The Ygnacio Valley Groundwater Basin is in northern Contra Costa County. The basin surface area is approximately 15,900 acres bounded by Suisun Bay to the north, Interstate 680 to the west, the 4 Contra Costa Clean Water Program (CCCWP). “Watersheds in Contra Costa County.” Website: https://www.cccleanwater.org/watersheds/watersheds-in-contra-costa-county. Accessed November 8, 2018. 5 WRECO. Floodplain Evaluation Report, page 6. January 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-3 Concord Fault to the east, and the City of Walnut Creek to the south.6 Walnut Creek and Grayson Creek flow through the basin before draining into Pacheco Creek and then into the Suisun Bay. The Ygnacio Valley Groundwater Basin underlies the cities of Pleasant Hill and Walnut Creek.7 The Ygnacio Valley Basin occupies a structural depression between the Berkeley Hills and the Mount Diablo Range. Thick alluvial deposits that cover a faulted and folded complex of consolidate Cretaceous and Tertiary rocks underlie the basin. The water-bearing units in the basin are Quaternary Alluvium and Alluvial valley fill deposits. Aquifers in the basin area are hydrologically connected to the Sacramento River.8 Plan Area Groundwater exists at depths between 2.1 feet and 19 feet below the plan area.9 Groundwater Water Quality The City of Pleasant Hill is located within the Ygnacio Valley Groundwater Basin. According to California Department of Water Resources (DWR) Bulletin 118: Ygnacio Valley Groundwater Basin, no published groundwater quality data is available for the basin.10 Stormwater Runoff City of Pleasant Hill The San Francisco Bay RWQCB administers the National Pollution Discharge Elimination System (NPDES) stormwater permitting program and regulates stormwater in the San Francisco Bay region. The City of Pleasant Hill is a permittee under the Phase II NPDES Municipal Stormwater Permit. The Pleasant Hill Clean Water Program implements the City of Pleasant Hill-specific components of the CCCWP. In addition, the City maintains storm drain pipes and catch basins. Plan Area Civic Project The Civic Project site was developed but is currently vacant. Gutters and several stormwater drains extend along Monticello Avenue and Oak Park Boulevard that collect stormwater from the Civic Project site and adjacent single-family homes to the west. The Civic Project site contains one 8”outfall, a 36” outfall, and an 8” abandoned storm drain. Stormwater sheet flows eastward across the site and drains into Grayson Creek. Exhibit 3.8-3 shows that the site is composed of pervious and impervious surfaces. The Civic Project site includes 9.54 acres of pervious surface and 2.09 acres of impervious surface. 6 Contra Costa County. California Groundwater Bulletin 118. Website: https://www.contracosta.ca.gov/DocumentCenter/View/34130/CDWR-2004_Ygnacio-Valley-Bulletin-118. Accessed November 8, 2018. 7 California Department of Water Resources (DWR). Website: https://sgma.water.ca.gov/portal/gsa/print/259. 8 Ibid. 9 ENGEO. 2018. Geotechnical Exploration. 10 California Department of Water Resources (DWR). California’s Groundwater Bulletin 118. Ygnacio Valley Groundwater Basin. City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-4 FirstCarbon Solutions Residential Project The Residential Project site contains curbs and street level gutters that convey stormwater off-site and eventually into the City’s storm drain network on Monticello Avenue and Oak Park Boulevard. Exhibit 3.8-3 shows that the Residential Project site is composed of pervious and impervious surfaces. The Residential Project site is comprised of 1.30 acres of pervious surface and 3.74 acres of impervious surface.11 Dams and Levees Contra Costa County The DWR, Division of Safety of Dams, regulates dam safety. All large reservoirs in Contra Costa County have been investigated and many have been strengthened. Further, the Office of Emergency Services has produced inundation maps and emergency plans covering various scenarios of dam failure in Contra Costa County. City of Pleasant Hill The City of Pleasant Hill is not located within the inundation area of any dams. According to the Contra Costa Hazard Mitigation Plan (CCHMP), dam failure events are infrequent and usually coincide with other natural disasters such as earthquakes. Plan Area Map 10-1 in the CCHMP does not identify the plan area within a dam failure inundation zone.12 3.8.3 - Regulatory Framework Federal Clean Water Act The United States Army Corp of Engineers (USACE) regulates discharge of dredge or fill material into waters of the United States under Section 404 of the Clean Water Act (CWA). “Discharges of fill material” is defined as the addition of fill material into waters of the United States, including, but not limited to the following: placement of fill that is necessary for the construction of any structure, or impoundment requiring rock, sand, dirt, or other material for its construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; fill for intake and outfall pipes and subaqueous utility lines (33 CFR § 328.2(f)). In addition, Section 401 of the CWA (33 United States Code [USC] 1341) requires any applicant for a federal license or permit to conduct any activity that may result in a discharge of a pollutant into waters of the United States to obtain a certification that the discharge will comply with the applicable state water quality standards. 11 Keith Palmer, BKF Engineers, 2019. 12 Contra Costa County. Hazard Mitigation Plan Update, May 2011, page 109. Plan Area Limits 42820009 • 08/2019 | 3.8-1_FEMA_special_flood_haz_areas.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.8-1 FEMA Special Flood Hazard Areas Source: WRECO, 2019. THIS PAGE INTENTIONALLY LEFT BLANK Plan Area Limits 42820009 • 08/2019 | 3.8-2_existing_100yr_500yr_floodplains.cdr Exhibit 3.8-2 Existing 100-year and 500-year Floodplains CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: WRECO, 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.8-3_existing_perv ious_imperv ious_surfaces.mxd Exhibit 3.8-3Existing Pervious Versus Impervious Surfaces Source: Google Earth Pro CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 200 0 200100 Feet Legend Plan Area 16.60 acres Imperv ious 5.83 acres Perv ious 10.84 acres THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-11 The federal government also supports a policy of minimizing the destruction, loss, or degradation of wetlands. Executive Order 11990 (May 24, 1977) requires that each federal agency take action to minimize the destruction, loss, or degradation of wetlands and to preserve and enhance the natural and beneficial values of wetlands. The USACE regulates the discharge of dredged or fill material, including but not limited to grading, placing of rip-rap for erosion control, pouring concrete, laying sod, and stockpiling excavated material. Activities that generally do not involve a regulated discharge, if performed specifically in a manner to avoid discharges, include driving pilings, drainage channel maintenance, temporary mining and farm/forest roads, and excavating without stockpiling. In California, the term “waters of the United States,” indicates resources that are subject to jurisdiction of the CWA as defined by the 2015 Clean Water Rule:13 (1) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (2) All interstate waters, including interstate wetlands; (3) The territorial seas; (4) All impoundments of waters otherwise identified as waters of the United States under this section; (5) All tributaries, of waters identified in paragraphs (1) through (3) of this section; (6) All waters adjacent to a water identified in paragraphs (1) through (5) of this section, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters; (7) Western vernal pools, where they are determined, on a case-specific basis, to have a significant nexus to a water identified in paragraphs (1) through (3). Vernal pool identified in this paragraph shall not be combined with waters identified in paragraph (6) when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (6), they are an adjacent water and no case-specific significant nexus analysis is required. Wetlands are a subset of waters of the United States and receive protection under Section 404 of the CWA. The federal definition of wetlands is the following: Wetlands are areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The Section 404(b)(1) Guidelines regarding the implantation of Section 404 of the CWA mandate that filling wetlands be avoided unless it can be demonstrated that the project is the least 13 United States Environmental Protection Agency (EPA) and United States Army Corps of Engineers (USACE). Clean Water Rule: Definition of “Waters of the United States,” 80 Federal Regulation 37053 (June 29, 2015). City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-12 FirstCarbon Solutions environmentally damaging practicable alternative.14 The USACE has primary federal responsibility for administering regulations that concern waters and wetlands. Section 303—Water Quality Standards and Total Maximum Daily Loads Section 303(c)(2)(b) of the CWA requires states to adopt water quality standards for all surface waters of the United States based on the water body’s designated beneficial use. Where multiple uses exist, water quality standards must protect the most sensitive use. Water quality standards are typically numeric, although narrative criteria based on biomonitoring methods may be employed where numerical standards cannot be established or where they are needed to supplement numerical standards. CWA Section 303(d) requires States and authorized Native American tribes to develop a list of water quality impaired segments of waterways. The list includes waters that do not meet water quality standards necessary to support a waterway’s beneficial uses even after the minimum required levels of pollution control technology have been installed. Listed water bodies are to be priority ranked for development of a Total Maximum Daily Load (TMDL). A TMDL is a calculation of the total maximum daily load (amount) of a pollutant that a water body can receive on a daily basis and still safely meet water quality standards. The TMDLs include waste load allocations for urban stormwater runoff as well as municipal and industrial wastewater discharges, with allocations apportioned for individual Municipal Separate Storm Sewer Systems (MS4s) and wastewater treatment plants, including/not including those in Contra Costa County. For stormwater, load reductions would be required to meet the TMDL waste load allocations within the 20 years required by the TMDLs. The EPA, State Water Board, and RWQCBs are responsible for establishing TMDL waste load allocations and incorporating approved TMDLs into water quality control plans, NPDES permits, and Waste Discharge Requirements (WDRs) in accordance with a specified schedule for completion. The San Francisco Bay RWQCB adopted TMDLs that apply to the City of Pleasant Hill. Section 401—Water Quality Certification Section 401 of the CWA requires compliance with State water quality standards for actions within State waters. Under CWA Section 401, an applicant for a Section 404 permit (to discharge dredged or fill material into waters of the United States) must first obtain a certification from the appropriate agency stating that the discharge is consistent with the State’s water quality standards and criteria. In California, the State Water Board delegates authority to either grant water quality certification or waive the requirements to the nine RWQCBs. The plan area is located within the San Francisco Bay RWQCB’s jurisdiction. Section 402—National Pollution Discharge Elimination System Permit The RWQCBs administer the NPDES stormwater permitting program, under Section 402(d) of the federal CWA, on behalf of the EPA. The objective of the NPDES program is to control and reduce levels of pollutants in water bodies from discharges of municipal and industrial wastewater and stormwater runoff. CWA Section 402(d) establishes a framework for regulating nonpoint-source stormwater discharges (33 USC 1251). Under the CWA, discharges of pollutants to receiving water 14 For project permits issued under the CWA pursuant to a nationwide permit, the analysis of the least environmentally damaging practicable alternative has already been completed by the federal government. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-13 are prohibited unless the discharge complies with an NPDES permit. The NPDES permit specifies discharge prohibitions, effluent limitations, and other provisions, such as monitoring deemed necessary to protect water quality based on criteria specified in the National Toxics Rule, the California Toxics Rule, and the basin plan. Section 404—Discharge of Dredge and Fill of Waters of the United States Permit Section 404 of the CWA regulates temporary and permanent fill and disturbance of wetlands and waters of the United States. Under Section 404, the discharge (temporary or permanent) of dredged or fill material into waters of the United States, including wetlands, typically must be authorized by the USACE through either the Nationwide Permit (general categories of discharges with minimal effects) or an Individual Section 404 Permit. National Flood Insurance Program FEMA oversees floodplains and administers the National Flood Insurance Program (NFIP) adopted under the National Flood Insurance Act of 1968. This program makes federally subsidized flood insurance available to property owners within communities who participate in the program. FEMA identifies areas of special flood hazard (those subject to inundation by a 100-year flood) through regulatory flood maps titled Flood Insurance Rate Maps (FIRMs). The NFIP mandates that development cannot occur within a special flood hazard area (typically the 100-year floodplain) if that development results in more than a 1-foot increase in flood elevation. In addition, development is not allowed in delineated floodways within the regulatory floodplain. National Pollutant Discharge Elimination Program Pursuant to Section 402 of the CWA and the Porter-Cologne Water Quality Control Act, municipal stormwater discharges in the City of Pleasant Hill are regulated under the San Francisco Bay Region Municipal Regional Stormwater Issuing Waste Discharge Requirements and NPDES Permit, Order No. R2-2015-0049, NPDES Permit No. CAS612008, adopted October 14, 2009, and revised November 19, 2015. The City of Pleasant Hill is a member agency of the CCCWP, which assists municipalities and other agencies in Contra Costa County with implementation of the NPDES Permit. NPDES Provision C.3 addresses post-construction stormwater management requirements for new development and redevelopment projects that add and/or replace 10,000 square feet or more of impervious area. Provision C.3 requires the incorporation of site design, source control, and stormwater treatment measures into development projects in order to minimize the discharge of pollutants in stormwater runoff and non-stormwater discharges and to prevent increases in runoff flows. Low Impact Development (LID) methods are to be the primary mechanism for implementing such controls. NPDES Provision C.3(g) pertains to hydromodification management requirements. This NPDES Permit provision requires five Control Design Criteria to be implemented: range of flows to control, goodness of fit criteria, allowable low flow rate, standard hydromodification modeling, and alternate hydromodification modeling and design. As noted above, projects disturbing more than 1 acre of land during construction are required to comply with the NPDES Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009-0009-DWQ, NPDES City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-14 FirstCarbon Solutions No. CAS000002 (Construction General Permit). The RWQCB regulates Construction General Permit activities at a local level. To obtain coverage under the Construction General Permit, a project applicant must provide a Notice of Intent, a Storm Water Pollution Prevention Plan (SWPPP), and other documents required by Attachment B of the Construction General Permit. Activities subject to the Construction General Permit include clearing, grading, and disturbances to the ground, such as grubbing or excavation. This permit also covers linear underground and overhead projects such as pipeline installations. The Construction General Permit uses a risk-based permitting approach and mandates certain requirements based on the project risk level (Level 1, Level 2, or Level 3). The project risk level is based on the risk of sediment discharge and the receiving water risk. The sediment discharge risk depends on project location and timing (such as wet season versus dry season activities). The receiving water risk depends on whether the project would discharge to sediment-sensitive receiving water. The determination of the project risk level would be made by project applicants when the Notice of Intent is filed (and more details of the ultimate timing of the construction activity are confirmed). The performance standard in the Construction General Permit is that dischargers minimize or prevent pollutants in stormwater discharges and authorized non-stormwater discharges through the use of controls, structures, and Best Management Practices (BMPs). A SWPPP must be prepared by a qualified SWPPP developer that meets the certification requirements in the Construction General Permit. The purpose of the SWPPP is (1) to help identify the sources of sediment and other pollutants that could affect the quality of stormwater discharges, and (2) to describe and ensure the implementation of BMPs to reduce or eliminate sediment and other pollutants in stormwater as well as non-stormwater discharges resulting from construction activity. Operation of BMPs must be overseen by a qualified SWPPP practitioner who meets the requirements outlined in the permit. National Toxics Rule and California Toxics Rule In 1992, the EPA promulgated the National Toxics Rule under the CWA to establish numeric criteria for priority toxic pollutants for 14 states to bring all states into compliance with the requirements of CWA Section 303(c)(2)(B). The National Toxics Rule established water quality standards for 42 pollutants not covered under California’s statewide water quality regulations at that time. As a result of the court-ordered revocation of California’s Statewide basin plans in September 1994, the EPA initiated efforts to promulgate additional federal water quality standards for California. In May 2000, the EPA issued the California Toxics Rule, which includes all the priority pollutants for which the EPA has issued numeric criteria not included in the National Toxics Rule. Executive Order 11988 Executive Order 11988, “Floodplain Management,” directs all federal agencies to avoid, to the extent possible, long- and short-term adverse impacts of occupancy and modification of floodplains, and to avoid supporting development in a floodplain either directly or indirectly wherever there is a practicable alternative. Title 23 of the Code of Federal Regulations 650, Subpart A, “Location and Hydraulic Design of Encroachment on Floodplains” specifies applicable floodplain regulations. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-15 FEMA also administers the NFIP, a federal program that enables property owners in participating communities to purchase insurance as protection against flood losses in exchange for state and community floodplain management regulations that reduce future flood damages. State Porter-Cologne Water Quality Control Act Section 13260(a) of the Porter-Cologne Water Quality Control Act (contained in the California Water Code) requires any person discharging waste or proposing to discharge waste, other than to a community sewer system, within any region that could affect the quality of the waters of the State (all surface and subsurface waters) to file a report of waste discharge. The discharge of dredged or fill material may constitute a discharge of waste that could affect the quality of waters of the State. The waterway within the plan area is likely considered waters of the State, which are protected under this Act. Historically, California relied on its authority under Section 401 of the CWA to regulate discharges of dredged or fill material to waters of the United States. That section requires an applicant to obtain “water quality certification” from the State Water Board through its RWQCBs to ensure compliance with State water quality standards before certain federal licenses or permits may be issued. The permits subject to Section 401 include permits for the discharge of dredged or fill materials (CWA § 404 permits) issued by the USACE. The RWQCB’s typically waived waste discharge requirements under the Porter-Cologne Water Quality Control Act for projects or plans that also required Section 401 certification. Following the U.S. Supreme Court’s decision Rapanos v. United States, 547 U.S. 715 (2006) which limited the jurisdiction of wetlands under the CWA, the RWQCB’s now generally rely on the report of waste discharge process to regulate discharges into waters of the State. California Code of Regulations (Wetlands and Waters Definition) The State Water Board indicates that no single accepted definition of wetlands exists at the State level, and that the RWQCBs may have different requirements and levels of analysis with regard to the issuance of water quality certifications. Generally, an area is a wetland if, under normal circumstances: (1) the area has continuous or recurrent saturation of the upper substrate caused by groundwater, or shallow surface water, or both; (2) the duration of such saturation is sufficient to cause anaerobic conditions in the upper substrate; and (3) the area’s vegetation is dominated by hydrophytes or the area lacks vegetation. Under California State law, waters of the State means “any surface water or groundwater, including saline waters, within the boundaries of the state.” As such, water quality laws apply to both surface water and groundwater. After the U.S. Supreme Court decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (53 USC 159), the Office of Chief Counsel of the State Water Board released a legal memorandum confirming the State’s jurisdiction over isolated wetlands. The memorandum stated that under the California Porter-Cologne Water Quality Control City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-16 FirstCarbon Solutions Act (Porter-Cologne), discharges to wetlands and other waters of the State are subject to State regulation, and this includes isolated wetlands. In general, the State Water Board regulates discharges to isolated waters in much the same way as it does for waters of the United States, using Porter-Cologne rather than CWA authority. Industrial General Stormwater Permit The Statewide Stormwater NPDES permit for general industrial activity (Order 2014-0057-DWQ, superseding Order 97-03-DWQ) regulates discharges associated with 10 broad categories of industrial activities, such as operation of wastewater treatment works, and with recycling facilities. The industrial general permit requires the implementation of Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology to achieve performance standards. The permit also requires development of a SWPPP that identifies the site-specific sources of pollutants and describes the measures at the facility applied to reduce stormwater pollution. A monitoring plan is also required. NPDES Stormwater Permit In November 1990, the EPA published regulations establishing NPDES permit requirements for municipal and industrial stormwater discharges. Phase I of the permitting program applied to municipal discharges of stormwater in urban areas where the population exceeded 100,000 persons. Phase II of the NPDES stormwater permit regulations, which became effective in March 2003, required that NPDES permits be issued for construction activity for projects disturbing 1–5 acres. Phase II of the municipal permit system (known as the NPDES General Permit for Small MS4s, Order No. 2003-0005- DWQ as amended by 2013-0001-DWQ) required small municipalities of fewer than 100,000 persons to develop stormwater management programs. This permit authorizes discharges of stormwater and some categories of non-stormwater that are not “significant contributors of pollutants.” Provision C.3 in the Municipal Regional Permit requires site designs for new developments and redevelopments to minimize the area of new roofs and paving and treat runoff, and in some cases, control the rates and durations of site runoff. Where feasible, pervious surfaces should be used instead of paving so that runoff can infiltrate to the underlying soil. Runoff should be dispersed to landscaping where possible. Remaining runoff from impervious areas must be treated using bioretention. In some developments, the rates and durations of site runoff must also be controlled. The C.3 requirements are separate from, and in addition to, requirements for erosion and sediment control and for pollution prevention measures during construction. In addition, project applicants must execute agreements to allow municipalities to verify that stormwater treatment and flow- control facilities that are approved as part of new development are maintained in perpetuity. California Toxics Rule and State Implementation Policy The California Toxics Rule, presented in 2000 in response to requirements of EPA’s National Toxics Rule, establishes numeric water quality criteria for approximately 130 priority pollutant trace metals and organic compounds. The California Toxics Rule criteria are regulatory criteria adopted for inland surface waters, enclosed bays, and estuaries in California that are on the CWA Section 303(c) list for contaminants. The California Toxics Rule includes criteria for the protection of aquatic life and City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-17 human health. Human health criteria (water- and organism-based) apply to all waters with a Municipal and Domestic Water Supply beneficial use designation as indicated in the basin plans. The Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California, also known as the State Implementation Policy, was adopted by the State Water Board in 2000. It establishes provisions for translating the California Toxics Rule criteria, National Toxics Rule criteria, and basin plan water quality objectives for toxic pollutants into: • NPDES permit effluent limits; • Effluent compliance determinations; • Monitoring for 2,3,7,8-tcdd (dioxin) and its toxic equivalents; • Chronic (long-term) toxicity control provisions; • Site-specific water quality objectives; and • Granting of effluent compliance exceptions. The goal of the State Implementation Plan is to establish a standardized approach for permitting discharges of toxic effluent to inland surface waters, enclosed bays, and estuaries throughout the State. Regional San Francisco Bay Regional Water Quality Control Plan The San Francisco Bay RWQCB implements the Basin Plan, a master policy document for managing water quality in the region. The Basin Plan establishes beneficial water uses for waterways and water bodies within the region. The San Francisco Bay RWQCB has jurisdiction over the City of Pleasant Hill. Individual RWQCBs function as the lead agencies responsible for identifying, monitoring, and cleaning up leaking underground storage tanks (USTs). Storage of hazardous materials in USTs is regulated by the State Water Board, which oversees all nine of the RWQCBs. Contra Costa Clean Water Program The CCCWP is within the jurisdiction of the San Francisco Bay RWQCB and Central Valley RWQCB. The CCCWP works to protect local creeks, reservoirs, watersheds, and San Francisco Bay from contamination and pollution required by federal and State clean water regulations. Local Pleasant Hill 2003 General Plan Safety and Noise Element The Pleasant Hill 2003 General Plan establishes goals and implementing policies associated with hydrology and water quality that are relevant to this analysis as follows: • Goal 1: Minimize potential for serious flooding and drainage problems. • Policy 1A: Maintain and upgrade the city drainage system. • Policy 1B: Reduce flood damage potential in areas known to be prone to flooding. • Policy 1C: Maintain and improve the ability of the Fire District and the Police, Maintenance and Engineering Departments to respond to flood emergencies. City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-18 FirstCarbon Solutions • Program 1.1: Continue to clear drainage systems regularly (inlets, culverts, swales, creeks, and channels), both public and private, to remove debris buildup that can exacerbate flooding impacts. • Program 1.2: Develop and adopt a City Master Drainage Plan • Program 1.3: Install and maintain drainage system improvements as scheduled in the CIP. • Program 1.4: Use part of the former Oak Park Elementary School property or other sites south of Gregory Lane, where feasible, for flood detention, or allow uses that include flood detention features. • Program 1.5: Enforce federal regulations that control placement of structures in floodplains, and maintain appropriate standards for development in flood-prone and poorly drained areas. • Program 1.6: Require mitigation for any development that could create or significantly worsen flood or drainage problems. • Program 1.7: Adopt a no-net-fill policy or limit on impervious surface as a percentage of lot size and require new development to not have any increase in stormwater runoff. • Program 1.8: Augment existing Geographic Information System and other data regarding low- lying areas with information obtained during storms • Program 1.9: Develop a prioritized list of proposed capital improvement projects for low-lying, flood-prone areas, and seek funding for those projects. • Program 1.10: Adopt standards regulating expansion or new development in the 100-year floodplain. • Program 1.11: Train Fire and Police personnel to a level appropriate to their positions and responsibilities to respond to flood emergencies. The 2003 City of Pleasant Hill General Plan identifies policies and programs, such as Policy 1B and Programs 1.2, 1.3 and 1.9 for the funding and implementation of improvements to the City’s storm drainage system as part of the City’s Capital Improvement Program (CIP). In accordance with the City’s General Plan policies, the City adopted by Resolution 37-18, the Fiscal Year (FY) 2018-2023 Capital Improvement Plan (2018 CIP) after the voters approved Measure K. The 2018-2023 CIP provides for the installation of new storm drain facilities or the upgrade of existing storm drain facilities to address locations of poor drainage or areas in the City with localized flooding problems (see page MK-2 of the FY 2018/2023 CIP). Pleasant Hill Municipal Code—Flood Damage Prevention The Pleasant Hill Municipal Code sets forth a code of ordinances associated with hydrology and water quality. Chapter 15.15, Flood Damage Prevention, of the Pleasant Hill Municipal Code details measures to prevent and reduce flood damage as well as standards for construction, utilities, subdivisions, and homes. In addition, the City of Pleasant Hill regularly cleans and maintains drainage channels to clear debris. City Flood Hazard Service The City of Pleasant Hill website contains information about flooding in the City. The City has identified localized flooding hazards that are caused by a creek overtopping its bank, clogged catch basins or storm drains, and poor storm drainage. The City Engineering Division’s, Certified City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-19 Floodplain Manager, can provide residents with a review of their property’s specific flood problems and explain ways to reduce flooding potential or prevent flood damage. Pleasant Hill Stormwater Runoff Pollution Control Ordinance Code Chapter 15.05 of the Pleasant Hill Municipal Code addresses stormwater management and runoff. Consistent with Chapter 15.05, every development project must submit a Stormwater Control Plan that meets the criteria of the most recent version of the guidebook to reduce stormwater. The Stormwater Control Plan would outline all stormwater management facilities, how those facilities would be maintained, and the costs to implement the facilities. 3.8.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 California Environmental Quality Act (CEQA) Guidelines Appendix G, to determine whether impacts related to hydrology and water quality are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Violate any water quality standards or waste discharge requirements? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the proposed plan may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to inundation associated with the proposed plan? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Approach to Analysis Impacts related to hydrology and water quality were determined by reviewing information regarding regional and local hydrology, climate, topography, and geology contained in the Pleasant Hill 2003 General Plan and Pleasant Hill 2003 General Plan EIR, San Francisco Bay RWQCB Basin Plan, FEMA FIRMs, the plan-specific Floodplain Evaluation Report, and plan-specific utility plans. Evaluation of impacts is based on comparison of existing conditions to the Civic Project and Residential Project built condition, such as changes in impervious area and facilities located within flood zones. City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-20 FirstCarbon Solutions Specifically, the impact evaluation focuses on effects on surface and groundwater quality, groundwater supply, and drainage (in terms of erosion, siltation, flooding, stormwater system exceedance, and polluted runoff). Water quality conditions are compared with water quality standards and WDRs by identifying potential contaminants and pollution pathways, amount of impervious area, and runoff treatment requirements. Finally, as part of the analysis, inundation and flooding on the Civic Project site and Residential Project site are assessed by reviewing potential inundation zone elevations relative to the final grade elevations of planned facilities and features for each project. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of Hydrology and Water Quality impacts resulting from implementation of the proposed plan. • Violate any water quality standards or waste discharge requirements established by a regulatory body with jurisdiction over the plan area. • Deplete groundwater supplies or interfere with groundwater recharge such that the proposed plan would impede or obstruct goals and policies of a groundwater management plan. • Alter an existing drainage pattern through alteration of the course of a stream or river or increased impervious surfaces and resulting in erosion, siltation, or flooding on or off-site. • Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. • Expose people to pollutants due to inundation related to flooding, tsunami, or seiche. • Conflict with a water quality control plan or sustainable groundwater management plan such goals would be obstructed. Impact Evaluation Surface and Groundwater Quality Impact HYD-1: The proposed plan would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. Construction Civic Project Civic Project construction activities for the library, athletic fields, and proposed storm drainage improvements would expose soils on the Civic Project site to potential water erosion and construction equipment-related pollutants. Runoff from graded areas could carry eroded soils and pollutants into the storm drainage systems and into Grayson Creek, increasing sedimentation and degrading downstream water quality. These sediments could also be carried downstream and discharged into the Suisun Bay leading to the San Francisco Bay and Pacific Ocean, degrading surface water quality, or allowed to seep into the associated groundwater table. This would represent a potentially significant construction impact related to surface and groundwater quality. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-21 Given that proposed construction would disturb more than one acre of land, the Civic Project would be required to comply with the terms of the Construction General Permit, which require the preparation and implementation of a SWPPP that includes BMPs to ensure reduction of pollutants from construction activities that could potentially enter surface waters. Additionally, implementation of the SWPPP would also prevent pollutants from entering the Ygnacio Valley Groundwater Basin by preventing pollutants from moving off-site. Although construction activities have the potential to generate increased sedimentation, compliance with applicable policies and regulations would minimize the potential to degrade water quality in downstream water bodies to the maximum extent possible. As a result, construction-related project impacts related to surface and groundwater and respective water quality would be less than significant. Residential Project Residential Project construction would expose soils on the Residential Project site to potential water erosion and construction equipment-related pollutants. If not properly contained, runoff from graded areas could carry eroded soils and pollutants into the storm drainage systems, increasing sedimentation and degrading downstream water quality. Given that proposed construction would disturb more than one acre of land, the Residential Project would be required to comply with the terms of the Construction General Permit, which require the preparation and implementation of a SWPPP that includes BMPs to ensure reduction of pollutants from construction activities potentially entering surface waters. Additionally, implementation of the SWPPP would also prevent pollutants from entering the Ygnacio Valley Groundwater Basin by preventing pollutants from moving off-site. Although construction activities have the potential to generate increased sedimentation, compliance with applicable policies and regulations of would minimize the potential to degrade water quality in downstream water bodies to the maximum extent possible. As a result, construction-related project impacts related to surface and groundwater and respective water quality would be less than significant. Operation Civic Project The Civic Project site is located in an urbanized area with a mix of impervious and pervious surfaces. The Civic Project would increase impervious surfaces and in turn generate stormwater runoff, which may carry pollutants such as pesticides, fertilizers, and deposits of fluids and metals from motor vehicles into adjacent Grayson Creek or allow seepage of such pollutants into the associated groundwater table (Exhibit 3.8-3 and Exhibit 3.8-4). This would represent a potentially significant operational impact related to surface and groundwater quality. The Civic Project would be required to comply with the City of Pleasant Hill NPDES program and the Clean Water Program, and all City Code ordinances related to stormwater pollution. Pleasant Hill Municipal Code, Chapter 15.05.050, would require a stormwater control plan that meets the most recent version of the guidebook. Furthermore, Pleasant Hill Municipal Code, Chapter 15.05.080, requires post-construction maintenance of stormwater management facilities. Chapter 17.35.020 requires stormwater drainage systems to protect off-site properties from increased runoff created by City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-22 FirstCarbon Solutions development. Therefore, operation-related project impacts related to surface and groundwater and respective water quality would be less than significant. Residential Project The Residential Project site is located in an urbanized area with a mix of impervious and pervious surfaces. The Residential Project would decrease impervious surfaces from existing conditions and would include bioretention features to retain stormwater on site and provide pre-treatment of surface waters before being discharged into the storm drainage system. The Residential Project would be required to comply with the City of Pleasant Hill NPDES program and the Clean Water Program, and all City Code ordinances related to stormwater pollution. Pleasant Hill Municipal Code, Chapter 15.05.050, would require a stormwater control plan that meets the most recent version of the guidebook. Furthermore, Pleasant Hill Municipal Code, Chapter 15.05.080, requires post-construction maintenance of stormwater management facilities. Chapter 17.35.020 requires stormwater drainage systems to protect off-site properties from increased runoff created by development. Therefore, operation-related project impacts related to surface and groundwater and respective water quality would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Groundwater Supply/Recharge Impact HYD-2: The proposed plan would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the proposed plan may impede sustainable groundwater management of the basin. Construction Residential Project and Civic Project Potential impacts related to depletion of groundwater supplies or interference with groundwater recharge are limited to operational impacts. No respective construction impacts would occur in the plan area because construction activities would not involve the use of groundwater. Operation Civic Project and Residential Project As seen in Exhibit 3.8-3, the plan area is covered by 10.84 acres of pervious surfaces (undeveloped land and Creek Corridor) and 5.83 acres of impervious surfaces (existing Contra Costa County Library, administrative office buildings, and paved parking and roadway surfaces). Implementation of the proposed plan would remove 253,899 square feet of impervious surfaces and would construct 382,054 square feet of new impervious surfaces, for a net increase of 128,155 square feet of impervious surfaces. The plan area’s near-surface soils have a low to moderate permeability value for stormwater infiltration unless subdrains are installed. In addition, the shallow groundwater depth would make stormwater infiltration at this site very difficult. As a result, implementation of the Residential Project and Civic Project would not be expected to impact groundwater supplies or recharge due to the low possibility of stormwater infiltration within the plan area. 42820009 • 08/2019 | 3.8-4_proposed_pervious_impervious_surfaces.mxd Exhibit 3.8-4Proposed Perviou s Versu s Imperviou s Su rfaces Sou rce: Google Earth Pro CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 210 0 210105 Feet Legend Plan Area 16.60 acres Impervious 8.77 acres Pervious 7.89 acres THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-25 Neither the Civic Project nor the Residential Project would significantly impact groundwater recharge rate due to the existing soils and groundwater depth on both sites. As discussed in Section 3.15, Utilities and Service Systems, the City would be able to provide adequate water services to the plan area and the rest of the City during normal, dry, and multiple dry years under its Water Conservation Plan, and no groundwater would be used. Thus, neither the Civic Project nor the Residential Project would interfere substantially with groundwater supply, recharge, or groundwater management. Therefore, impacts related to groundwater recharge and supply would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Drainage—Leading to Erosion/Siltation, Flooding, Additional Sources of Polluted Runoff, or Impedance of Flood Flows Impact HYD-3: The proposed plan could substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite; iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) impede or redirect flood flows? Construction Civic Project Erosion and Siltation The Civic Project would have a significant impact if it were to substantially alter the existing drainage pattern of the library and playfields site in a manner that would result in substantial erosion or siltation on- or off-site. Such drainage effects could occur from grade changes at the Civic Project site, exposure of soils for periods of time during stormwater discharge, or alterations to creek beds. These types of changes would have a potentially significant impact on on-site drainage patterns. The Civic project would involve construction on a site with 2.09 acres of impervious surfaces and 9.54 acres of pervious surfaces. In addition, the Civic Project site’s eastern boundary is adjacent to Grayson Creek. Construction activity could result in substantial erosion or siltation due to drainage pattern alteration and result in polluted runoff entering Grayson Creek. Construction of the upgraded outfalls within Grayson Creek could also cause erosion and sedimentation impacts. This would represent a potentially significant impact. Implementation of the Civic Project would increase the amount of impervious surfaces from 2.09 to 5.74 acres. The Civic Project includes planned storm drain improvements to accommodate storm waters in accordance with C3 requirements. The Civic Project improvements would enhance the City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-26 FirstCarbon Solutions existing storm drain system through upsizing and replacement of existing drainage lines to mimic and better accommodate storm flows compared to existing conditions. The Civic Project also includes the upgrading of existing outfalls in Grayson Creek, and provision of rip-rap at the outfalls for energy dissipation as part of the City’s CIP program for upgrading storm drainage facilities. The Civic Project would be required to implement a SWPPP as part of its Construction General Permit. The SWPPP is designed to ensure that erosion, siltation, and flooding are prevented or minimized to the maximum extent feasible during construction through the implementation of standard best management practices. Therefore, the construction impact related to alteration of drainage pattern and resulting in erosion or siltation would be less than significant. Increased Runoff Resulting in Flooding Impacts related to increased impervious surfaces are limited to operational impacts. Additional Source of Polluted Runoff or Exceedance of Storm Drainage System Capacity As discussed in Chapter 2, Project Descriptions, the Civic Project includes the creation of expanded storm drain capacity along Oak Park Boulevard to convey stormwater that currently sheet flows across the Civic Project site, as well as the creation of bioretention basins capable of holding runoff during storm events to prevent any exacerbation of flooding on- or off-site in accordance with the City’s CIP and General Plan. In addition to improving existing drainage conditions on the Civic Project site, the Civic Project includes implementation of the stormwater system improvements goal/objective in the CIP to address existing flooding conditions. Consequently, the Civic Project would not cause an exceedance of storm drain capacity or create additional sources of runoff. The Civic Project improvements to the storm drainage system would address the existing localized flooding, provide additional capacity for the Civic Project development. Therefore, the construction impact related to additional sources of polluted runoff or exceedance of storm drainage system capacity that would be less than significant. Impedance or Redirection of Flood Flows The Civic Project includes substantial modifications to improve the conveyance capacity for stormwater and to address flooding that is currently experienced across the Civic Project site and in the plan area during storm events. The drainage pattern for the proposed 100-year floodplain would maintain the general direction of flow towards Grayson Creek. The Civic Project would balance cut and fill volumes to minimize fill inside the floodplain to the best extent practicable (Exhibit 3.8-5). As discussed in Section 3.15, Utilities and Service Systems, the Civic Project also includes new storm drain systems to replace the existing inadequately sized 24-inch drain in Oak Park Boulevard with a 36-inch line, and to provide a new 36-inch storm drain through the Civic Project site in accordance with the City’s CIP. The drainage system will include drainage inlets in the new library parking lot that will allow overflow from the system to be directed to and stored within the new athletic fields. This overflow feature will be utilized for runoff generated during larger or multiple back-to-back rain events. Plan Area Limits 42820009 • 08/2019 | 3.8-5_proposed_100yr_500yr_floodplains.cdr Exhibit 3.8-5 Proposed 100-year and 500-year Floodplains CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: WRECO, 2019. THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-29 Mitigation Measure (MM) HYD-3 requires preparation of a Final Drainage Plan that reflects the design recommendations of the Floodplain Evaluation Report. Implementation of the Civic Project proposed storm drainage features in accordance with these design recommendations would ensure that the proposed library would be constructed above a 100-year floodplain. Additionally, the improvements would retain the existing drainage pattern while creating appropriate area to store stormwater overflow, such as the ballfields and bioretention areas adjacent to Grayson Creek. Furthermore, water depths at the proposed athletic fields would be designed to accommodate the floodplain stormwater storage volume that would be displaced by the proposed library development, in accordance with the recommendations of the Floodplain Evaluation Report.15 Therefore, impacts would be less than significant with implementation of MM HYD-3. Residential Project Erosion and Siltation The Residential Project would involve construction on a site that consists of 3.74 acres of impervious surfaces and 1.30 acres of pervious surfaces. The Residential Project would have a significant impact if it were to substantially alter the existing drainage pattern of the site in a manner that would result in substantial erosion or siltation on- or off-site. Such drainage effects could occur from grade changes at the Residential Project site or exposure of soils during storm events that lead to erosion and off-site deposition. These types of changes could have a potentially significant impact on drainage patterns on the Residential Project site. The Residential Project would be required to implement a SWPPP as part of its notice of intent to proceed under the Construction General Permit. The SWPPP is designed to ensure that erosion, siltation, and flooding are prevented or minimized to the maximum extent feasible during construction. A bioretention basin will control substantial erosion and sedimentation on-site for the Residential Project and would reduce flows and retain stormwater post construction such that it would not exacerbate runoff. Therefore, the construction impact related to alteration of drainage pattern and resulting in erosion or siltation would be less than significant. Increased Runoff Resulting in Flooding Impacts related to increased impervious surfaces are limited to operational impacts. Additional Source of Polluted Runoff or Exceedance of Storm Drainage System Capacity The Residential Project would be required to implement a SWPPP as part of its Construction General Permit to ensure that additional sources of polluted runoff would be prevented during construction. The biotreatment swales actually provide stormwater treatment and has capacity to retain flows on the Residential Project site thus limiting the discharge into the City’s stormwater system so that the Residential Project results in no net increase in surface flows. Thus, construction of the Residential Project would not create or contribute runoff water that would provide substantial additional sources of polluted runoff. 15 WRECO. Floodplain Evaluation Report. January 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-30 FirstCarbon Solutions Impedance or Redirection of Flood Flows The proposed Residential Project storm drainage system would connect to the City’s stormwater drainage system that would serve other existing, approved, and planned development in this watershed. The Residential Project also includes biotreatment swales that would provide retention and treatment of stormwater runoff prior to entering the City’s storm drainage system. As the Residential Project would reduce the amount of impervious surfaces across the site, and would also incorporate appropriately sized bio-retention areas for pre-treatment of storm waters in accordance with C.3 guidelines, the Residential Project would not result in an increase in surface runoff or increased flooding conditions that could impeded or redirect flood flows. Operation Erosion and Siltation Civic Project The Civic Project is located in an urbanized area and primarily consists of pervious surfaces. Development of the Civic Project would increase impervious surfaces compared to existing conditions. The net increase in impervious surfaces with project implementation would be approximately 3.65 acres. Operation of the Civic Project could result in increased amounts of stormwater runoff. However, the Civic Project would be required to comply with the City of Pleasant Hill NPDES program and Clean Water Program, and all relevant provisions of the municipal code related to stormwater pollution, including the provision of appropriately sized bio-retention areas for pre-treatment of storm waters in accordance with C.3 guidelines. Residential Project The Residential Project is located in an urbanized area and primarily consists of impervious surfaces. Development of the Residential Project would decrease impervious surfaces compared to existing conditions. The net decrease in impervious surfaces at the Residential Project site with implementation of the Residential Project would be approximately 0.71 acres. Thus, the Residential Project operation would result in decreased amounts of stormwater runoff. Because the Residential Project would disturb more than 1 acre of land, it would be required to comply with the City of Pleasant Hill NPDES program and Clean Water Program, and all relevant provisions of the municipal code related to stormwater pollution, including the provision of appropriately sized bio-retention areas for pre-treatment of storm waters in accordance with C.3 guidelines. Pursuant to Pleasant Hill Municipal Code, Section 15.05.050, all development projects must submit a stormwater control plan that meets the most recent version of the guidebook. Section 15.05.080 establishes post-construction requirements that would require maintenance of stormwater management facilities. In addition, Section 17.35.020 would require stormwater drainage systems provide protection for off-site properties from increased runoff created by development. Therefore, operational impacts related to alteration of drainage pattern resulting in erosion or siltation would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-31 Increased Runoff Resulting in Flooding, Exceedance of Storm Drainage Capacity, or Redirection of Flood Flows Civic Project As discussed above under construction, the Civic Project includes substantial improvements that would address and correct the flooding that currently occurs on the Civic Project site and in other existing low-lying areas in the plan area. The proposed increase in impervious surfaces is accounted for in the design of the proposed storm drainage system and therefore, operation of the Civic Project would not result in any increase in flooding, exceedance of storm drainage capacity, or impedance or redirection of flood flows. The improved stormwater system includes bioretention areas designed to reduce runoff volume and pollutants from entering nearby waterways, in accordance with CCCWP guidelines and Provision C.3 in the Municipal Regional Permit. Furthermore, compliance with the City of Pleasant Hill Clean Water Program and Stormwater Runoff Pollution Control Ordinance Code would ensure that operation of the Civic Project would not create runoff that exceeds the capacity of existing or planned stormwater drainage systems or provide sources of stormwater or polluted runoff. Therefore, the operational impact related to additional sources of polluted runoff would be less than significant. The plan area is not located near the ocean, and as such would not be susceptible to inundation from a tsunami. The plan area is not located near a large, enclosed body of water and as such would not be susceptible to inundation from a seiche. The Civic Project is located in designated flood hazard zones and would be inundated with floodwater during 100-year and 500-year flood events. During the grading and construction phase, the proposed library building would be elevated above the 100-year floodplain using cut and fill in accordance with the recommendations of the Plan Area Floodplain Evaluation Report (Appendix H). With implementation of MM HYD-3, operational impacts related to impedance or redirection of flood flow would be less than significant. Residential Project As discussed above, the Residential Project would be constructed above the 100-year base flood elevation. The Residential Project would also result in a net decrease in impervious surfaces. In compliance with C.3 requirements, the Residential Project would also include bioretention basins, which would ensure that there would not be an increase in runoff that could exceed the storm drainage capacity or redirect flood flows. The City’s General Plan requires that that the City plan for improvements to address existing and future flooding conditions through its CIP and other citywide storm drainage improvements. As with other planned developments in Pleasant Hill, the Residential Project will be required to contribute its proportionate fair share of the cost of Citywide improvements in drainage area 60 or others to address storm drainage improvements needed to accommodate the Residential Project flows. Level of Significance Before Mitigation Potentially Significant (Civic Project) Less Than Significant (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-32 FirstCarbon Solutions Mitigation Measures MM HYD-3 Prepare Final Drainage Plan Prior to Grading Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall submit a drainage plan that incorporates the measures included in the Specific Plan Floodplain Evaluation Report and a Civic Project-specific Floodplain Evaluation Report. These measures shall be coordinated with the City Public Works and Community Development Engineering Division in order to reduce risk related to flooding within a designated floodplain. The drainage plans (including for the separate storm drainage systems and bioretention basin) shall be reviewed by City Public Works and Community Development Engineering Division to ensure that the design will accommodate the 100-year storm event as detailed in the Floodplain Evaluation Report. Three specific performance measures shall be achieved through the implementation of this mitigation measure: Storm Drainage Systems Design Two separate storm drainage systems (western and eastern) shall replace the existing single 24-inch drainage systems along Oak Park Boulevard. The western system shall upsize the existing 24-inch storm drain pipe currently located along Oak Park Boulevard on the south side of the proposed residential development. The new eastern system shall upsize the existing 24-inch and 30-inch diameter storm drains to 36-inch and 48-inch diameter pipes, and shall convey runoff eastward to a new outfall at Grayson Creek. Bioretention Basin Design A bioretention basin capable of retaining waters from a 100-year storm event shall be installed adjacent to Grayson Creek and east of the proposed library (adjacent to Grayson Creek). The basin shall have sufficient capacity, in combination with the storm drainage systems, to offset the reduced floodplain footprint of the plan area, as outlined in the Floodplain Evaluation Report. Grading for New Athletic Fields Design As outlined in the Floodplain Evaluation Report, grading for the athletic fields shall be designed in combination with the storm drainage systems and the bioretention basin to provide additional floodplain storage at the Civic Project site to offset the reduced floodplain footprint on the Civic Project site. Final specifications shall be confirmed as part of the design phase and prior to issuance of a grading permit. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project) Less Than Significant (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-33 Risk of Pollutant Release Due to Inundation Impact HYD-4: The proposed plan would be located in a flood hazard zone, tsunami, or seiche zone, and risk release of pollutants due to inundation associated with the proposed plan. Construction and Operation Civic Project As described previously, the Civic Project is located within a flood hazard zone. Implementation of MM HYD-3 would ensure stormwater facilities and improvements at the Civic Project site are installed according to the Final Floodplain Evaluation Report. These improvements would ensure that the operation of the library proposed as part of the Civic Project is located outside of the flood zone and drainage is improved such that the Civic Project would not be at risk of pollutant release. The Civic Project site is not located near the ocean, and as such would not be susceptible to inundation from a tsunami. The Civic Project site is not located near a large, enclosed body of water and as such would not be susceptible to inundation from a seiche. As a result, the Civic Project site would not be a risk for inundation from flooding, tsunami, or seiche. Therefore, impacts related to risk of pollutant release due to inundation would be less than significant. Residential Project The Residential Project would not be located in a flood hazard zone. The Residential Project site is not located near the ocean, and as such would not be susceptible to inundation from a tsunami. The Residential Project site is not located near a large, enclosed body of water and as such would not be susceptible to inundation from a seiche. As a result, the plan area would not be a risk for inundation from flooding, tsunami, or seiche. Therefore, impacts related to risk of pollutant release due to inundation would be less than significant. Level of Significance Before Mitigation Potentially Significant (Civic Project) Less Than Significant (Residential Project) Mitigation Measures Implement MM HYD-3 (Civic Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project) Less Than Significant (Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Hydrology and Water Quality Draft EIR 3.8-34 FirstCarbon Solutions Water Quality Control or Sustainable Groundwater Management Plan Consistency Impact HYD-5: The proposed plan would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Construction Civic Project and Residential Project Neither the Civic Project nor the Residential Project would conflict with the Contra Costa County Watershed Program and the City of Pleasant Hill NPDES program. Given that proposed construction for each project would disturb more than 1 acre of land, both projects would be required to comply with the terms of the Construction General Permit, which require the preparation and implementation of a SWPPP that includes BMPs to ensure reduction of pollutants from construction activities potentially entering surface waters. Therefore, construction impacts related to a water quality control plan or groundwater management plan consistency would be less than significant. Operation Civic Project and Residential Project Both project sites are located within the Ygnacio Valley Groundwater Basin, and neither has potential for groundwater recharge due to poorly drained soils and shallow groundwater levels. In addition, the Contra Costa Water District (CCWD) would provide potable water to both project sites. The CCWD does not use groundwater as a water source, and as a result, neither the Civic Project nor the Residential Project would not conflict with or obstruct a sustainable groundwater management plan. Therefore, operational impacts related to water quality control plan or groundwater management plan consistency would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 3.8.5 - Cumulative Impacts Hydrology Cumulative impacts related to hydrology and water quality typically occur within a defined watershed. All properties on the cumulative projects listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, are located within the Walnut Creek Watershed which eventually drains into Suisun Bay and ultimately into the Pacific Ocean. All cumulative projects, including the Residential Project and Civic Project, would be required to comply with the CCCWP and Pleasant Hill 2003 General Plan policies, which prevent a project from increasing off-site surface water flow from existing conditions and ensure that projects adhere to BMPs during construction to prevent pollutants from being carried off-site. The combination of these policies and BMPs would prevent significant cumulative impacts to hydrology. Thus, there would be a less than significant cumulative impact related to hydrology. Water Quality The geographic context for consideration of cumulative impacts related to surface water quality is the Walnut Creek Watershed. All cumulative projects, including the Residential Project and Civic City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Hydrology and Water Quality FirstCarbon Solutions 3.8-35 Project, would involve short-term construction and long-term operational activities that would have the potential to degrade water quality in downstream water bodies, including the Suisun Bay. All cumulative project construction would be required to obtain a Construction General Permit from the State Water Board, which would require preparation of a SWPPP that would control potential discharges of contaminants into Suisun Bay. Operations of these cumulative projects would be required to comply with the Pleasant Hill 2003 General Plan policies and Pleasant Hill Municipal Code Ordinance. Development in the City of Pleasant Hill would be required to implement these measures in accordance with adopted regulations, while projects would be subject to the Construction General Permit if applicable. Thus, there would be a less than significant cumulative impact related to surface water quality. The geographic context for consideration of cumulative impacts related to groundwater quality and management is the Ygnacio Valley Groundwater Basin. All cumulative projects, including the Residential Project and Civic Project, would involve short-term construction and long-term operational activities that would have the potential to impact groundwater quality and management. All cumulative project construction would be required to obtain a Construction General Permit from the State Water Board, which would require preparation of a SWPPP that would control pollutants that could seep into groundwater. Operations of these cumulative projects would be required to comply with the CCCWP, thereby ensuring that stormwater is pre-treated via bioretention to ensure that percolation to the groundwater table would not result in degradation of groundwater quality. Thus, there would be a less than significant cumulative impact related to groundwater quality. Flooding The geographic context for consideration of cumulative impacts related to flooding is the southeastern area of the City of Pleasant Hill. According to the Pleasant Hill 2003 General Plan, the City anticipates limited urban growth in the City due to little developable land. The cumulative projects listed in Table 3-1 are located throughout the City of Pleasant Hill. As discussed in the Pleasant Hill 2003 General Plan, portions of the City are located in a floodplain. Flooding occurs mainly near Grayson Creek due to limited channel capacity and inadequate drainage facilities that become blocked by debris during high intensity storm events.16 Pleasant Hill Safety and Noise Policies 1A, 1B, 1C, and Safety and Noise Programs 1.1–1.11 would direct the City to provide floodplain management to protect its citizens and property. The Residential Project and future development projects usually contribute as part of the annual property tax for the installation of citywide improvements and CIP-related storm drainage improvements designed to offset existing and future localized flooding conditions throughout the City. The City would review cumulative development proposals in accordance with applicable guidelines, ordinances, and permitting requirements. Thus, there would be a less than significant cumulative impact related to flooding. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) 16 City of Pleasant Hill. Pleasant Hill 2003 General Plan Draft EIR, page 37. THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-1 3.9 - Land Use and Planning 3.9.1 - Introduction This section describes the existing conditions related to land use and planning in the region and Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to land use and planning that could result from implementation of the Oak Park Properties Specific Plan (proposed plan). Information included in this section is based on site reconnaissance, the Pleasant Hill 2003 General Plan and updated elements, applicable provisions of the Pleasant Hill Municipal Code (zoning ordinances), and the proposed plan included as Appendix K. During the Environmental Impact Report (EIR) scoping period, no comments were received related to land use and planning. 3.9.2 - Environmental Setting Physical Land Use City of Pleasant Hill The southeastern area of the City of Pleasant Hill includes a diverse mix of land uses, including residential, general commercial, retail, office, recreation, school, and civic uses. The southern edge of the City generally extends one property deep, south of Oak Park Boulevard and towards Putnam Boulevard to the east. Surrounding Area To the North Land uses to the north of the plan area consist of park facilities, a middle school campus, and single- family neighborhoods. The Pleasant Oaks Park is located immediately north of the existing Contra Costa County Library Administration building. The park consists of five baseball/softball grass fields with surface parking areas and concession buildings. Pleasant Hill Middle School is also located immediately north of the eastern undeveloped vacant area. An existing track/soccer field and surface parking area separates the plan area from school buildings. A small “u-shaped” parking area is also located along Monticello Avenue between the plan area and the track/soccer field. Additional sports facilities (tennis courts, basketball courts, swimming pool, and baseball/softball fields) are located further north and associated with the school. Further north, the surrounding area transitions towards low-density single-family homes (Poets Corner Neighborhood). To the East An East Bay Municipal Utilities District (EBMUD) multi-use trail borders the plan area to the east. The EBMUD trail continues from Oak Park Boulevard along the eastern plan area boundary and connects to residential neighborhoods to the north and downtown Pleasant Hill further north/northeast. Across the EBMUD trail, further east, land uses predominantly consist of single- family neighborhoods. An assisted living facility and commercial businesses are located along Oak Park Boulevard, towards the Interstate 680 (I-680) overpass. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-2 FirstCarbon Solutions Oak Park Boulevard generally forms the southern boundary of the plan area. Land uses consist predominantly of single-family homes. As described above, the EBMUD trail provides multi-modal access from Oak Park Boulevard into surrounding low-density residential neighborhoods. To the South The plan area is bound on the south by Oak Park Boulevard, and land uses further south of Oak Park Boulevard consist of single-family neighborhoods. To the West Land uses to the west of the plan area include office buildings, apartment complexes, and a neighborhood-chain grocery store (Safeway) further west. The Contra Costa County Office of Education is located immediately west of the existing library along Santa Barbara Road and Monte Cresta Avenue. A large surface parking area with solar-panel-roofing abuts the library parking lot and is separated by a property line-defined landscaped area with sparse trees and bushes. Pedestrian and sidewalk areas along Oak Park Boulevard and Monte Cresta Avenue are landscaped with maintained grass/lawns and trees. Across Monte Cresta Avenue, land uses transition from professional offices to residential and then local-serving retail, commercial business, and restaurants. Plan Area The overall 16.60-acre plan area consists of three Assessor’s Parcels, as shown in Exhibit 2-5 and listed in Table 3.9-1. Further physical land use descriptions by address are provided below. Table 3.9-1: Plan Area Assessor’s Parcels Assessor’s Parcel Numbers Addresses Ownership 149-271-014 1750 Oak Park Boulevard Contra Costa County 149-230-005 1700 Oak Park Boulevard Contra Costa County Portions of 149-230-008 Portion of Grayson Creek Corridor and the northerly portion of Monticello Avenue within plan area Mount Diablo Unified School District Source: City of Pleasant Hill 2018; compiled by FirstCarbon Solutions (FCS) 2019. 1750 Oak Park Property (Existing Library and Vacant Administration Offices)1 The property located immediately west of Monticello Avenue is developed with a library building and vacant administrative offices. Monticello Avenue bisects the plan area, providing access to Oak Park Boulevard (to the south) and other ancillary streets (to the west and north) that meander into surrounding neighborhoods. Landscaped areas and pavement separate the western and eastern areas. No east-west roadway or direct pedestrian pathways connect the western and eastern areas. However, Monticello Avenue provides north-south access for vehicles, bicyclists, and pedestrians. One stairway along Monticello Avenue leads from the sidewalk to the library main entrance. 1 The administrative offices were partially vacated in 2016 and fully vacated in 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-3 Another stairway leads to the administrative office building entrance further north along Santa Barbara Road. Sidewalk conditions vary but generally run along Oak Park Boulevard, Santa Barbara Drive, and the west curb of Monticello Avenue within the plan area. The South Library parking lot fronts Oak Park Boulevard, and primary access is provided along this frontage. This parking lot consists of asphalt with marginal landscaping along street frontages and curb medians. The North Library parking lot consists of asphalt with marginal landscaping along the western boundary of the lot. Parking is available for library visitors free of charge. Secured bicycle racks are located among ornamental trees and shrubbery next to the main library entrance. The Pleasant Hill Library consists of a circular building with a large rotunda on the first floor and mezzanine upper level. The northern portion of the building connects to neighboring administrative offices. Primary site access is provided along Oak Park Boulevard, leading inward from the surface parking lot. The area is landscaped with a variety of ornamental trees and shrubbery. The building is setback approximately 230 feet from Oak Park Boulevard and 130 feet from Monticello Avenue. A main driveway from Santa Barbara Road provides access into surface parking lots, one located in the interior and another located along Santa Barbara Road. The northern portion contains existing trees with no other landscaped areas associated with the surface parking lots. Paved sidewalks flank the eastern and northern roadways adjacent to the office building. The western property boundary abuts neighboring buildings with ornamental trees and bushes that transition towards small grassy knolls and paved sidewalks along Oak Park Boulevard. 1700 Oak Park Property This property is predominantly undeveloped, although it contains a 762-linear-foot segment of Monticello Avenue, and formerly contained the Oak Park Elementary School, which operated on the site until 1976, followed by a series of non-profits that leased the former school buildings until 2009 when all buildings, parking areas, and associated landscaping were demolished. In addition to the segment of Monticello Avenue, the property consists of unmaintained vegetation consisting mainly of seasonal grasses and an assortment of non-ornamental trees. A sidewalk runs the full length of Monticello Avenue on the western side. An informally established dirt/gravel parking area, which used to serve the former Oak Park Elementary School, lines a 230- foot portion on the east side of Monticello Avenue, approximately 170 feet north of Oak Park Boulevard. A paved parking circle is located in the northern portion of the property, containing 13 on-street parking spaces, and a sidewalk, which continues northward through the school district property. Grayson Creek Corridor (Pleasant Hill Middle School Field to Oak Park Boulevard) This segment of Grayson Creek has a nominal width of 50 feet from top-of-bank to top-of-bank. The Creek generally runs along a north-south direction, along the eastern boundary of the 1700 Oak Park Boulevard property. The Creek and its banks are also within a Federal Emergency Management Agency (FEMA) flood zone. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-4 FirstCarbon Solutions Oak Park Boulevard Oak Park Boulevard within the plan area is approximately 690 linear feet. The north side of the street is lined with maintained landscaping along the existing Contra Costa County Education building with intermittent vegetation along the existing library site. Vegetation continues along the existing vacant site towards the EBMUD trail to the east. A sidewalk runs the full length of the street segment on the north side of the street, and intermittently along the south side of the street. Bicycle lanes run the full length of the street segment on the north and south sides of the street. Overhead utility lines also run the full length of the street segment on the north and south sides of the street. Land Use Designations and Zoning Surrounding Area The Pleasant Hill 2003 General Plan and City zoning map organize land uses throughout the City. The City zoning map further categorizes land uses into subsets, which regulate allowable land uses and how the City will manage future development to minimize conflicting land uses. The City Zoning Ordinance regulates a given property to ensure the basic building shapes and sizes (building heights, setbacks, and development intensities) are compatible with the surrounding area. The land areas surrounding the plan area are all within the City of Pleasant Hill jurisdiction. Table 3.9-2 provides a summary of surrounding land use designations and zoning. Table 3.9-2: Surrounding Land Use Designations Land Use Relationship to Plan Area Land Use Designation General Plan Zoning Single-Family Residential North Single-Family Medium Density R10 Single-Family—10,000- square-foot lots Pleasant Oaks Park North Park R10 Single-Family—10,000- square-foot lots Pleasant Hill Middle School North School R10 Single-Family—10,000- square-foot lots EBMUD Trail East Semi-Public Institutional PUD 410 Planned Unit District Single-Family Residential East Single-Family High Density R7 Single-Family—7,000- square-foot lots Gas Station East Neighborhood Business NB Neighborhood Business Single-Family Residential South Single-Family High Density R10 Single-Family—10,000- square-foot lots Multi-Family Residential West Multiple-Family Medium Density MRM Multiple-Family Medium Density Commercial Retail West Neighborhood Business NB Neighborhood Business Office Space West Office NB Neighborhood Business Single-Family Residential West Single-Family Medium Density R10 Single-Family—10,000- square-foot lots Source: City of Pleasant Hill. Pleasant Hill 2003 General Plan Land Use Map, City Zoning Map (amended, May 2011). City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-5 Plan Area 1750 Oak Park Property (Existing Library and Vacant Administration Offices) The Pleasant Hill 2003 General Plan designates the property as “Semi Public and Institutional,” which generally allows for utility facilities and easements, libraries, civic offices, fire protection services, religious institutions, and hospitals.2 The City zoning map currently designates this property as “R10” (Single Family—10,000-square-foot lots). 1700 Oak Park Property (Existing Vacant Area) The Pleasant Hill 2003 General Plan designates the property located immediately east of Monticello Avenue as “Mixed Use.” The “Mixed Use” designation generally allows combined residential, retail, commercial, office, and/or public uses. The City zoning map currently designates this property as “PUD 410” (Planned Unit District). Monticello Avenue (Existing Roadway) The Pleasant Hill 2003 General Plan designates the Monticello Avenue portion of Assessor’s Parcel Number (APN) 149-230-008 northeast of the existing library site as “School.” The “School” designation allows for “child day care facilities and commercial or educational athletic facilities, such as sports training centers.”3 The City zoning map currently designates this property as “R10” (Single- Family—10,000-square-foot lots). Grayson Creek Corridor (Pleasant Hill Middle School Field to Oak Park Boulevard) The Pleasant Hill 2003 General Plan designates the Grayson Creek Corridor portion of APN 149-230- 008 as “Mixed Use.” The “Mixed Use” designation generally allows combined residential, retail, commercial, office, and/or public uses.4 The City zoning map currently designates this property as “PUD 410.” Oak Park Boulevard This street segment is a public right-of-way and does not have a designation. 3.9.3 - Regulatory Framework Federal No federal plans, policies, regulations, or laws related to land use planning apply to the proposed plan. State No State plans, policies, regulations, or laws related to land use planning apply to the proposed plan. Regional Plan Bay Area Plan Bay Area, published by the Metropolitan Transportation Commission (MTC) and Association of Bay Area Governments (ABAG), is a long-range integrated transportation and land use/housing strategy 2 City of Pleasant Hill. City of Pleasant Hill 2003 General Plan, page 11. 3 Ibid. 4 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-6 FirstCarbon Solutions through 2040 for the Bay Area. Plan Bay Area functions as the sustainable communities’ strategy mandated by Senate Bill 375. As a regional land use plan, Plan Bay Area aims to reduce per-capita greenhouse gas emissions through the promotion of more compact, mixed-use residential and commercial neighborhoods located near transit. Plan Bay Area is built on Priority Development Areas (PDAs) selected and approved by city and county governments with planning grants, technical assistance, and prioritization for regional and State transportation and affordable housing funds. Plan Bay Area is a limited and focused update that builds upon a growth pattern and strategies developed in the original Plan Bay Area (adopted by MTC in 2013) but with updated planning assumptions that incorporate key economic, demographic, and financial trends from the last four years. Local Pleasant Hill 2003 General Plan The Pleasant Hill 2003 General Plan provides for the day-to-day physical development decisions that shape the social, economic, and environmental character of the City’s approximate 7-square-mile planning area that define the city limits. The Pleasant Hill 2003 General Plan policies guide new development and land use activities that occur within City limits. The City updated three Pleasant Hill 2003 General Plan elements: Housing (2015, Resolution No. 26-15), Circulation (2015, Resolution No. 26-15), and Growth Management (2013, Resolution No. 37-13) as well as amendments to Pleasant Hill 2003 General Plan Mixed Use Growth Development and related Economic Development Strategies (2016, Resolution No. 21-16) and Miscellaneous Text Clarifications (2018, Resolution No. 66-18).5 The Pleasant Hill 2003 General Plan is organized into the following elements: • Community and Development Element: includes Land Use Pattern, Neighborhoods, Visual Quality, Public Facilities and Services, Recreation, Parks, Open Space, Natural Resources, Conservation and Energy, Cultural and Historic resources. • Economic Strategy Element: includes Commercial Uses and Economic Opportunities. • Circulation Element: includes Street Network, Level of Service, and Alternate Transportation. • Growth Management Element: includes Traffic Levels of Service and Performance Standards for Services. • Safety and Noise Element: includes Flooding, Airport, Geologic Hazards, Fire Hazards, Hazardous Materials, Noise, and Air Quality. • Housing Element: includes Population and Employment Trends, Constraints on Housing Production, and Goals, Policies, and Programs. The Safety and Noise Element, in part, is intended to ensure that airport operations do not adversely affect the quality of life and safety of City residents. Pleasant Hill 2003 General Plan Policy 2A contains development restrictions consistent with the 2000 Contra Costa County Airport Land Use 5 City of Pleasant Hill. Pleasant Hill 2003 General Plan [updated elements]. Website: https://www.ci.pleasant-hill.ca.us/132/Current- General-Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-7 Compatibility Plan (described above). The plan area is not located within an established airport influence area or safety zone. The Pleasant Hill 2003 General Plan contains a land use map. Approved by City Council in July 2003, the land use map designates properties throughout the City planning area (i.e., the City jurisdictional limits). The City organizes land uses into four broad categories: residential, commercial, industrial, and public realm and semi-public. Each category contains sub-categories that further describe particular land uses (e.g., single-family low density, single-family medium density, single-family high density, etc.). The categorical organization of the City’s land use map directly relates to land use regulations, building standards, and architectural design requirements articulated in the City zoning ordinance. Goals and policies as set forth in the Community Development Element that are applicable to the proposed plan include the following: • Policy 1A: Encourage aesthetic enhancement of residential areas, while retaining the charm and character of individual neighborhoods. • Policy 4B: Maintain the suburban town atmosphere of Pleasant Hill. • Policy 10A: Establish secondary emergency access routes for all areas of the city currently lacking dual access. • Policy 10B: Meet City-adopted emergency response time and efficiency objectives. • Policy 11A: Ensure that basic (water, sewer, and solid waste) services are provided to proposed development, and that the provision of those services does not jeopardize service to existing uses. • Policy 14A: Acknowledge that access to an excellent library with standard hours of operation is a key component of quality of life in the City. • Policy 17A: Advocate a wide range of recreation programs for all segments of the resident and visitor population. • Policy 21A: Require reclamation of degraded streams, wetlands and riparian areas, including wildlife migration corridors, where possible in cooperation with the Flood Control District. • Policy 22A: Minimize the impacts of development on plants and animals, including sensitive habitat and migration corridors. • Policy 23A: Give priority to development that incorporates energy-efficient and resource conserving design and construction. • Policy 23B: Support and expand recycling programs for residential, commercial and industrial uses, with the goal of attaining the mandated 50 percent diversion rate. • Policy 25A: Pursue methods to maintain historic structures and appropriately designate and protect additional historic and cultural resources that may exist in the City. Goals and policies as set forth in the Economic Strategy Element that are applicable to the proposed plan include the following: • Policy 2D: Facilitate reuse of underutilized parcels when appropriate. • Policy 4B: Ensure that the cost of new development, including necessary public improvements, is shared equitably by project proponents. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-8 FirstCarbon Solutions Goals and policies as set forth in the Circulation Element that are applicable to the proposed plan include the following: • Policy 1A: Maintain rights-of-way at current widths, except as necessary to relieve specific areas of congestion. • Policy 2A: Develop a connected system of street, roads, and highways that provides continuous, safe and convenient multi-modal travel options for all types of users throughout the City. • Policy 6A: Encourage use of bus and rail service for local and regional travel. • Policy 7A: Maintain and upgrade the City’s bikeway system. • Policy 8A: Maintain and upgrade the City’s pedestrian system by installing or upgrading sidewalks, warning devices, crosswalks, and other pedestrian aids where appropriate, including particular consideration for the needs of pedestrians with limited mobility and/or disabilities. • Policy 9A: Improve sidewalks to facilitate access by persons with disabilities. Goals and policies as set forth in the Growth Management Element that are applicable to the proposed plan include the following: • Policy 1A: Promote orderly and efficient growth in existing urban areas and protect open space by adhering to the [City] Urban Limit Line. • Policy 1B: Support infill and redevelopment in existing urban areas and around key transit facilities. • Policy 1C: Strive to ensure the availability of affordable housing. • Policy 2B: Require that new development pay its share of costs associated with the overall growth in the region. • Policy 2C: Require that all development projects comply with the City’s performance standards for fire, police, parks, water, flood control, sanitary sewer, and transportation facilities. • Policy 3A: Consider the needs of vehicles, bicycle, and pedestrians on all city roadways and facilities. Goals and policies as set forth in the Safety and Noise Element that are applicable to the proposed plan include the following: • Policy 1A: Maintain and upgrade the City’s drainage system. Policy 1B: Reduce flood damage potential in areas known to be prone to flooding. • Policy 3A: Ensure that structures are designed and located to withstand strong ground shaking, liquefaction and seismic settlement. • Policy 4A: Enhance the ability of the Fire District to respond to and suppress fires. • Policy 6A: Assist in the protection and monitoring of water quality. • Policy 7A: Require new development projects to be designed and constructed to meet acceptable noise level standards adopted by the City. • Policy 7B: Evaluate the noise impacts of development based on the potential for significant increases in noise levels, in addition to acceptability standards. • Policy 8A: Promote measures that improve air quality and help meet air quality attainment standards. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-9 • Policy 8B: Minimize the air quality impacts of vehicle emissions, and promote the use of clean alternative fuels. • Policy 8C: Encourage use of electric (rather than gasoline-powered) equipment and natural gas appliances, including outdoor grills. Goals and policies as set forth in the Housing Element that are applicable to the proposed plan include the following: • Policy 1B: Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs. • Policy 2A: Allow a variety of housing types to be built on residential sites. • Policy 2D: Encourage mixed-use development at underutilized sites, where appropriate. • Policy 3A: Facilitate construction of affordable housing by favoring new projects that include units for lower-income segments of the community. • Policy 3B: Look for opportunities to promote the development of housing affordable and available to those who work in Pleasant Hill. • Policy 5C: Ensure that new residential development is compatible with surrounding neighborhoods. • Policy 5E: Provide public services and improvements that keep neighborhoods safe and livable. • Policy 8A: Encourage energy conservation practices for new and existing residential dwellings. • Policy 8B: Encourage the use of green building and sustainable practices for new and renovation projects throughout the City. Pleasant Hill Municipal Code–Zoning Ordinance Title 18 of the Pleasant Hill Municipal Code contains the City planning and zoning ordinance. The City implements the goals and policies of the Pleasant Hill 2003 General Plan through zoning standards and architectural review permits to prevent unsuitable development in the City. The City zoning ordinances regulate land use and structures in order to implement the goals and policies described in the Pleasant Hill 2003 General Plan. Zoning ordinances provide the basis for how the City promotes health, safety, and welfare of the public, and preserves and enhances the quality of life for residents. The zoning ordinance seeks, among other things, to preserve, protect, and enhance residential suitable areas; minimize impacts; and ensure compatibility between new multifamily developments with less intensive surrounding residential development. The PUD zoning designation is described below in more detail. Planned Unit District Pleasant Hill Municipal Code, Section 18.20.010 (Specific purposes–summary of residential districts), outlines certain requirements for new and alterations to existing land uses, structures, and site development within residentially zoned areas. Section 18.20.010(B)(9) (PUD residential planned unit development) further articulates development parameters to carry out the intent of the Pleasant Hill Municipal Code. The PUD zoning district generally allows for a total number of dwelling units above minimum densities, but not above maximum densities, permitted by the Pleasant Hill 2003 General City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-10 FirstCarbon Solutions Plan—subject to certain exceptions in Section 18.20.040(B)—for the total area allocated to residential use.6 Pleasant Hill Municipal Code, Section 18.30.010 (Specific Purposes), outlines the specific purpose of the PUD zoning district. In addition to the general intent of the City zoning ordinance,7 the PUD zoning district furthers the City’s land use planning efforts by ensuring efficient administrative procedures for development of large parcels. The City balances administrative efficiency with orderly land use planning and adequate review procedures that result in quality urban design. The City encourages development variety and integrating open space/common areas in residential areas. The City also encourages coordinated development that might otherwise occur in unrelated increments. Pursuant to Section 18.30.050 of the Pleasant Hill Municipal Code, the City requires the rezoning of property to PUD be accompanied by a “concept plan.” The City would adopt the concept plan into the zoning ordinance. The concept plan would include text and diagrams that meet specified conditions described in the PUD zoning district ordinance.8 Among other things, the concept plan would describe the distribution, location, and extent of land uses (including open space). The concept plan would include standards and criteria by which development will proceed (including utilization of on-site natural resources). The concept plan would also include design criteria for all landscaped areas and buildings as well as a land use regulation schedule, which defines the permitted, conditional, and temporary and accessory uses within the area covered by the concept plan. The City would review the rezoning request and present recommendations and findings followed by hearings of the Architectural Review Commission,9 City Planning Commission,10and City Council.11 The proposed plan establishes permitted land uses within the PUD zoning district. These uses are summarized in Table 3.9-3. For Single Family (R) and Multi-family Residential (MR) zoning districts, the limitation on specific use classifications are as follows: • L-1: Minimum site area of 10,000 square feet. • L-2: Minimum site area of one acre. • L-3: Minimum site area of three acres. • L-4: See Pleasant Hill Municipal Code Section 18.25.090 for live entertainment standards. • L-5: Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days. • L-6: Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days. • L-7: Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence. 6 City of Pleasant Hill. Pleasant Hill Municipal Code Section 18.30.040(B), below minimum density allowed provided findings pursuant to Government Code Section 65589.5; exceedance allowed where density bonus approved pursuant to Pleasant Hill Municipal Code Section 18.20.060. 7 Pleasant Hill Municipal Code Chapter 18.05, [Zoning Ordinance]. Section 18.05.030, Purpose and Organization. 8 Pleasant Hill Municipal Code. Sections 18.30.050(A)–(G). 9 Pleasant Hill Municipal Code, Section 18.30.060(A). 10 Pleasant Hill Municipal Code, Section 18.30.060(B). 11 Pleasant Hill Municipal Code, Section 18.30.060(C). City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-11 Table 3.9-3: Permitted Uses Land Use Land Use Regulations OPP- Residential OPP-Semi- Public Use OPP-Park Additional Use Regulations Residential Uses Accessory dwelling unit P — — See Pleasant Hill Municipal Code Section 18.20.100 Accessory, junior, dwelling unit P — — See Pleasant Hill Municipal Code Section 18.20.095 Bed and breakfast — — — N/A Care facility, small, licensed P — — N/A Family day care home, large P — — See Pleasant Hill Municipal Code Section 18.20.080 Family day care home, small P — — N/A Home occupation P — — See Pleasant Hill Municipal Code Section 18.20.070 Senior housing P — — N/A Single-family residential P — — N/A Single-room occupancy with boarder or lodger P — — No more than 3 boarders or lodgers Public and Semipublic Community center U U U N/A Cultural institutions — U U N/A Day care, general — U U L-1 Park and recreational facilities U U U N/A Public safety facilities U U U N/A Religious assembly U U U N/A Schools, public or private U U U N/A Utilities, major U U U N/A Utilities, minor P P P N/A Wireless telecommunications facility — U U L-3; See Pleasant Hill Municipal Code Section 18.67 Library — P — N/A City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-12 FirstCarbon Solutions Table 3.9-3 (cont.): Permitted Uses Land Use Land Use Regulations OPP- Residential OPP-Semi- Public Use OPP-Park Additional Use Regulations Accessory Uses P/U — — See Pleasant Hill Municipal Code Section 18.20.050 Temporary Uses N/A See Pleasant Hill Municipal Code Section 18.100 Agricultural Sales — T T L-7 Animal shows or sales — T T L-2, L-5 Arts and crafts show outdoors — T T L-2, L-5 Christmas tree sales — — — L-2, L-7 Civic and community events — T T L-2, L-6 Commercial filming, limited — T T L-2, L-6 Live entertainment events — T T L-2, L-4, L-6 Outdoor exhibits — P T L-2, L-6 Personal property sales P — — L-5 Pumpkin sales — — — L-2, L-7 Recreational events — T P L-2, L-6 Street fairs T T T L-7 Notes: Oak Park Residential (OPP-Residential) Oak Park Semi-Public Use (OPP-Semi-Public Use) Oak Park Parks and Recreation (OPP-Parks) P = Permitted U = Use Permit Required T = Temporary Use Permit Required — = Not Permitted Source: Oak Park Properties Specific Plan, 2019. The proposed plan also sets forth development standards for the proposed park (Table 3.9-4)12 and for the proposed library (Table 3.9-5). 12 Proposed park hours are from sunrise until 10:00 p.m. (if activities are scheduled). The sports fields would be used Monday through Friday after school until 10:00 p.m. and on Saturdays and Sundays from 8:00 a.m. to 10:00 p.m. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-13 Table 3.9-4: Development Standards, Proposed Park Development Feature Requirement Minimum Setbacks From Creek 10 feet1 From Parking Lot 20 feet From Monticello Avenue 20 feet From Northern Property Line 20 feet Height Limitations For Light Fixtures 70 feet For Park Structures 25 feet For Park Buildings 20 feet For Flagpoles 25 feet Maximum Number of Building Stories 2.5 stories Minimum Site Landscaping 5 percent2 Maximum Gross Floor Area Ratio 1,500 square feet Parking Determined by Use Permit Notes: 1 Measured from the top of Grayson Creek bank 2 This does not include the actual playing fields that are excluded from this calculation. 3 Parking spaces to be shared with the proposed library (as part of Civic Project). Non City- shared parking facilities shall comply with the Pleasant Hill Zoning Ordinance provisions (electric vehicle parking shall not be required). Source: Oak Park Properties Specific Plan 2019. Table 3.9-5: Development Standards, Proposed Library Development Feature Requirement Minimum Lot Area 2.5 acres Minimum Lot Width 200 feet Minimum Setbacks From Creek 40 feet1 From Parking Lot 20 feet From Monticello Avenue 20 feet From Northern Property Line 20 feet Height Limitations (Maximum) For Street Lights 22 feet For Main Building 30 feet For Site Fences and Auxiliary Buildings 14 feet For Flagpoles 25 feet City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-14 FirstCarbon Solutions Table 3.9-5 (cont.): Development Standards, Proposed Library Development Feature Requirement Maximum Number of Building Stories 2.5 stories Minimum Site Landscaping 20 percent Maximum Floor Area Ratio 0.25 Parking 90 spaces minimum2 Notes: 1 Measured from the top of Grayson Creek bank 2 Parking spaces to be shared with the adjacent proposed park (as part of Civic Project). Source: Oak Park Properties Specific Plan 2019. Site development standards for the Residential Project are shown in Table 3.9-6 and Table 3.9-7. These standards are also shown in Figure 6.2: Residential Setback Diagram and Figure 6.3: Parking and Loading Development Standards Diagrams in the proposed plan. The letters in Table 3.9-6 correspond to Figure 6.2 and the letters in Table 3.9-7 correspond to Figure 6.3. Table 3.9-6: Development Standards, Residential Development Feature Requirement Minimum Lot Size 3,936 square feet A. Minimum Width, internal lots 48 feet B. Minimum width, corner lots 54 feet C. Minimum width, lots along Monticello Avenue 54 feet D. Minimum lot depth 82 feet Minimum Setbacks Chimneys, fireplaces, accent walls or pilasters, bay window, eaves or similar architectural projection may encroach as per City of Pleasant Hill Zoning Ordinance. E. Front: to building face or porch 10 feet F. Front: to front loaded garage door 19 feet (must maintain an 18-foot by 18-foot clear driveway) G. Side—internal lot 4 feet H. Side—corner lots: to building face 10 feet I. Side—corner lots: to porch 7 feet J. Rear 10 feet Maximum Height 35 feet/2 stories Maximum Lot Coverage 60 percent City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-15 Table 3.9-6 (cont.): Development Standards, Residential Development Feature Requirement Minimum Open Space1,2 200 square feet per unit (can be private open space, common open space, or a combination of both consistent with the Pleasant Hill Municipal Code) Parking Two covered spaces per unit Guest Parking 0.5 per unit (guest spaces may be provided on driveway aprons, on-street parking spaces or in designated parking spaces within the plan area. Driveway space shall be a minimum of 9 feet by 18 feet. Accessory Dwelling Unit 0 (no additional parking required due to proximity to transit). Notes: 1 Private open space must be on a patio, private yard area, or on a balcony. The minimum dimensions required to qualify as Private Open space are: Yard: 150 square feet, with a minimum dimension of 10 feet; Porches, decks and balconies: 60 square feet, with a minimum dimension of 6 feet. 2 Common open space must be designed so that a horizontal rectangle has no dimension less than 15 feet and may not include parking areas, or area required for front or side yards. Source: Oak Park Properties Specific Plan 2019. Table 3.9-7: Parking and Loading Development Standards, Residential Off-Street Parking Standards Requirement A. Parking depth 19 feet (when a parking space abuts a landscaped planter less than 6 inches high, the front 2 feet of the required length for a parking space may extend into the planter.) B. Parking width 9 feet (parallel spaces shall be 8 feet by 23 feet adjacent to a 10-foot wide travel lane.) C. Drive Aisles 20 feet D. Driveway Depth 18 feet E. Driveway Width 18 feet Source: Oak Park Properties Specific Plan 2019. Bicycle Parking Pleasant Hill Municipal Code, Section 18.50.070(B–D), outlines certain requirements for bicycle parking and bicycle parking design. According to Section 18.50.070(B), where required, bicycle parking spaces shall be provided in every nonresidential district as required by this section.13 13 Pleasant Hill Municipal Code Chapter 18.55, [Zoning Ordinance]. Section 18.55.070(B), Bicycle parking—Where required. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-16 FirstCarbon Solutions According to Section 18.50.070(C), the number of bicycle parking spaces provided would be specified by use permit for public and semipublic use classifications. For commercial use classifications, in every nonresidential district as required by this section.14 According to Section 18.50.070(D), for each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a 6-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wall-mounted bracket. The following alternative facilities may be provided, subject to approval of the zoning administrator: an enclosed bicycle locker; or a three-point bicycle rack, which secures both wheels and the frame; or a fenced, covered, locked or guarded bicycle storage area. Spacing of the bicycle units shall be figured on a handle width of 3 feet, a distance from bottom of wheel to top of handlebar, 3 feet, 6 inches, and a maximum wheel distance of 6 feet.15 3.9.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 California Environmental Quality Act (CEQA) Guidelines Appendix G, to determine whether impacts related to land use and planning are significant environmental effects, the following questions are analyzed and evaluated. Would implementation of the proposed plan: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Approach to Analysis The analysis in this section focuses on whether implementing the proposed plan would physically divide an established community. It also identifies whether the proposed plan would conflict with land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect. Conflicts and inconsistencies with a policy, in and of themselves, do not constitute significant environmental impacts, unless such conflicts or inconsistencies result in direct physical environmental impacts. The physical impacts associated with the implementation of the proposed plan are discussed throughout Chapter 3.0 of this EIR. Conflicts with land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating an environmental effect are discussed below. The potential for land use impacts was assessed through review of applicable land use policy documents. Specifically, the Pleasant Hill 2003 General Plan, the Pleasant Hill Municipal Code (zoning ordinances), and the proposed plan were reviewed to identify applicable policies and provisions. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of land use and planning impacts resulting from implementation of the proposed plan. • Development resulting in physically dividing a community area within southeast Pleasant Hill. • Development conflicting with the Pleasant Hill 2003 General Plan or the Pleasant Hill Municipal Code. 14 Pleasant Hill Municipal Code Chapter 18.55, Zoning Ordinance. Section 18.55.070(C), Bicycle parking—Number required. 15 See, Pleasant Hill Municipal Code, Chapter 18.55, Zoning Ordinance. Section 18.55.070(D), Bicycle parking design requirements. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-17 Impact Evaluation Divide an Established Community Impact LUP-1: The proposed plan would not physically divide an established community. Construction Civic Project and Residential Project Impacts related to physical division of an established community are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project and Residential Project The Civic Project and Residential Project do not propose the type of large or linear construction that could impact mobility within an existing community and the surrounding area. Rather, the Civic Project and Residential Project would redevelop the plan area with residential, library, and park components. As described in the Pleasant Hill 2003 General Plan, the plan area is designated for semi-public and institutional, school-related, and mixed-use development. Surrounding land uses include residential neighborhoods, parks, schools, and office buildings. The Civic Project and Residential Project would result in the development of the plan area in a manner that maintains the surrounding neighborhood character and would enhance existing civic and recreational uses. Monticello Avenue and Oak Park Boulevard currently provide circulation within the City. These roadways would be improved, providing even better vehicle, bicycle, and pedestrian circulation for the established surrounding community. Therefore, the Civic Project and Residential Project would have a beneficial effect; neither the Civic Project nor the Residential Project would result in a physical division of an established community. Level of Significance No Impact (Civic Project and Residential Project) Conflict with Applicable Plans, Policies, or Regulations Impact LUP-2: The proposed plan would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Implementation of the proposed plan would result in a significant impact if it would conflict with applicable land use plans and policies of the Pleasant Hill 2003 General Plan or the Pleasant Hill Municipal Code that were adopted for the purpose of avoiding or mitigating an environmental effect. A policy inconsistency is considered a significant adverse impact only if the inconsistency would result in a significant adverse physical impact based on the established significance criterion. Consistency of the proposed plan with applicable land use plans and policies is evaluated below. Consistency with the Pleasant Hill Municipal Code with respect to protected trees are evaluated in Section 3.3, Biological Resources, and with the City’s adopted land use compatibility standards specifically with respect to noise are evaluated in Section 3.11, Noise. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-18 FirstCarbon Solutions Construction Civic Project and Residential Project Impacts related to consistency with applicable land use plans and policies are limited to operational impacts. No respective construction impacts would occur. Operation Pleasant Hill 2003 General Plan Consistency Civic Project and Residential Project The proposed changes to General Plan land use designation associated with implementation of the proposed plan are displayed in the exhibit in Chapter 2, Project Descriptions, and are as follows: Residential Project • 1750 Oak Park Boulevard (Proposed Residences) - from “Semi-Public and Institutional” to “Multifamily Very Low Density” • 1750 Oak Park Boulevard (Proposed Pocket Park) - from “Semi-Public and Institutional” to “Park” Civic Project • 1700 Oak Park Boulevard—Northern Portion (Proposed Park) - from “Mixed Use” to “Park” • 1700 Oak Park Boulevard—Southern Portion (Proposed Library) - from “Mixed Use” to “Semi-Public and Institutional” • Grayson Creek Corridor—Northern Portion - from “Mixed Use” to “Park” • Grayson Creek Corridor—Southern Portion - from “Mixed Use” to “Semi-Public and Institutional” When a plan entails an amendment to the Pleasant Hill 2003 General Plan, inconsistency with the existing designation or zoning is an element of the plan itself, which then necessitates a legislative policy decision by the agency and does not signify a potential environmental effect. As such, the proposed General Plan Amendments, if approved, would maintain consistency with the Pleasant Hill 2003 General Plan. The City would evaluate the merits of these proposed amendments as part of its review of the applications for the Civic Project and the Residential Project. As discussed under Impact LUP-1, the Civic Project and Residential Project would be compatible with the Pleasant Hill 2003 General Plan land use designations in the vicinity as well as the general development pattern of residential neighborhoods further south in the City of Walnut Creek and the educational uses to the north. Moreover, the proposed plan would be consistent with the Pleasant Hill 2003 General Plan policies adopted for the purpose of avoiding or mitigating an environmental effect (for example, the proposed plan would minimize the impacts of development on sensitive habitat as discussed further in Section 3.3, Biological Resources, and Section 3.8, Noise). City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-19 The Civic Project would be consistent with the Pleasant Hill 2003 General Plan goals and policies relative to providing access to the library and new civic uses as well as developing a key location with new playing fields and athletic facilities within the City. The Residential Project would be consistent with the Pleasant Hill 2003 General Plan goals and policies relative to housing. Table 3.9-8 summarizes consistency with applicable policies of the Pleasant Hill 2003 General Plan adopted for various land uses planning reasons, including the purpose of avoiding or mitigating an environmental effect. The analysis indicates whether a policy applies only to the Civic Project, the Residential Project, or both. Table 3.9-8: Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text Community Development 1A Encourage aesthetic enhancement of residential areas, while retaining the charm and character of individual neighborhoods. Consistent: The Residential Project would result in the construction of 34 single-family homes with seven accessory dwelling units (ADUs) that would be consistent with the suburban, residential character of the surrounding area. See Section 3.1, Aesthetics, for additional information and analysis. N/A X 4B Maintain the suburban town atmosphere of Pleasant Hill. Consistent: See consistency analysis for Community Development Policy 1A, above, and Section 3.1, Aesthetics, for additional information and analysis. X X 10A Establish secondary emergency access routes for all areas of the city currently lacking dual access. Consistent: The proposed residences would only be accessible from one roadway. As discussed in Mitigation Measure (MM) TRANS-4, the Residential Project would be required to provide two separated and approved fire apparatus access roads, or include an approved automatic sprinkler system in accordance with the 2016 California Fire Code. The Civic Project (park and library) would provide one access roadway, which, given their size and type of use, is in accordance with the 2016 California Fire Code. See Section 3.14, Transportation, for additional information and analysis. X X City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-20 FirstCarbon Solutions Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text Community Development (continued) 10B Meet City-adopted emergency response time and efficiency objectives. Consistent: The Civic Project and Residential Project would be infill developments. The plan area is well within identified boundaries of public service systems and would be able to receive public services at acceptable performance standards. See Section 3.12, Public Services, for additional information and analysis. X X 11A Ensure that basic (water, sewer, and solid waste) services are provided to proposed development, and that the provision of those services does not jeopardize service to existing uses. Consistent: The Civic Project and Residential Project would ensure the provision of essential community services and facilities to the proposed developments. See Section 3.15, Utilities and Service Systems, for additional information and analysis. X X 14A Acknowledge that access to an excellent library with standard hours of operation is a key component of quality of life in the City. Consistent: A new library is being developed as part of the Civic Project. The proposed public library would include book collection areas, indoor and outdoor gathering spaces, an idea incubator space, technology areas, a bookstore, and other space to support building operations and maintenance and would operate within the standard hours of operation. See Section 3.12, Public Services, for additional information and analysis. X N/A 17A Advocate a wide range of recreation programs for all segments of the resident and visitor population. Consistent: The Civic Project’s proposed public library and park would provide additional space for education and recreation programs that would serve all segments of the resident and visitor population. See Sections 3.12, Public Services, and 3.13, Recreation, for additional information and analysis. X N/A 21A Require reclamation of degraded streams, wetlands and riparian areas, including wildlife migration corridors, where possible in cooperation with the Flood Control District. Consistent: Within Grayson Creek, the Civic Project would upgrade existing outfalls. See Section 3.3, Biological Resources, and Section 3.8, Hydrology and Water Quality, for additional information and analysis. X N/A City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-21 Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text 22A Minimize the impacts of development on plants and animals, including sensitive habitat and migration corridors. Consistent: Both the Townsend’s big- eared bat and the pallid bat have the potential to occur on both the Civic Project site and Residential Project site due to the marginal foraging habitat present within the plan area. Additionally, birds protected under the Migratory Bird Treaty Act have the potential to occur within the plan area boundaries based on both suitable nesting and foraging habitat found within the plan area. The Western pond turtle has the potential to occur within the Civic Project site due to the marginal habitat found within Grayson Creek. As such, MM BIO-1a (Civic Project and Residential Project), MM BIO-1b (Civic Project and Residential Project), and MM BIO-1c (Civic Project only) would reduce all impacts to less than significant levels by requiring pre- construction surveys and appropriate measures if protected species are found within the plan area. X X 23A Give priority to development that incorporates energy- efficient and resource conserving design and construction. Consistent: The Civic Project and Residential Project would comply with the California Energy Code, by incorporating applicable energy efficiency features, and would incorporate landscape palettes that would include low maintenance trees. See Section 3.6, Greenhouse Gas Emissions and Energy, for additional information and analysis. X X 23B Support and expand recycling programs for residential, commercial and industrial uses, with the goal of attaining the mandated 50 percent diversion rate. Consistent: The Civic Project and Residential Project would be required to comply with all recycling mandates under State and local laws including Pleasant Hill Municipal Code, Chapter 14.40. See Section 3.15, Utilities and Service Systems, for additional information and analysis. X X 25A Pursue methods to maintain historic structures and Consistent: The City has pursued methods to maintain historic N/A X City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-22 FirstCarbon Solutions Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text appropriately designate and protect additional historic and cultural resources that may exist in the City. structures and appropriately designate and protect additional historic and cultural resources that may exist in the City. See Section 3.4, Cultural Resources, for additional information and analysis. 2D Facilitate reuse of underutilized parcels when appropriate. Consistent: The Civic Project would allow for additional, viable semi- public and institutional and recreational uses on an underutilized infill site. In addition, the Residential Project would provide additional housing in an urbanized area. See Section 3.11, Population and Housing. X X 4B Ensure that the cost of new development, including necessary public improvements, is shared equitably by project proponents. Consistent: By redeveloping a currently underutilized and partially vacant site within the City’s urbanized area, the Civic Project and the Residential Project would promote the orderly and efficient use of land. Pursuant to the signed Memorandum of Understanding between the City, County, and Recreation and Parks District (RPD), both projects would be required to satisfy all applicable standards and requirements imposed by the City with respect to infrastructure and public services. See Section 3.12, Public Services, Section 3.14, Transportation, and Section 3.15, Utilities and Service Systems, for additional information and analysis. X X Circulation 1A Maintain rights-of-way at current widths, except as necessary to relieve specific areas of congestion Consistent: The Civic Project includes infrastructure improvements to Monticello Avenue and Oak Park Boulevard. These roadway improvements would maintain the rights-of-way at current widths. See Section 3.14, Transportation, for additional information and analysis. X N/A 2A Develop a connected system of street, roads, and highways that provides continuous, safe and Consistent: One of the objectives of the Civic Project and Residential Project is to ensure development of the needed bike/pedestrian facilities, X X City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-23 Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text convenient multi-modal travel options for all types of users throughout the City. and other public roadway infrastructure to facilitate a logical and safe transportation system that balances the overall needs of vehicles, bicycle, and pedestrians in the area and address key traffic circulation issues within the plan area boundary. In addition, an upgraded traffic signal would be installed at the Oak Park Boulevard/Monticello Avenue intersection, with funding provided on a fair share basis according to each project’s trip generation and distribution. With respect to the Residential Project, the residential homes would be accessed off the internal street or smaller lanes that serve not more than six homes. The smaller lanes are organized to allow the homes to be clustered providing an intimate and less auto-centric community, while providing ample space for the volume of traffic they will serve. See Section 3.14, Transportation, for additional information and analysis. 6A Encourage use of bus and rail service for local and regional travel. Consistent: The Civic Project and Residential Project would be located adjacent to two bus stops (County Connection Bus Route No. 9). As a result, the Civic Project and Residential Project are consistent with this policy because they would be within walking distance of two bus stops and encourage the use of local bus service. See Section 3.14, Transportation, for additional information and analysis. X X 7A Maintain and upgrade the City’s bikeway system Consistent: The nearest bicycle facilities to the plan area are the EBMUD Trail, a Class 1 bike path that runs adjacent to the east boundary of the Civic Project along Grayson Creek and a Class 3 bike route along Oak Park Boulevard. Neither the X X City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-24 FirstCarbon Solutions Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text Civic Project nor the Residential Project would remove existing bicycle infrastructure. The Civic Project would include a new bicycle lane on the improved portion of Monticello Avenue. See Section 3.14, Transportation, for additional information and analysis. 8A Maintain and upgrade the City’s pedestrian system by installing or upgrading sidewalks, warning devices, crosswalks, and other pedestrian aids where appropriate, including particular consideration for the needs of pedestrians with limited mobility and/or disabilities. Consistent: Sidewalk coverage is not consistent within the plan area, and there are gaps along sections of Oak Park Boulevard, and Monticello Avenue in the immediate vicinity. The Civic Project would provide improved pedestrian facilities and pedestrian connectivity. The Residential Project would include pedestrian paths throughout the site. See consistency analysis for Circulation Policy 2A and Section 3.14, Transportation, for additional information and analysis. X X 9A Improve sidewalks to facilitate access by persons with disabilities. Consistent: To accommodate all users of the street system and provide complete and connected pedestrian facilities, the Civic Project would include sidewalk improvements within the improvements to Monticello Avenue and Oak Park Boulevard in accordance with applicable City of Pleasant Hill Standards, and the design would meet Americans with Disabilities Act (ADA) requirements. The pedestrian paths to be constructed within the Residential Project would also be developed in accordance with applicable City of Pleasant Hill Standards, and their design would meet ADA requirements. See Section 3.14, Transportation, for additional information and analysis. X X City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-25 Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text Growth Management 1A Promote orderly and efficient growth in existing urban areas and protect open space by adhering to the [City] Urban Limit Line. Consistent: By redeveloping a currently underutilized and partially vacant site within the City’s urbanized area, the Civic Project and Residential Project would promote orderly and efficient growth. X X 1B Support infill and redevelopment in existing urban areas and around key transit facilities. Consistent: See consistency analysis for Growth Management Policy 4A and 4B, and Section 3.14, Transportation, for additional information and analysis. X X 1C Strive to ensure the availability of affordable housing. Consistent: The Residential Project would include 34 single-family homes with seven accessory development units and would therefore fulfill this requirement. N/A X 2B Require that new development pay its share of costs associated with the overall growth in the region. Consistent: The Civic Project and Residential Project would be required to satisfy all applicable standards and requirements imposed by the City with respect to infrastructure and public services, including the construction or enhancement of existing facilities, and/or the payment of development fees. See Section 3.12, Public Services, and Section 3.15, Utilities and Service Systems, for additional information and analysis. X X 2C Require that all development projects comply with the City’s performance standards for fire, police, parks, water, flood control, sanitary sewer, and transportation facilities. Consistent: The Civic Project and Residential Project would be required to satisfy all applicable standards and requirements imposed by the City with respect to infrastructure, public services, and transportation facilities, including the construction or enhancement of existing facilities, and/or the payment of development fees. See Section 3.12, Public Services, Section 3.14, Transportation, and Section 3.15, Utilities and Service Systems, for additional information and analysis. X X City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-26 FirstCarbon Solutions Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text 3A Consider the needs of vehicles, bicycle, and pedestrians on all city roadways and facilities. Consistent: The Civic Project and Residential Project would be located adjacent to two bus stops (County Connection Bus Route No. 9). As a result, the Civic Project and Residential Project are consistent with this policy because they would be within walking distance of these transit connections. In addition, the nearest bicycle facilities to the plan area are the EBMUD Trail, a Class 1 bike path, runs adjacent to the east boundary of the Civic Project along Grayson Creek and a Class 3 bike route along Oak Park Boulevard. The Transportation Impact Study (TIS) concluded that the Civic Project and Residential Project could have construction-related impacts to vehicles and includes mitigation to address those potential impacts. See Section 3.14, Transportation, for additional information and analysis. X X Safety and Noise 1A Maintain and upgrade the City’s drainage system. Consistent: The Civic Project would include upgrades to three existing outfalls within Grayson Creek. See Section 3.8, Hydrology and Water Quality, for additional information and analysis. X N/A 1B Reduce flood damage potential in areas known to be prone to flooding. Consistent: See 1A above. X N/A 3A Ensure that structures are designed and located to withstand strong ground shaking, liquefaction and seismic settlement. Consistent: Structures would comply with the applicable California Building Standards Code provisions. In addition, prior to grading permits, the Civic Project and Residential Project would incorporate their respective site-specific geotechnical reports. See Section 3.5, Geology and Soils, for additional information and analysis. X X 4A Enhance the ability of the Fire District to respond to and suppress fires. Consistent: This EIR sets forth standards requiring structures and other improvements to comply with the applicable California Building X X City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-27 Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text Standards Code provisions related to fire safety. In addition, the plan area is within an urbanized area and is 0.75 mile from the nearest fire station. See Section 3.12, Public Services, for additional information and analysis. 6A Assist in the protection and monitoring of water quality. Consistent: The Civic Project and Residential Project would implement applicable stormwater pollution prevention measures to protect water quality. See Section 3.18, Hydrology and Water Quality, for additional information and analysis. X X 7A Require new development projects to be designed and constructed to meet acceptable noise level standards adopted by the City. Consistent: Both the Civic Project and Residential Project are designed to meet acceptable noise level standards adopted the City. The Residential Project includes additional sound attenuation for homes along Oak Park Boulevard, as identified in Section 3.10, Noise. With mitigation, neither the Civic Project nor the Residential Project would result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. See Section 3.10, Noise, for additional information and analysis. X X 7B Evaluate the noise impacts of development based on the potential for significant increases in noise levels, in addition to acceptability standards. Consistent: This EIR includes a noise analysis for construction and operation. Where necessary, mitigation measures were identified to ensure the projects would not result in permanent increases in ambient noise levels due to plan-related traffic noise sources or stationary noise sources in excess of established standards. Section 3.10, Noise, for additional information and analysis. X X 8A Promote measures that improve air quality and help meet air quality attainment standards. Consistent: This EIR includes an air quality analysis for construction and operation. Where necessary, mitigation measures were identified X X City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-28 FirstCarbon Solutions Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text for each project to reduce emissions to the extent feasible. See Section 3.2, Air Quality, for additional information and analysis. 8B Minimize the air quality impacts of vehicle emissions, and promote the use of clean alternative fuels. Consistent: This EIR includes an air quality analysis for construction and operational emissions, as well as an analysis of energy usage for the Civic Project and Residential Project. Where necessary, mitigation measures are identified for each project to reduce emissions energy usage to the extent feasible. See Section 3.2, Air Quality, and Section 3.6, Greenhouse Gas Emissions and Energy, for additional information and analysis. X X 8C Encourage use of electric (rather than gasoline- powered) equipment and natural gas appliances, including outdoor grills. Consistent: The Civic Project and Residential Project would comply with the California Energy Code, by incorporating applicable energy efficiency features designed to reduce energy consumption. See Section 3.6, Greenhouse Gas Emissions and Energy, for additional information and analysis. X X Housing 1B Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs. Consistent: The Residential Project site (currently zoned “Single Family” [R10]) would be rezoned to a Planned Unit Development to provide a range of home types within the plan area. This proposed zoning would allow for residential uses and would not conflict with the City’s goal of maintaining land with appropriate zoning for residential uses. N/A X 2A Allow a variety of housing types to be built on residential sites. Consistent: The Residential Project would include a variety of housing types built on a residential site. See Section 3.11, Population and Housing, for additional information and analysis. N/A X 2D Encourage mixed-use development at underutilized sites, where appropriate. Consistent: Implementation of the proposed plan would redevelop a currently underutilized and partially X X City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-29 Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text vacant site with a mix of uses including residential, recreational, and semi- public and institutional uses. 3A Facilitate construction of affordable housing by favoring new projects that include units for lower-income segments of the community. Consistent: The Residential Project includes 34 single-family homes with seven accessory dwelling units and would therefore fulfill that requirement and help the City in providing affordable housing. N/A X 3B Look for opportunities to promote the development of housing affordable and available to those who work in Pleasant Hill. Consistent: See consistency analysis for Housing Policy 3A and Section 3.11, Population and Housing, for additional information and analysis. N/A X 5C Ensure that new residential development is compatible with surrounding neighborhoods. Consistent: As shown in Table 3.9-1, the plan area is surrounded by single- family residential uses to the west, north, east, and south. Therefore, the proposed residential uses would be compatible with the surrounding residential neighborhoods. N/A X 5E Provide public services and improvements that keep neighborhoods safe and livable. Consistent: By redeveloping a currently underutilized and partially vacant site within the City’s urbanized area, the Civic Project and Residential Project promote the orderly and efficient use of land. The Civic Project and Residential Project would also be required to satisfy all applicable standards and requirements imposed by the City with respect to infrastructure and public services. See Section 3.12, Public Services, and Section 3.15, Utilities and Service Systems, for additional information and analysis. X X 8A Encourage energy conservation practices for new and existing residential dwellings. Consistent: The Civic Project and Residential Project would comply with the California Energy Code by incorporating applicable energy efficiency features such as incorporating a landscape palette that would include low maintenance trees, designed to reduce energy X X City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-30 FirstCarbon Solutions Table 3.9-8 (cont.): Pleasant Hill 2003 General Plan Consistency Analysis Element Goal/Objective/Policy Consistency Determination Civic Project Residential Project No. Text consumption. See Section 3.6, Greenhouse Gas Emissions and Energy, for additional information and analysis. 8B Encourage the use of green building and sustainable practices for new and renovation projects throughout the City. Consistent: The Civic Project and Residential Project would comply with the California Green Buildings Standards Code. Furthermore, this EIR includes an analysis of compliance with energy efficiency standards, which include the use of green building and sustainable practices. Where necessary, mitigation measures are identified to require the use of green building and sustainable practices. See Section 3.6, Greenhouse Gas Emissions and Energy, for additional information and analysis. X X Source: Pleasant Hill 2003 General Plan. Compiled by FCS 2019. As shown in Table 3.9-8, the proposed plan is consistent with all applicable Pleasant Hill 2003 General Plan policies. The City would adopt the proposed plan to guide future development within the plan area. The proposed plan describes the distribution, location, and extent of land uses (including open space). Pursuant to the proposed plan, the Civic Project and Residential Project include building standards and design criteria (including landscaped areas); see Table 3.9-4 (proposed park), Table 3.9-5 (proposed library), 3.9-6 (development standards for the Residential Project) and Table 3.9-7 (parking and loading development standards for the Residential Project) as well as a land use regulation schedule for both the Civic Project and Residential Project; see Table 3.9-3. The land use schedule generally defines the permitted, conditional, and temporary and accessory uses within the area covered by the proposed plan. Adherence to the policies set forth in the proposed plan and review of the proposed plan by the Architectural Review Commission and the Planning Commission prior to approval would ensure compatibility with community standards. Pleasant Hill Municipal Code—Zoning Ordinances Consistency Civic Project The Civic Project site is zoned “PUD 410” (Planned Unit District) to the east of Monticello Avenue and a portion of the MDUSD-owned property to the north (APN 149-230-008) is also zoned “PUD 410.” The City would amend the zoning map and rezone the entire area to a new PUD to be consistent with the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Land Use and Planning FirstCarbon Solutions 3.9-31 proposed plan. Rezoning the Civic Project site would allow flexibility in zoning administration while ensuring compatibility among new land uses with the surrounding land uses and allow the Civic Project site to accommodate the proposed library and park uses. By complying with the proposed plan, impacts related to consistency with Pleasant Hill Municipal Code ordinances adopted for the purpose of avoiding or mitigating an environmental effect would be less than significant. Residential Project The Residential Project site is zoned “R10” (Single Family—10,000-square-foot lots). The City would amend the zoning map and rezone the Residential Project site to a new PUD to be consistent with the proposed plan. Rezoning the site would allow flexibility in zoning administration while ensuring compatibility among new land uses with the surrounding land uses and allow the Residential Project site to accommodate the proposed residences. By complying with the proposed plan, impacts related to consistency with Pleasant Hill Municipal Code ordinances adopted for the purpose of avoiding or mitigating an environmental effect would be less than significant. Bicycle Parking Civic Project and Residential Project Bicycle parking would be provided pursuant to the proposed plan and would be compliant with the regulations set forth in Section 18.55.070(B-D) of the Pleasant Hill Municipal Code. Overall, the implementation of the proposed plan would not conflict with applicable land use plans, policies, or regulations of the Pleasant Hill 2003 General Plan or the Pleasant Hill Municipal Code that were adopted for the purpose of avoiding or mitigating an environmental effect. Therefore, impacts would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 3.9.5 - Cumulative Impacts The geographic scope of the cumulative land use analysis is the plan area and its vicinity within the City of Pleasant Hill and its Sphere of Influence. The following discussion evaluates whether the proposed plan, in combination with other cumulative projects, as listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, would divide an established community or conflict with a land use plan, policy, or regulation that were adopted for the purpose of avoiding or mitigating an environmental effect. Divide a Community The implementation of the proposed plan in conjunction with the cumulative projects listed in Table 3-1 would result in the development of commercial, educational, recreational, civic, and residential land uses. These projects do not propose the type of large or linear construction that could impact mobility within an existing community and the surrounding area and would occur in an urban environment. As such, in conjunction with other cumulative projects, there would be a less than significant cumulative impact with respect to dividing an existing community. City of Pleasant Hill—Oak Park Properties Specific Plan Land Use and Planning Draft EIR 3.9-32 FirstCarbon Solutions Conflict with Land Use Plan, Policy, or Regulation Land use decisions for both the proposed plan and for the other cumulative projects listed in Table 3-1 are made at the City level. Development within the City of Pleasant Hill is governed by the Pleasant Hill 2003 General Plan and the Pleasant Hill Municipal Code, which ensure logical and orderly land use development and require discretionary review to ensure that projects do not result in land use environmental impacts due to inconsistency with the Pleasant Hill 2003 General Plan and other regulations. Cumulative development projects in the City of Pleasant Hill would be required to demonstrate consistency with the Pleasant Hill 2003 General Plan and applicable codes, ordinances, and policies. This would ensure that these projects comply with applicable planning regulations. The proposed plan has been determined to be consistent with the City’s policy. The proposed plan, in conjunction with other cumulative projects, would have less than significant cumulative impact with respect to conflicting with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-1 3.10 - Noise 3.10.1 - Introduction This section describes the existing conditions related to noise and vibration in the Specific Plan area (plan area) as well as the regulatory framework. This section also evaluated the possible impacts related to noise and vibration that could result from implementation of the Specific Plan (proposed plan). Information included in this section is based on the Pleasant Hill 2003 General Plan, the traffic analysis report included in Appendix J, and noise modeling results (noise modeling data is provided in Appendix I). The following comments were received during the Environmental Impact Report (EIR) scoping period related to noise and are addressed in this analysis: • Construction noise impacts should be analyzed; and • Noise impacts from the proposed sports fields should be analyzed. 3.10.2 - Environmental Setting Characteristics of Noise Noise is generally defined as unwanted or objectionable sound. Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. The effects of noise on people can include general annoyance, interference with speech communication, sleep disturbance, and in the extreme, hearing impairment. Noise effects can be caused by pitch or loudness. Pitch is the number of complete vibrations or cycles per second of a wave that result in the range of tone from high to low; higher-pitched sounds are louder to humans than lower-pitched sounds. Loudness is the intensity or amplitude of sound. Several noise measurement scales exist that are used to describe noise in a particular location. A decibel (dB) is a unit of measurement that indicates the relative intensity of a sound. The zero point on the dB scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Changes of 3 dB or less are typically, only perceptible in laboratory environments. Audible increases in noise levels generally refer to a change of 3 dB or more, as this level has been found to be barely perceptible to the human ear in outdoor environments. Sound levels in dB are calculated on a logarithmic basis. An increase of 10 dB represents a 10-fold increase in acoustic energy, while 20 dB is 100 times more intense, and 30 dB is 1,000 times more intense. Each 10 dB increase in sound level is perceived as approximately a doubling of loudness. Only audible changes in existing ambient or background noise levels are considered potentially significant as described more fully below, pursuant to applicable noise standards. As noise spreads from a source, it loses energy so that the farther away the noise receiver is from the noise source, the lower the perceived noise level. Noise levels diminish or attenuate as distance from the source increases based on an inverse square rule, depending on how the noise source is physically configured. Noise levels from a single-point source, such as a single piece of construction equipment at ground level, attenuate at a rate of 6 dB for each doubling of distance (between the single-point source of noise and the noise-sensitive receptor of concern). Heavily traveled roads City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-2 FirstCarbon Solutions with few gaps in traffic behave as continuous line sources and attenuate roughly at a rate of 3 dB per doubling of distance. Sound intensity is normally measured through the A-weighted sound level (dBA). This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Table 3.10-1 shows some representative noise sources and their corresponding noise levels in dBA. Table 3.10-1: Typical A-Weighted Noise Levels Indoor Noise Source Noise Level (dBA) Outdoor Noise Sources (Threshold of Hearing in Laboratory) 0 — Library 30 Quiet Rural Nighttime Refrigerator Humming 40 Quiet Suburban Nighttime Quiet Office 50 Quiet Urban Daytime Normal Conversation at 3 feet 60 Normal Conversation at 3 feet Vacuum Cleaner at 10 feet 70 Gas Lawn Mower at 100 feet Hair Dryer at 1 foot 80 Freight Train at 50 feet Food Blender at 3 feet 90 Heavy-duty Truck at 50 feet Inside Subway Train (New York) 100 Jet Takeoff at 2,000 feet Smoke Detector Alarm at 3 feet 110 Unmuffled Motorcycle Rock Band near stage 120 Chainsaw at 3 feet — 130 Military Jet Takeoff at 50 feet — 140 (Threshold of Pain) Source: Compiled by FirstCarbon Solutions (FCS) 2018. Noise Descriptors There are many ways to rate noise for various time periods, but an appropriate rating of ambient noise affecting humans also accounts for the annoying effects of sound, including during sensitive times of the day and night. The predominant rating scales in the State of California are the equivalent continuous sound level (Leq), the day-night average level (Ldn) based on dBA, and the community noise equivalent level (CNEL). The Leq is the total sound energy of time-varying noise over a sample period. The Ldn is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over 24 hours. The time of day corrections require the addition of 10 decibels to sound levels at night between 10:00 p.m. and 7:00 a.m. The CNEL is similar to the Ldn, except that it has another addition of 4.77 dB to sound levels during the evening hours between 7:00 p.m. and 10:00 p.m. These additions are made to the sound levels during evening and nighttime hours because there is a decrease in the ambient noise levels, which creates an increased sensitivity to sounds compared with daytime hours. Many local jurisdictions rely on the CNEL noise standard to assess transportation-related impacts on noise-sensitive land uses. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-3 Noise standards in terms of percentile exceedance levels, Ln, are often used together with the maximum noise level (Lmax) for noise enforcement purposes. When specified, the percentile exceedance levels are not to be exceeded by an offending sound over a stated time period. For example, the L10 noise level represents the level exceeded 10 percent of the time during a stated period. The L50 noise level represents the median noise level (which means that the noise level exceeds the L50 noise level half of the time, and is less than this level half of the time). The L90 noise level represents the noise level exceeded 90 percent of the time, and is considered the lowest noise level experienced during a monitoring period. The L90 noise level is normally referred to as the background noise level. For a relatively steady noise, the measured Leq and L50 are approximately the same. When assessing the annoyance factor, other noise rating scales of importance include the Lmax, which is the highest exponential time averaged sound level that occurs during a stated time period. Lmax reflects peak operating conditions and addresses the annoying aspects of intermittent noise. Noise Propagation From the noise source to the receiver, noise changes both in level and frequency spectrum. The most obvious is the decrease in noise as the distance from the source increases. The manner in which noise reduces with distance depends on whether the source is a point or line source, as well as ground absorption, atmospheric conditions (wind, temperature gradients, and humidity) and refraction, and shielding by natural and manmade features. Sound from point sources, such as an air conditioning condenser, a piece of construction equipment, or an idling truck, radiates uniformly outward as it travels away from the source in a spherical pattern. The attenuation or sound drop-off rate is dependent on the conditions of the land between the noise source and receiver. To account for this ground-effect attenuation (absorption), two types of site conditions are commonly used in noise models: soft-site and hard-site conditions. Soft-site conditions account for the sound propagation loss over natural surfaces such as normal earth and ground vegetation. For point sources, a drop-off rate of 7.5 dBA per each doubling of the distance (dBA/DD) is typically observed over soft ground with landscaping, as compared with a 6 dBA/DD drop-off rate over hard ground such as asphalt, concrete, stone and very hard packed earth. For line sources, such as traffic noise on a roadway, a 4.5 dBA/DD is typically observed for soft-site conditions compared to the 3 dBA/DD drop-off rate for hard-site conditions. Table 3.10-2 briefly defines these measurement descriptors and other sound terminology used in this section. Table 3.10-2: Sound Terminology Term Definition Sound A vibratory disturbance created by a vibrating object which, when transmitted by pressure waves through a medium such as air, can be detected by a receiving mechanism such as the human ear or a microphone. Noise Sound that is loud, unpleasant, unexpected, or otherwise undesirable. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-4 FirstCarbon Solutions Table 3.10-2 (cont.): Sound Terminology Term Definition Ambient Noise The composite of noise from all sources near and far in a given environment. Decibel (dB) A unitless measure of sound on a logarithmic scale, which represents the squared ratio of sound-pressure amplitude to a reference sound pressure. The reference pressure is 20 micropascals, representing the threshold of human hearing (0 dB). A-Weighted Decibel (dBA) An overall frequency-weighted sound level that approximates the frequency response of the human ear. Equivalent Noise Level (Leq) The average sound energy occurring over a specified time period. In effect, Leq is the steady-state sound level that in a stated period would contain the same acoustical energy as the time-varying sound that actually occurs during the same period. Maximum and Minimum Noise Levels (Lmax and Lmin) The maximum or minimum instantaneous sound level measured during a measurement period. Day-Night Level (DNL or Ldn) The energy average of the A-weighted sound levels occurring during a 24-hour period, with 10 dB added to the A-weighted sound levels occurring between 10:00 p.m. and 7:00 a.m. (nighttime). Community Noise Equivalent Level (CNEL) The energy average of the A-weighted sound levels occurring during a 24-hour period, with 5 dB added to the A-weighted sound levels occurring between 7:00 p.m. and 10:00 p.m. and 10 dB added to the A- weighted sound levels occurring between 10:00 p.m. and 7:00 a.m. Source: Data compiled by FCS 2018. Traffic Noise The level of traffic noise depends on the three primary factors: (1) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater number of trucks. Vehicle noise is a combination of the noise produced by the engine, exhaust, and tires. Because of the logarithmic nature of noise levels, a doubling of the traffic volume (assuming that the speed and truck mix do not change) results in a noise level increase of 3 dBA. Based on the Federal Highway Administration (FHWA) community noise assessment criteria, this change is “barely perceptible”; for reference, a doubling of perceived noise levels would require an increase of approximately 10 dBA. The truck mix on a given roadway also has an effect on community noise levels. As the number of heavy trucks increases and becomes a larger percentage of the vehicle mix, adjacent noise levels increase. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-5 Stationary Noise A stationary noise producer is any entity in a fixed location that emits noise. Examples of stationary noise sources include machinery, engines, energy production, and other mechanical or powered equipment and activities such as loading and unloading or public assembly that may occur at commercial, industrial, manufacturing, or institutional facilities. Furthermore, while noise generated by the use of motor vehicles over public roads is preempted from local regulation, although the use of these vehicles is considered a stationary noise source when operated on private property such as at a construction site, a truck terminal, or warehousing facility. The emitted noise from the producer can be mitigated to acceptable levels either at the source or on the adjacent property through the use of proper planning, setbacks, block walls, acoustic-rated windows, dense landscaping, or by changing the location of the noise producer. The effects of stationary noise depend on factors such as characteristics of the equipment and operations, distance and pathway between the noise generator and receptor, and weather. Stationary noise sources may be regulated at the point of manufacture (e.g., equipment or engines), with limitations on the hours of operation, or with provision of intervening structures, barriers or topography. Construction Noise Fundamentals Construction is performed in discrete steps or phases, each of which has its own mix of equipment, and consequently, its own noise characteristics. Typical phases of construction include demolition, excavation, grading, and building construction. These various concurrent and sequential phases would change the character of the noise generated on each construction site and, therefore, would change the noise levels as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction related noise ranges to be categorized by work phase. Construction-period noise levels are higher than background ambient noise levels, but eventually cease once construction is complete. Table 3.10-3 shows typical noise levels of construction equipment as measured at a distance of 50 feet from the operating equipment. Table 3.10-3: Typical Construction Equipment Maximum Noise Levels, Lmax Type of Equipment Specification Maximum Sound Levels for Analysis (dBA at 50 feet) Impact Pile Driver 95 Auger Drill Rig 85 Vibratory Pile Driver 95 Jackhammers 85 Pneumatic Tools 85 Pumps 77 Scrapers 85 Cranes 85 Portable Generators 82 City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-6 FirstCarbon Solutions Table 3.10-3 (cont.): Typical Construction Equipment Maximum Noise Levels, Lmax Type of Equipment Specification Maximum Sound Levels for Analysis (dBA at 50 feet) Rollers 85 Dozers 85 Tractors 84 Front-End Loaders 80 Backhoe 80 Excavators 85 Graders 85 Air Compressors 80 Dump Truck 84 Concrete Mixer Truck 85 Pickup Truck 55 Source: FHWA 2018. Highway Construction Noise Handbook, September 2018. Noise from Multiple Sources Because sound pressure levels in decibels are based on a logarithmic scale, they cannot be added or subtracted in the usual arithmetical way. Therefore, sound pressure levels in decibels are logarithmically added on an energy summation basis. In other words, adding a new noise source to an existing noise source, both producing noise at the same level, will not double the noise level. Instead, if the difference between two noise sources is 10 dBA or more, the louder noise source will dominate and the resultant noise level will be equal to the noise level of the louder source. In general, if the difference between two noise sources is 0 dBA to 1 dBA, the resultant noise level will be 3 dBA higher than the louder noise source, or both sources if they are equal. If the difference between two noise sources is 2 dBA to 3 dBA, the resultant noise level will be 2 dBA above the louder noise source. If the difference between two noise sources is 4 dBA to 10 dBA, the resultant noise level will be 1 dBA higher than the louder noise source. Characteristics of Vibration Groundborne vibration consists of rapidly fluctuating motion through a solid medium, specifically the ground, that has an average motion of zero and in which the motion’s amplitude can be described in terms of displacement, velocity, or acceleration. The effects of groundborne vibration typically only causes a nuisance to people, but in extreme cases, excessive groundborne vibration has the potential to cause structural damage to buildings. Although groundborne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. Groundborne noise is an effect of groundborne vibration and City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-7 since it is produced from noise radiated from the motion of the walls and floors of a room, it only exists indoors and may consist of the rattling of windows or dishes on shelves. Several different methods are used to quantify vibration amplitude such as the maximum instantaneous peak in the vibrations velocity, which is known as the peak particle velocity (PPV) or the root mean square (rms) amplitude of the vibration velocity. Because of the typically small amplitudes of vibrations, vibration velocity is often expressed in decibels—denoted as LV—and is based on the reference quantity of 1 micro inch per second (inch/second). To distinguish vibration levels expressed in decibels from noise levels expressed in decibels, the unit is written as “VdB.” Although groundborne vibration can be felt outdoors, it is typically only an annoyance to people indoors where the associated effects of the shaking of a building can be notable. When assessing annoyance from groundborne vibration, vibration is typically expressed as rms velocity in units of decibels of 1 micro-inch/second, with the unit written in VdB. Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. Human perception to vibration starts at levels as low as 67 VdB. Annoyance due to vibration in residential settings starts at approximately 70 VdB. In extreme cases, excessive groundborne vibration has the potential to cause structural damage to buildings. Common sources of groundborne vibration include construction activities such as blasting, pile driving and operating heavy earthmoving equipment. However, construction vibration impacts on building structures are generally assessed in terms of PPV. For purposes of this analysis, plan-related impacts are expressed in terms of PPV. Typical vibration source levels from construction equipment are shown in Table 3.10-4. Table 3.10-4: Vibration Levels of Construction Equipment Construction Equipment PPV at 25 Feet (inches/second) rms Velocity in Decibels (VdB) at 25 Feet Water Trucks 0.001 57 Scraper 0.002 58 Bulldozer–small 0.003 58 Jackhammer 0.035 79 Concrete Mixer 0.046 81 Concrete Pump 0.046 81 Paver 0.046 81 Pickup Truck 0.046 81 Auger Drill Rig 0.051 82 Backhoe 0.051 82 Crane (Mobile) 0.051 82 Excavator 0.051 82 Grader 0.051 82 City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-8 FirstCarbon Solutions Table 3.10-4 (cont.): Vibration Levels of Construction Equipment Construction Equipment PPV at 25 Feet (inches/second) rms Velocity in Decibels (VdB) at 25 Feet Loader 0.051 82 Loaded Trucks 0.076 86 Bulldozer–Large 0.089 87 Caisson drilling 0.089 87 Vibratory Roller (small) 0.101 88 Compactor 0.138 90 Clam shovel drop 0.202 94 Vibratory Roller (large) 0.210 94 Pile Driver (impact-typical) 0.644 104 Pile Driver (impact-upper range) 1.518 112 Source: Compilation of scientific and academic literature, generated by the Federal Transit Administration (FTA) and FHWA. The propagation of groundborne vibration is not as simple to model as airborne noise. This is because noise in the air travels through a relatively uniform medium, while groundborne vibrations travel through the earth, which may contain significant geological differences. Factors that influence groundborne vibration include: • Vibration source: Type of activity or equipment, such as impact or mobile, and depth of vibration source; • Vibration path: Soil type, rock layers, soil layering, depth to water table, and frost depth; and • Vibration receiver: Foundation type, building construction, and acoustical absorption. Among these factors that influence groundborne vibration, there are significant differences in the vibration characteristics when the source is underground compared to at the ground surface. In addition, soil conditions are known to have a strong influence on the levels of groundborne vibration. Among the most important factors are the stiffness and internal damping of the soil and the depth to bedrock. Vibration propagation is more efficient in stiff clay soils than in loose sandy soils, and shallow rock seems to concentrate the vibration energy close to the surface, and can result in groundborne vibration problems at large distance from the source. Factors such as layering of the soil and depth to the water table can have significant effects on the propagation of groundborne vibration. Soft, loose, sandy soils tend to attenuate more vibration energy than hard, rocky materials. Vibration propagation through groundwater is more efficient than through sandy soils. There are three main types of vibration propagation: surface, compression, and shear waves. Surface waves, or Rayleigh waves, travel along the ground’s surface. These waves carry most of their City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-9 energy along an expanding circular wave front, similar to ripples produced by throwing a rock into a pool of water. P-waves, or compression waves, are body waves that carry their energy along an expanding spherical wave front. The particle motion in these waves is longitudinal (i.e., in a “push- pull” fashion). P-waves are analogous to airborne sound waves. S-waves, or shear waves, are also body waves that carry energy along an expanding spherical wave front. However, unlike P-waves, the particle motion is transverse, or side-to-side and perpendicular to the direction of propagation. As vibration waves propagate from a source, the vibration energy decreases in a logarithmic nature and the vibration levels typically decrease by 6 VdB per doubling of the distance from the vibration source. As stated above, this drop-off rate can vary greatly depending on the soil type, but it has been shown to be effective enough for screening purposes, in order to identify potential vibration impacts that may need to be studied through actual field tests. The vibration level (calculated below as “PPV”) at a distance from a point source can generally be calculated using the vibration reference equation: PPV= PPV ref * (25/D)^n (inch/second) Where: PPV = reference measurement at 25 feet from vibration source D = distance from equipment to property line n= vibration attenuation rate through ground According to Section 7 of the FTA Transit Noise and Vibration Impact Assessment Manual (FTA 2018), an “n” value of 1.5 is recommended to calculate vibration propagation through typical soil conditions.1 Existing Noise Levels Ambient Noise The existing noise environment in the vicinity of the plan area was documented through a noise monitoring effort performed by FCS in July 2018. Noise monitoring locations are shown in Exhibit 3.10-1, and the noise measurement data sheets are contained in Appendix H. A total of three short- term noise measurements were taken. These measurements provide a baseline for any potential noise impacts that may be created from development of the proposed plan. Short-term Noise Measurements Short-term noise monitoring was conducted on Tuesday, July 10, 2018, between 1:52 p.m. and 3:01 p.m. The noise measurements were taken during the midday hours as the midday hours typically have the highest daytime noise levels in urban environments. At the start of the noise monitoring, the sky was clear with average wind speeds of 1.9 miles per hour (mph). The field survey noted that noise in the vicinity of the plan area is generally characterized by traffic traveling along local roadways. The short-term measurement results are summarized in Table 3.10-5. 1 Federal Transit Administration (FTA). Transit Noise and Vibration Impact Assessment. September 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-10 FirstCarbon Solutions Table 3.10-5: Existing Noise Level Measurements in the Vicinity of the Plan Area Site ID # Description Leq Lmin Lmax ST-1 On the plan area’s southeastern corner, approximately 100 feet north of Oak Park Boulevard 48.2 43.0 59.0 ST-2 Approximately 30 feet southwest from the center of the Santa Barbara Road and Monticello Avenue intersection 51.1 46.9 63.3 ST-3 Approximately 100 feet northeast from the center of the Oak Park Boulevard and Monte Cresta Avenue intersection 58.8 48.2 73.8 Note: The Site ID corresponds to locations shown in Exhibit 3.10-1. Source: FCS 2018. Long-term Noise Measurements The dominant noise source within the vicinity of the plan area is traffic on local roadways; therefore, no long-term noise measurement is needed to determine existing noise levels within the plan area. Traffic Noise In addition to the ambient noise measurements, existing traffic noise on local roadways in the areas surrounding the plan area was calculated to quantify existing traffic noise levels, based on the existing traffic volumes included in Appendix J. Existing traffic noise levels along selected roadway segments in the vicinity of the plan area were modeled using the FHWA Traffic Noise Prediction Model (FHWA-RD-77-108). Site-specific information is entered, such as roadway traffic volumes, roadway active width, source-to-receiver distances, travel speed, noise source and receiver heights, and the percentages of automobiles, medium trucks, and heavy trucks that the traffic is made up of throughout the day, amongst other variables. The modeled average daily traffic (ADT) volumes were obtained by multiplying the AM peak-hour intersection traffic volumes from the plan-specific traffic study by a factor of eight (Fehr & Peers 2018). The model inputs and outputs, including the 60 dBA, 65 dBA, and 70 dBA Ldn traffic noise contour distances, are provided in Appendix I. A summary of the modeling results are shown in Table 3.10-6. The modeling results show that existing traffic noise levels on roadway segments adjacent to the plan area range up to 63.7 dBA CNEL as measured at 50 feet from the centerline of the outermost travel lane. Table 3.10-6: Existing Traffic Noise Levels in the Vicinity of the Plan Area Roadway Segment CNEL (dBA) 50 feet from Centerline of Outermost Lane ADT Centerline to 70 CNEL (feet) Centerline to 65 CNEL (feet) Centerline to 60 CNEL (feet) CNEL (dBA) 50 feet from Centerline of Outermost Lane Oak Park Boulevard—Monte Cresta Avenue to Monticello Avenue 8,400 < 50 < 50 74 61.8 Oak Park Boulevard—Monticello Avenue to Manor Avenue 12,800 < 50 < 50 98 63.7 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-11 Table 3.10-6 (cont.): Existing Traffic Noise Levels in the Vicinity of the Plan Area Roadway Segment CNEL (dBA) 50 feet from Centerline of Outermost Lane ADT Centerline to 70 CNEL (feet) Centerline to 65 CNEL (feet) Centerline to 60 CNEL (feet) CNEL (dBA) 50 feet from Centerline of Outermost Lane Monte Cresta Avenue—Santa Barbara Road to Oak Park Boulevard 1,700 < 50 < 50 < 50 53.0 Santa Barbara Road—Monte Cresta Avenue to Monticello Avenue 1,800 < 50 < 50 < 50 53.3 Monticello Avenue—Santa Barbara Road to Future Driveway 3,800 < 50 < 50 < 50 56.5 Monticello Avenue—Future Driveway to Oak Park Boulevard 4,100 < 50 < 50 < 50 56.9 Notes: Modeling results do not take into account mitigating features such as topography, vegetative screening, fencing, building design, or structure screening. Rather, they assume a reasonable worst-case of having a direct line of site on flat terrain. ADT = Average Daily Traffic Source: FCS 2018. Existing Stationary Noise Levels Commercial and residential land uses near the plan area generate noise from typical parking lot activities, rooftop mechanical ventilation systems, and landscaping and maintenance equipment activities. These activities are point sources of noise that affect the existing noise environment. Parking lot activities, such as small delivery vehicle loading/unloading and engines starting or doors shutting, typically generate approximately 60 dBA to 70 dBA Lmax at 50 feet. To the north of the proposed park is the Pleasant Hill Middle School with associated recreational facilities. The primary stationary noise sources associated with this land use include parking lot activities and outdoor recreational activities. The East Bay Municipal Utilities District (EBMUD) trail is located adjacent to the eastern border of the plan area; primary noise from this source is from trail users conversing. The existing ambient noise measurements results range from approximately 59 dBA to 74 dBA Lmax, which is representative of the daytime noise levels experienced from these types of activities near the plan area. Noise-Sensitive Land Uses Noise-sensitive land uses generally consist of those uses where exposure to noise would result in adverse effects, as well as uses for which quiet is an essential element of their intended purpose. Residential dwellings are of primary concern, because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Other typical noise-sensitive land uses include hospitals, convalescent facilities, hotels, religious institutions, libraries, and other uses where low noise levels are essential. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-12 FirstCarbon Solutions Proximate to Plan Area Noise-sensitive land uses in the vicinity of the plan area include single-family residential buildings located immediately south of Oak Park Boulevard and east of the plan area. The adjacent neighborhoods to the south and east contain predominately low-density residential. Pleasant Hill Middle School buildings are also located approximately 530 feet north of the plan area boundary, across the Middle School field. Plan Area Noise–sensitive land uses within the plan area include the existing library. 3.10.3 - Regulatory Framework Federal Regulations The adverse impact of noise was officially recognized by the federal government in the Noise Control Act of 1972, which serves three purposes: • Promulgating noise emission standards for interstate commerce • Assisting state and local abatement efforts • Promoting noise education and research The Federal Office of Noise Abatement and Control (ONAC) was initially tasked with implementing the Noise Control Act. However, the ONAC has since been eliminated, leaving the development of federal noise policies and programs to other federal agencies and interagency committees. Among the agencies now regulating noise are the United States Department of Transportation (DOT), which assumed a significant role in noise control through its various operating agencies; and the Federal Aviation Administration (FAA), which regulates noise of aircraft and airports. Surface transportation system noise is regulated by a host of agencies, including the FTA. Since the federal government has preempted the setting of standards for noise levels that can be emitted by transportation sources, local jurisdictions are limited to regulating the noise generated by the transportation system through nuisance abatement ordinances and land use planning. The federal government actively advocates that local jurisdictions use their land use regulatory authority to arrange new development in such a way that “noise sensitive” uses are either prohibited from being sited adjacent to a highway, or alternatively, that developments are planned and constructed in such a manner that minimize potential noise impacts. Federal Transit Administration The FTA has established industry-accepted standards for vibration impact criteria and impact assessment. These guidelines are published in the FTA’s Transit Noise and Vibration Impact Assessment Manual (FTA 2018). The FTA guidelines include thresholds for construction vibration impacts for various structural categories, as shown in Table 3.10-7. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-13 Table 3.10-7: Federal Transit Administration Construction Vibration Impact Criteria Building Category PPV (inch/second) Approximate VdB I. Reinforced—Concrete, Steel or Timber (no plaster) 0.5 102 II. Engineered Concrete and Masonry (no plaster) 0.3 98 III. Non-engineered Timber and Masonry Buildings 0.2 94 IV. Buildings Extremely Susceptible to Vibration Damage 0.12 90 Source: FTA 2018. State California General Plan Guidelines Established in 1973, the California Department of Health Services Office of Noise Control was instrumental in developing regularity tools to control and abate noise for use by local agencies. One significant model is the “Land Use Compatibility for Community Noise Environments Matrix,” which allows the local jurisdiction to delineate compatibility of sensitive uses with various incremental levels of noise.2 Government Code Section 65302 mandates that the legislative body of each county and city in California adopt a noise element as part of its comprehensive general plan. The local noise element must recognize the land use compatibility guidelines published by the State Department of Health Services. The guidelines rank noise/land use compatibility in terms of normally acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable. The proposed plan is also subject to review under the State of California Environmental Quality Act (CEQA). Appendix G of the CEQA Guidelines provides impact thresholds for potential noise and vibration impacts. California Building Standards Code The State of California has established regulations that help prevent adverse impacts to occupants of buildings located near noise sources. Referred to as the “State Noise Insulation Standard,” it requires buildings to meet performance standards through design and/or building materials that would help to reasonably offset any significant noise source in the vicinity of the receptor. The State of California has established noise insulation standards for new hotels, motels, apartment houses, and dwellings (other than single-family detached housing). These requirements are provided in the 2016 California Building Standards Code (CBC) (California Code of Regulations [CCR] Title 24).3 As provided in the CBC, the noise insulation standards set forth an interior standard of 45 dBA CNEL as measured from within the structure’s interior. When such structures are located within a 65-dBA CNEL (or greater) exterior noise contour associated with a traffic noise along a roadway, an acoustical analysis is required to ensure that interior levels do not exceed the 45-dBA CNEL threshold. Title 24 standards are typically enforced by local jurisdictions through the building permit application process. 2 California Department of Health, Office of Noise Control, “Land Use Compatibility for Community Noise Environments Matrix,” 1976. 3 California Building Standards Commission. 2017. California Building Standards Code (CCR Title 24), January 1. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-14 FirstCarbon Solutions For limiting noise transmitted between adjacent dwelling units, the noise insulation standards specify the extent to which walls, doors, and floor-ceiling assemblies must block or absorb sound. For limiting noise from exterior noise sources, the noise insulation standards set an interior standard of 45 dBA CNEL in any habitable room with all doors and windows closed. In addition, the standards require preparation of an acoustical analysis demonstrating the manner in which dwelling units have been designed to meet this interior standard, where such units are proposed in an area with exterior noise levels greater than 60 dBA CNEL. There are no additional State level noise regulations that are applicable to the proposed plan. Local The plan area is located within the City of Pleasant Hill. The City of Pleasant Hill addresses noise in the Pleasant Hill 2003 General Plan, Safety and Noise Element,4 and in the Pleasant Hill Municipal Code.5 Pleasant Hill 2003 General Plan Safety and Noise Element The City of Pleasant Hill adopted the Pleasant Hill 2003 General Plan in July 2003. The objective of the Pleasant Hill 2003 General Plan, Safety and Noise Element, is to protect persons from noise that interferes with human activity or causes health problems. To assist with meeting this objective, the Pleasant Hill 2003 General Plan has established Acceptable Noise Level Guidelines (Guidelines) for determining land use compatibility. These Guidelines are summarized below. The land use categories listed in Table SN3 of the Pleasant Hill 2003 General Plan, Safety and Noise Element, that most closely apply to the proposed plan are Residential–Low Density Single-Family, Duplex, Mobile Homes; Schools, Libraries, Churches, Hospitals, Nursing Homes; and Playgrounds, Neighborhood Parks (refer to Exhibit 3.10-2). For example, under the Residential–Low Density Single-Family, Duplex, Mobile Homes designation, noise environments with ambient noise levels of up to 60 dBA CNEL are considered “normally acceptable” for this type of new land use development. While noise environments with ambient noise levels ranging from 55 dBA to 70 dBA CNEL are considered “conditionally acceptable” for this type of land use development. Under the “conditionally acceptable” designation, the specified land use may be permitted only after detailed analysis of the noise reduction requirements and needed noise insulation features have been included in the design. Conventional construction, but with closed windows and fresh air supply systems will normally suffice. Noise environments with ambient noise levels in excess of 70 dBA CNEL are considered “normally unacceptable” for this type of land use development. 4 City of Pleasant Hill. 2003. Pleasant Hill 2003 General Plan. Safety and Noise Element. 5 City of Pleasant Hill. 2018. Pleasant Hill Municipal Code. Website: http://www.codepublishing.com/CA/PleasantHill/. Accessed on September 21, 2018. 42820009 • 08/2019 | 3.10-1_ noise_ measurement_ loc.mxd Exhibit 3.10-1Noise Measurement Location Map Source: Bing Aerial Imagery. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 360 0 360180 Feet Legend Plan Area Noise Measurement Location THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.10-2_acceptable_noise_levels.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.10-2 Acceptable Noise Levels THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-19 The following are the noise and vibration goals and policies of the Noise Element of the Pleasant Hill 2003 General Plan: • Goal 7: Protect persons from noise that interferes with human activity or causes health problems. • Policy 7A: Require new development projects to be designed and constructed to meet acceptable noise level standards adopted by the City. • Policy 7B: Evaluate the noise impacts of development based on the potential for significant increases in noise levels, in addition to acceptability standards. Pleasant Hill Municipal Code The City of Pleasant Hill establishes noise performance standards for community noise sources and permissible hours for construction activities in its Pleasant Hill Municipal Code. These provisions are summarized below: Noise (Section 9.15.040) According to this ordinance, in residential land use districts, it is unlawful for any persons to operate or perform construction or repair work on a building, structure or project, or to operate a pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction-type device on City-recognized holidays as designated by City Council resolution, and on Monday through Friday, prior to 7:30 a.m. and after 7:00 p.m. on each day and on Saturdays, prior to 9:00 a.m. and after 6:00 p.m. This prohibition does not apply to emergency work. Only a special permit from the City Manager may exempt other construction activities from these restrictions. Performance Standards (Section 18.50.060) The Pleasant Hill Municipal Code organizes its noise performance standards by the type of land use receiving noise. According to this ordinance, no use shall create ambient noise levels exceeding 50 dBA CNEL as measured at the property line of a receiving residential and neighborhood business district zone. Furthermore, the noise standards contained in this ordinance shall be modified as follows to account for the effects of time and duration on the impact of noise levels: • Noise that is produced for no more than a cumulative period of 5 minutes in any hour may exceed the noise standards by up to 5 dBA. • Noise that is produced for no more than a cumulative period of 1 minute in any hour may exceed the standards above by up to 10 dBA. • In residential zones, the noise standard shall be 5 dBA lower between 10:00 p.m. and 7:00 a.m. Additionally, Pleasant Hill Municipal Code, Section 18.50.060, restricts any activity or process that would produce groundborne vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-20 FirstCarbon Solutions 3.10.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 CEQA Guidelines updated Appendix G, to determine whether impacts related to noise and vibration are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the plan area in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Cause a significant environmental impact due to a conflict with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?6 c) Generate excessive groundborne vibration or groundborne noise levels? d) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Approach to Analysis Noise Measurement Methodology The existing ambient noise levels within the plan area were documented through a noise monitoring effort conducted within the plan area on July 10, 2018, by noise technicians. The field survey noted that noise in the vicinity of the plan area is generally characterized by vehicle traffic on the local roadways. The noise measurements were taken using Larson-Davis Model LxT2 Type 2 precision sound level meters programmed in “slow” mode to record noise levels in “A” weighted form. The sound level meter was calibrated using a Larson-Davis calibrator, Model CAL 150. The accuracy of the calibrator is maintained through a program established through the manufacturer and is traceable to the National Bureau of Standards. All noise level measurement equipment meets American National Standards Institute specifications for sound level meters (S1.4 1983, identified in Chapter 19.68.020.AA). Traffic Noise Modeling Methodology The level of traffic noise depends on the three primary factors: (1) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater number of trucks. Vehicle noise is a combination of the noise produced by the engine, exhaust, and tires. Because of the logarithmic nature of traffic noise levels, a doubling of the traffic volume (assuming that the 6 This significance criteria question is from the Land Use and Planning section of the CEQA Guidelines Appendix G checklist questions. However, since this question addresses impacts related to conflicts with land use plans, which would include project-related conflicts related to noise land use compatibility standards of the Pleasant Hill 2003 General Plan, Safety and Noise Element, it is also included here. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-21 speed and truck mix do not change) results in a noise level increase of 3 dBA. Based on the FHWA community noise assessment criteria, this change is “barely perceptible.” For reference, a doubling of perceived noise levels would require an increase of approximately 10 dBA. The truck mix on a given roadway also has an effect on community noise levels. As the number of heavy trucks increases and becomes a larger percentage of the vehicle mix, adjacent noise levels increase. The FHWA highway traffic noise prediction model (FHWA RD-77-108) was used to evaluate traffic- related noise conditions in the vicinity of the plan area. Traffic data used in the model were obtained from the traffic impact analysis prepared by Fehr & Peers for the plan area. The resultant noise levels were weighed and summed over a 24-hour period in order to determine the CNEL values. The FHWA-RD-77-108 Model arrives at a predicted noise level through a series of adjustments to the Reference Energy Mean Emission Level. Adjustments are then made to this level to account for the roadway active width (i.e., the distance between the center of the outermost travel lanes on each side of the roadway); the total ADT; the percentage of ADT that flows during the day, evening, and night; the travel speed; the vehicle mix on the roadway; a percentage of the volume of automobiles, medium trucks, and heavy trucks; the roadway grade; the angle of view of the observer exposed to the roadway; and the site conditions (“hard” or “soft”) as they relate to the absorption of the ground, pavement, or landscaping. The model analyzed the noise impacts from the nearby roadways within the vicinity of the plan area, which consists of the area that has the potential to be impacted by the on-site noise sources, as well as traffic generated by the proposed plan on the nearby roadways. Analyses of the roadways were based on a single-lane-equivalent noise source combining both directions of travel. A single-lane-equivalent noise source occurs when the vehicular traffic from all lanes is combined into a theoretical single-lane that has a width equal to the distance between the two outside lanes of a roadway, which provides almost identical results to analyzing each lane separately where elevation changes are minimal. The roadway traffic noise model assumptions and outputs are provided in Appendix I. Vibration Methodology The City of Pleasant Hill has not adopted criteria for construction groundborne vibration impacts. Therefore, the FTA’s vibration impact criterion is utilized to evaluate potential vibration impacts resulting from construction activities. The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in its Transit Noise and Vibration Impact Assessment document,7 and are summarized in the regulatory discussion above. However, the City has established guidance for determining vibration impacts from on-going activities. The Pleasant Hill Municipal Code performance standards restrict any activity or process that would produce groundborne vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of noise and vibration resulting from implementation of the proposed plan. 7 Federal Transit Administration (FTA). 2018. Transit Noise and Vibration Impact Assessment Manual. September 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-22 FirstCarbon Solutions • A significant impact would occur if the implementation of the proposed plan would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. For single-family residential land use developments, ambient noise levels up to 60 dBA CNEL are considered “normally acceptable.” The City’s noise ordinance establishes maximum noise standards for receiving residential land uses of 50 dBA CNEL. • A significant impact would occur if the implementation of the proposed plan would conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The compatibility standards for specific land uses are identified in the impact discussion below. For example, the City’s normally acceptable land use compatibility threshold for new residential land use development is 60 dBA CNEL. • A significant impact would occur if the implementation of the proposed plan would generate groundborne vibration or groundborne noise levels in excess of applicable standards. The FTA establishes impact assessment criteria for construction. The FTA threshold of 0.2 inch/second PPV is the potential damage criteria threshold for buildings of non-engineer timber and masonry construction. The City establishes vibration performance threshold for on-going activities. The City has established a threshold that groundborne vibration from ongoing operations should not exceed levels that are perceptible without instruments by a reasonable person at the property lines of a site. • For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, a significant impact would occur if the implementation of the proposed plan would expose people residing or working in the project area to excessive noise levels. Impact Evaluation Substantial Noise Increase in Excess of Standards Impact NOI-1: The proposed plan would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the plan area in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. As discussed below, operational noise would not result in a significant impact. For construction noise, restricting construction activities to normal business hours, as required by Mitigation Measure (MM) NOI-1, would result in impacts related to site preparation, grading, and construction that are less than significant with mitigation. Construction Civic Project and Residential Project According to the Pleasant Hill 2003 General Plan, Safety and Noise Policy 7B, new development projects must evaluate noise impacts of their development based on the potential for significant increases in noise levels. The City has not established numeric thresholds for construction noise, rather they have established restrictions on the permissible hours for noise producing construction City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-23 activities in order to minimize impacts on sensitive receptors at night. Therefore, for purposes of this analysis, a significant impact would occur if plan-related, noise producing construction activities would result in generation of a substantial temporary increase in ambient noise levels outside of the permissible hours for construction that would result in annoyance or sleep disturbance of nearby sensitive receptors. Noise impacts from construction activities associated with the proposed plan would be a function of the noise generated by construction traffic, construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activities. A discussion of the potential impacts associated with each of these types of activities is provided below. Construction Traffic Noise One type of noise impact that could occur during construction would result from the increase in traffic flow on local streets associated with the transport of workers, equipment, and materials to and from the plan area. The transport of workers and construction equipment and materials to the plan area would incrementally increase noise levels on access roads leading to the site. Because construction workers and construction equipment would use existing routes, noise from passing trucks would be similar to existing vehicle-generated noise on these local roadways. Furthermore, construction trips would not be expected to double the traffic volumes along any roadway segment in the vicinity of the plan area and would thus not result in a perceptible change in existing traffic noise levels. For these reasons, intermittent noise from trucks would be minor when averaged over a longer interval and would not be expected to exceed existing peak noise levels in the vicinity of the plan area. Therefore, construction-related noise impacts associated with worker and equipment transport to the plan area would be less than significant. Construction Equipment Noise The second type of short-term noise impact is related to noise generated during site-preparation, grading, and construction activities. Construction is performed in discrete steps, each of which has its own mix of equipment, and consequently, its own noise characteristics. These various sequential phases would change the character of the noise generated on-site. Thus, the noise levels vary as construction progresses through each phase. Despite the variety in the types and sizes of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction noise ranges to be categorized by work phase. Table 3.10-3 shows typical noise levels of construction equipment as measured at a distance of 50 feet from the operating equipment. The site preparation phase, which includes excavation and grading activities, generate the highest noise levels because the noisiest construction equipment is earthmoving equipment. Earthmoving equipment includes excavating machinery and compacting equipment, such as bulldozers, draglines, backhoes, front loaders, roller compactors, scrapers, and graders. Typical operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. Operating cycles for these types of construction equipment may involve 1 or 2 minutes of full power operation followed by 3 or 4 minutes at lower power settings. Construction of the proposed plan is expected to require the use of scrapers, bulldozers, water trucks, haul trucks, and pickup trucks. The foundation construction technique for proposed buildings would involve spread footings, so impact equipment such as pile drivers is not expected to be used during construction. Based on the information provided in Table 3.10-3 above, the maximum noise level City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-24 FirstCarbon Solutions generated by each scraper is assumed to be 85 dBA Lmax at 50 feet from this equipment. Each bulldozer would generate 85 dBA Lmax at 50 feet. The maximum noise level generated by graders is approximately 85 dBA Lmax at 50 feet. Each doubling of sound sources with equal strength increases the noise level by 3 dBA. Assuming that each piece of construction equipment operates at some distance from the other equipment, a reasonable worst-case combined noise level during this phase of construction would be 90 dBA Lmax at a distance of 50 feet from the acoustic center of a construction area. This would result in a reasonable worst-case hourly average of 86 dBA Leq. The acoustic center reference is used because construction equipment must operate at some distance from one another within the plan area, and the combined noise level as measured at a point equidistant from the sources (acoustic center) would be the worst-case maximum noise level. The effect on sensitive receptors is evaluated below. The nearest off-site noise-sensitive receptors to the plan area are the single-family residential land uses located directly south, across Oak Park Boulevard. The nearest of these existing noise-sensitive receptors would be located as close as 120 feet from the acoustic center of the plan area’s proposed construction where multiple pieces of heavy construction equipment would operate simultaneously. At this distance, worst-case construction noise levels could range up to approximately 82 dBA Lmax, intermittently, and could have an hourly average of up to 78 dBA Leq, at the façade of the closest single-family residential homes. These noise levels would be intermittent and would be reduced as equipment moves over the plan area further from adjacent sensitive receptors. Although construction of the proposed plan could result in relatively high single event noise exposure, causing an intermittent noise nuisance, which would be a potentially significant impact. The effect of construction noise levels on longer-term (hourly or daily) ambient noise levels would be small, but small increases could result in annoyance or sleep disturbances at nearby sensitive receptors if construction activities are not limited in compliance with the permissible construction hours established by the Pleasant Hill Municipal Code. The Pleasant Hill Municipal Code limits noise producing construction activities to the hours between 7:30 a.m. and 7:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays. In addition, construction activities are restricted from taking place at any time on City-recognized holidays as designated by the City Council resolution. In addition to restricting construction activities to the allowed time-periods as specific by the Municipal Code, MM NOI-1 also requires the implementation of best management noise reduction techniques and practices. Restricting construction activities to the allowed time-periods and implementing best management noise reduction techniques and practices as outlined in MM NOI-1 would ensure that construction noise levels would not result in a substantial temporary increase in ambient noise levels that would result in annoyance or sleep disturbance of nearby sensitive receptors. Therefore, with implementation of MM NOI-1, temporary construction noise impacts would be reduced to less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-25 Construction Noise Impact on Wildlife Civic Project Potential impacts to wildlife that could be located within the Grayson Creek Corridor, including potential noise impacts from construction, are analyzed in Section 3.3, Biological Resources. As described therein, MM BIO-1a through MM BIO-1c requires pre-construction clearance surveys for nesting birds, nesting bats roosts, and active turtle dens, and requires the creation of buffer zones for any of these species should they be found on site. Therefore, potential construction noise impacts on wildlife would be less than significant with mitigation. MM BIO-2b would require the Civic Project to obtain a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement Permit, implementation of which would mitigate potential construction impacts (including noise impacts) on riparian habitat and wildlife per applicable CDFW agency standards. Therefore, potential construction noise impacts on wildlife located within the Civic Project would be less than significant with mitigation. Residential Project MM BIO-1a and MM BIO-1b requires pre-construction clearance surveys for nesting birds and nesting bats roosts, and the creation of buffer zones for these species should they be found on site. Therefore, potential construction noise impacts on wildlife within the Residential Project would be less than significant with mitigation. Operation The proposed plan would result in an increase in traffic on local roadway segments in the vicinity of the plan area. In addition, implementation of the proposed plan would introduce new stationary noise sources to the ambient noise environment, including new mechanical ventilation equipment. The potential for a substantial increase in ambient noise levels resulting from these noise sources is analyzed below. Traffic Noise Civic Project and Residential Project According to the Pleasant Hill 2003 General Plan, Safety and Noise Policy 7B, new development projects must evaluate traffic noise impacts of their development based on the potential for significant increases in noise levels. For purposes of this analysis, a significant impact would occur if implementation of the Civic Project or Residential project would cause existing traffic noise levels to increase by the following increments and exceed the indicated standard as measured at a receiving land use: • 5 dBA or more even if the CNEL would remain below normally acceptable levels for a receiving land use. • 3 dBA or more, thereby causing the CNEL in the vicinity of the plan area to exceed normally acceptable levels and result in noise levels that would be considered conditionally acceptable for a receiving land use. • 1.5 dBA or more where the CNEL currently exceeds conditionally acceptable levels. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-26 FirstCarbon Solutions To present a conservative estimate, this analysis assumes the Civic Project and the Residential Project would be operational at the same time. The highest traffic noise level increase with implementation of the proposed plan would occur along Santa Barbara Road between Monte Cresta Avenue and Monticello Avenue under Cumulative Plus Plan conditions. Along this roadway segment, the proposed plan would result in an increase of 0.9 dBA under Cumulative Plus Plan conditions. Existing traffic noise levels along Santa Barbara Road between Monte Cresta Avenue and Monticello Avenue is documented to range up to 53.3 dBA CNEL as measured at 50 feet from the centerline of the outermost travel lane. These noise levels do not exceed the City’s normally acceptable land use compatibility threshold; therefore, an increase of 5 dBA or greater above existing background noise levels would be considered significant. The highest plan-related traffic noise increase of 0.9 dBA is well below the 5 dBA increase that would be considered a substantial permanent increase. No other modeled roadway segment would experience an increase of greater than 0.5 dBA under any of the Plus Plan traffic scenarios. Therefore, plan-related traffic noise level would result in less than significant increases in traffic noise levels along modeled roadway segments. Therefore, the overall operational traffic noise impact would be less than significant. Stationary Noise According to the Pleasant Hill 2003 General Plan, Safety and Noise Policy 7B, new development projects must evaluate stationary noise impacts of their development based on the potential for significant increases in noise levels. For purposes of this analysis, a significant impact would occur if operational noise levels generated by stationary noise sources would result in a substantial permanent increase in ambient noise levels in excess of any of the noise performance thresholds established in the Pleasant Hill 2003 Municipal Code. The City ’s noise ordinance establishes maximum noise standards for receiving residential land uses of 50 dBA CNEL. Implementation of the proposed plan would include introduction of new stationary noise sources to the existing ambient noise environment. These stationary noise sources would include new mechanical ventilation equipment, parking lot activities, and recreational noise. The potential for a substantial increase in ambient noise levels resulting from these noise sources is analyzed below. Civic Project—Proposed Park The proposed park would include new recreational facilities, a parking lot, and a new trail and creek improvements in the Grayson Creek Corridor. In additional, as part of the Civic Project, a potential future pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site, may be constructed once funding is secured. The loudest stationary noise source associated with these improvements would be recreational activities. A characteristic of noise is that a doubling of sound sources with equal strength is required to result in a perceptible increase (defined to be a 3 dBA or greater) in noise level. To the north of the proposed park are multiple existing recreational facilities. Implementation of the Civic Project would not result in a doubling of users of recreational activities already occurring in the vicinity of the plan area. Therefore, the Civic Project would not result in a perceptible increase of 3 dBA or greater in existing recreational noise levels as measured at nearby receptors. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-27 The measured ambient noise levels adjacent to proposed park were documented to range up to approximately 51 dBA Leq Therefore, when averaged over a 24-hour period, noise levels from recreational activities would not exceed the City’s noise performance thresholds of 50 dBA CNEL as measured at receiving residential land uses. Therefore, the operational stationary source noise impact at the proposed park would be less than significant. Civic Project—Proposed Library New stationary noise sources associated with the proposed library include mechanical ventilation equipment, parking lot activity, and recreational activity associated with the new trail improvements in the Grayson Creek Corridor. The loudest of these stationary noise sources would be the mechanical ventilation equipment operations and parking lot activities. These loudest noise sources are quantified and analyzed below. At the time of preparation of this analysis, details were not available pertaining to proposed mechanical ventilation systems for the proposed library. Therefore, a reference noise level for typical mechanical ventilation systems was used for this analysis. Noise levels from typical mechanical ventilation equipment are anticipated to range up to approximately 60 dBA Leq at a distance of 25 feet. Proposed mechanical ventilation systems would be located at ground level within a walled enclosure. The equipment could be located as close as 150 feet from the nearest off-site sensitive receptor which is a single-family residential home located on the south side of Oak Park Boulevard between Monticello Avenue and Eccleston Avenue. At this distance, and with attenuation that the walled enclosure would provide, noise levels generated by mechanical ventilation equipment would attenuate to less than 44 dBA Leq at this nearest residential receptor. Thus, noise levels from new mechanical ventilation equipment would not exceed the City’s noise performance thresholds of 50 dBA CNEL as measured at nearby sensitive receptors. Therefore, the operational stationary source noise impact would be less than significant. Typical parking lot activities, which include people conversing, doors shutting, or vehicles idling, would generate noise levels of approximately 60 dBA to 70 dBA Lmax at 50 feet. Parking activities at the proposed library’s parking areas could be located as close 150 feet from the nearest off-site sensitive receptor which is a single-family residential home located on Oak Park Boulevard between Monte Cresta Avenue and Manor Avenue. At this distance, noise levels generated by parking lot activities would attenuate to below 60 dBA Lmax at the property line of the nearest residential receptor. However, the effect of these activities on longer-term (hourly or daily) noise levels would be small because these events would occur sporadically throughout the day. The resulting noise levels would not exceed the City’s noise performance thresholds of 50 dBA CNEL or 45 dBA Leq between 10:00 p.m. and 7:00 a.m., at the property line of any property zoned for residential land use. In addition, existing traffic noise levels along Oak Park Boulevard adjacent to this nearest receptor range up to 61.8 dBA CNEL. Therefore, noise from parking lot activities would not be perceptible above background ambient noise levels at the nearest off-site residential receptor. Therefore, noise levels generated by parking lot activities would have a less than significant impact to sensitive off-site receptors. Therefore, the operational stationary source noise impact at the proposed library would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-28 FirstCarbon Solutions Residential Project The loudest stationary noise source associated with the proposed residences would be the use of proposed mechanical ventilation systems. At the time of preparation of this analysis, details were not available pertaining to proposed mechanical ventilation systems. Therefore, a reference noise level for typical mechanical ventilation systems was used for this analysis. Noise levels from typical residential mechanical ventilation equipment are anticipated to range up to approximately 60 dBA Leq at a distance of 25 feet. Proposed mechanical ventilation systems could be located as close as 100 feet from the nearest off-site sensitive receptor, which is a single-family residential home located on the south side of Oak Park Boulevard between Monte Cresta Avenue and Manor Avenue. At this distance, noise levels generated by mechanical ventilation equipment would attenuate to less than 48 dBA Leq at this nearest residential receptor. These noise levels would not exceed the City’s noise performance thresholds of 50 dBA CNEL. Therefore, the operational stationary source noise impact associated with the Residential Project would be less than significant. Operational Noise Impact on Wildlife Civic Project Potential impacts to wildlife located within the Grayson Creek Corridor, including potential noise impacts from operation of the Civic Project, are analyzed in Section 3.3, Biological Resources. According to this analysis, noise emitted from the proposed park will not have a significant impact on wildlife. As noted in the Impact BIO-1 and Impact BIO-2, potential impacts to wildlife potentially located within the Grayson Creek Corridor would be mitigated through active avoidance measures and the procurement of the applicable regulatory permits. The agreement with regulatory agencies would require mitigation to potential impacts to wildlife and or riparian habitat during operation of the Civic Project. Therefore, impacts to special-status species would be less than significant. Furthermore, as shown in the biological resources impact discussion, impacts related to the proposed plan’s potential effect on sensitive natural communities, wetlands, and fish or wildlife movement corridor were determined to be limited to construction impacts. Therefore, no respective operational noise impacts would occur. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM BIO-1a and MM BIO-1b (Civic Project and Residential Project), MM BIO-1c (Civic Project Only), MM BIO-2 (Civic Project Only), and the following measure: MM NOI-1 Implement Noise-reduction Measures During Construction Civic Project and Residential Project: To reduce potential construction noise impacts, the following noise-reduction measure shall be implemented during construction of the Civic Project and Residential Project: • The construction contractor shall ensure that all equipment driven by internal combustion engines shall be equipped with mufflers, which are in good condition and appropriate for the equipment. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-29 •The construction contractor shall ensure that unnecessary idling of internal combustion engines (i.e., idling in excess of 5 minutes) is prohibited. •The construction contractor shall utilize “quiet” models of air compressors and other stationary noise sources where technology exists. •At all times during grading and construction, the construction contractor shall ensure that stationary noise-generating equipment shall be located as far as practicable from sensitive receptors and placed so that emitted noise is directed away from the nearest residential land uses. •The construction contractor shall designate a noise disturbance coordinator who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (starting too early, bad muffler, etc.) and establishment reasonable measures necessary to correct the problem. The construction contractor shall visibly post a telephone number for the disturbance coordinator at the construction site. •The construction contractor shall ensure that construction activities are limited to the hours between 7:30 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. and 6:00 p.m. on Saturday. Construction activities shall not occur at any time on City-recognized holidays and Sundays. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Noise Land Use Compatibility Consistency Impact NOI-2: The proposed plan would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.8 Construction Civic Project and Residential Project Impacts related to noise land use compatibility consistency are limited to operational impacts. No respective construction impacts would occur. Operation A significant impact would occur if the proposed plan would result in a conflict with the City’s adopted land use compatibility standards. According to Pleasant Hill 2003 General Plan policies, new development projects must be designed and constructed to meet acceptable noise level standards adopted by the City. The City’s acceptable noise levels for various types of new land use development are shown in Exhibit 3.10-2. For example, the following is a summary of the “normally acceptable” noise levels for the land use types of the proposed plan: 8 This impact discussion is tailored specific to noise land use compatibility. See Section 3.9, Land Use, for a discussion of land use compatibility with regard to other environmental effects. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-30 FirstCarbon Solutions • 60 dBA CNEL for proposed Residential—Low Density Single-Family, Duplex, Mobile Homes land use development; • 70 dBA CNEL for the proposed Playgrounds, Neighborhood Parks land use development; and • 70 dBA CNEL for the proposed Schools, Libraries, Churches, Hospitals, Nursing Homes land use development. The FHWA highway traffic noise prediction model (FHWA RD-77-108) was used to evaluate existing and future plan-related traffic noise conditions along modeled roadway segments in the vicinity of the plan area. The projected future traffic noise levels on roadways adjacent to the plan area were analyzed to determine compliance with the City’s noise and land use compatibility standards. Traffic modeling was performed using the data obtained from the Transportation Impact Analysis (TIA) conducted by Fehr & Peers (Appendix J). This TIA provides data for existing (year 2018) and cumulative conditions (as defined in the traffic study). The resultant noise levels were weighed and summed over a 24-hour period to determine the CNEL values. The traffic noise modeling input and output files—including the 60 dBA, 65 dBA, and 70 dBA CNEL noise contour distances—are included in Appendix I. Table 3.10-8 shows a summary of the traffic noise levels for existing (year 2018) and cumulative traffic conditions, with and without the proposed plan, as measured at 50 feet from the centerline of the outermost travel lane. Table 3.10-8: Plan Traffic Noise Modeling Results Summary Roadway Segment CNEL (dBA) 50 feet from Centerline of Outermost Lane Existing without Plan Existing with Plan Increase over Existing without Plan (dBA) Cumulative No Plan Cumulative with Plan Increase over Cumulative without Plan (dBA) Oak Park Boulevard—Monte Cresta Avenue to Monticello Avenue 61.8 61.9 0.1 63.0 63.0 0.0 Oak Park Boulevard—Monticello Avenue to Manor Avenue 63.7 63.7 0.0 64.6 64.0 -0.6 Monte Cresta Avenue—Santa Barbara Road to Oak Park Boulevard 53.0 53.0 0.0 53.7 53.7 0.0 Santa Barbara Road—Monte Cresta Avenue to Monticello Avenue 53.3 53.5 0.2 53.0 53.9 0.9 Monticello Avenue—Santa Barbara Road to Future Driveway 56.5 56.6 0.1 56.7 56.7 0.0 Monticello Avenue—Future Driveway to Oak Park Boulevard 56.9 57.4 0.5 57.1 57.5 0.4 Notes: Modeling results do not take into account mitigating features such as topography, vegetative screening, fencing, building design, or structure screening. Rather it assumes a worst case of having a direct line of site on flat terrain. Source: FCS 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-31 Civic Project—Proposed Park The highest traffic noise levels adjacent to the proposed park would occur on Monticello Avenue, between Santa Barbara Road and the future planned Driveway intersection, under Cumulative Plus Plan conditions, ranging up to approximately 57 dBA CNEL as measured at 50 feet from the centerline of the nearest travel lane. Thus, these traffic noise levels are within the City’s “normally acceptable” range of up to 70 dBA CNEL for neighborhood park land use developments. As such, traffic noise would result in a less than significant impact. Civic Project—Proposed Library The highest traffic noise levels adjacent to the proposed library would occur on Oak Park Boulevard, between Monticello Avenue and Manor Avenue, under Cumulative Plus Plan conditions, ranging up to approximately 64 dBA CNEL as measured at 50 feet from the centerline of the nearest travel lane. The façade of the proposed library would be located approximately 90 feet from the centerline of Oak Park Boulevard. At this distance, traffic noise levels from Oak Park Boulevard would range up to approximately 60 dBA CNEL. Thus, these traffic noise levels are within the City’s “normally acceptable” range of up to 70 dBA CNEL for libraries. As such, traffic noise would result in a less than significant impact. Residential Project The highest traffic noise levels adjacent to the proposed residencies would occur on Oak Park Boulevard, between Monte Cresta Avenue and Monticello Avenue, under Cumulative Plus Plan conditions, ranging up to approximately 63 dBA CNEL as measured at 50 feet from the centerline of the nearest travel lane. The nearest proposed façade would be located approximately 54 feet from the centerline of the roadway. At this distance, traffic noise levels would range up to approximately 63 dBA CNEL. These traffic noise levels are within the City’s “conditionally acceptable” range of up to 70 dBA CNEL for residential land use developments, which would be considered a potentially significant impact. Under the “conditionally acceptable” designation, the specified land use may be permitted only after noise insulation features have been included in the design. Conventional construction, but with closed windows and fresh air supply systems will normally suffice. Based on the United States Environmental Protection Agency (EPA) Protective Noise Levels, a combination of walls, doors, and windows, provided in accordance with CBC requirements for the proposed residential development would result in a 25 dBA in exterior-to-interior noise reduction with windows closed and a 15 dBA or more with windows open. With windows open, the interior noise levels of the proposed units nearest to Oak Park Boulevard would not meet the City’s interior noise standard of 45 dBA Ldn for indoor sleeping areas (63 dBA–15 dBA = 48 dBA). However, the inclusion of the proposed air conditioning system, which would allow windows to remain closed for prolonged periods, would be sufficient to reduce traffic noise levels to meet the interior noise level standard of 45 dBA Ldn (63 dBA–25 dBA = 38 dBA). Thus, traffic noise levels would not exceed noise levels that the City considers acceptable for new residential land uses. As such, traffic noise would result in a less than significant impact. Level of Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-32 FirstCarbon Solutions Groundborne Vibration/Noise Levels Impact NOI-3: The proposed plan would not generate excessive groundborne vibration or groundborne noise levels. Construction This section analyzes construction groundborne vibration impacts. The City of Pleasant Hill has not adopted criteria for construction groundborne vibration impacts. Therefore, for purposes of this analysis, the FTA’s vibration impact criteria are utilized. The FTA has established industry accepted standards for vibration impact criteria and impact assessment. These guidelines are published in the agency’s Transit Noise and Vibration Impact Assessment document.9 Therefore, for purposes of this analysis, a significant impact would occur if the implementation of the proposed plan would generate groundborne vibration or groundborne noise levels in excess of the FTA impact assessment criteria for construction (0.2 inch/second PPV for non-engineered timber and masonry buildings). Groundborne noise is generated when vibrating building components radiate sound, or noise generated by groundborne vibration. In general, if groundborne vibration levels are do not exceed levels considered to be perceptible, then groundborne noise levels would not be perceptible in most interior environments. Therefore, this analysis focuses on determining exceedances of groundborne vibration levels. Construction activity can result in varying degrees of ground vibration, depending on the equipment used on the site. Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Buildings in the vicinity of a construction site respond to these vibrations with varying results ranging from no perceptible effects at the low levels, to slight damage at the highest levels. As shown in the Setting section above, Table 3.10-4 provides approximate vibration levels for various construction activities. Civic Project—Proposed Park Of the variety of equipment used during construction of the proposed park, a backhoe would produce the greatest groundborne vibration levels. Backhoes produce groundborne vibration levels ranging up to 0.051 inch/second PPV at 25 feet from the operating equipment. The closest off-site structure to the proposed construction area is a residential home located to the east, across the East Bay Municipal Utility District trail. This home would be located approximately 140 feet from the nearest construction footprint where heavy equipment would operate (including improvements in the Grayson Creek Corridor area). At this distance, the operation of a backhoe would result in 0.003 inch/second PPV at this nearest structure. These levels are well below the FTA’s damage threshold criteria of 0.2 inch/second PPV for this type of structure: a building of engineer timber and masonry construction. Therefore, construction-related groundborne vibration impacts to off-site receptors would be less than significant. Civic Project—Proposed Library Of the variety of equipment used during construction of the proposed library, the small vibratory rollers that would be used in the site preparation phase of construction would produce the greatest 9 Federal Transit Administration (FTA). 2006. Transit Noise and Vibration Impact Assessment. May. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-33 groundborne vibration levels. The closest off-site structure to the p construction area is a residential home located across Oak Park Boulevard between Monticello Avenue and Manor Avenue. This building would be located approximately 80 feet from the nearest construction footprint where heavy equipment would operate (including improvements in the Grayson Creek Corridor area). At this distance, the operation of small vibratory rollers could result in groundborne vibration levels of up to 0.018 inch/second PPV at this nearest structure. These levels are well below the FTA’s damage threshold criteria of 0.2 inch/second PPV for this type of structure: a building of engineer timber and masonry construction. Therefore, construction-related groundborne vibration impacts at to off-site receptors would be less than significant. Civic Project—Monticello Avenue Improvements The Civic Project would provide improvements along Monticello Avenue including the addition of sidewalks, curbs, and landscaped plantings. New water lines would be placed beneath Monticello Avenue to service the Civic Project. The new water lines would run along the centerline of the street right-of-way. A new joint utility trench would be established along Monticello Avenue between Oak Park Boulevard and Santa Barbara Road to provide electrical, gas, and telecommunication services for the proposed developments. The closest off-site structure to the construction area is a residential home located directly south of the Oak Park Boulevard and Monticello Avenue intersection. This building would be located approximately 80 feet from the nearest construction footprint where heavy equipment would operate during these proposed improvements to Monticello Avenue. At this distance, the operation of small vibratory rollers could result in groundborne vibration levels of up to 0.018 inch/second PPV at this nearest structure. These levels are well below the FTA’s damage threshold criteria of 0.2 inch/second PPV for this type of structure: a building of engineer timber and masonry construction. Therefore, construction-related groundborne vibration impacts at this property to off-site receptors would be less than significant. Civic Project—Oak Park Boulevard Improvements The Civic Project would provide improvements along Oak Park Boulevard including the addition of new sidewalks, curbs, and landscaped plantings. There are no proposed changes to the existing 10-inch main beneath Oak Park Boulevard. A new joint utility trench would be established along Oak Park Boulevard to provide electrical, gas, and telecommunication services for the Civic Project. The new conduit would cross Oak Park Boulevard to the east of Monticello Avenue, continue westward along the north side of Oak Park Boulevard, to the intersection of Monticello Avenue and Oak Park Boulevard. The closest off-site structures to the construction area are the residential homes located south of Oak Park Boulevard between Monticello Avenue and Manor Avenue. The closest of these buildings would be located approximately 80 feet from the nearest construction footprint where heavy equipment would operate. At this distance, the operation of small vibratory rollers could result in groundborne vibration levels of up to 0.018 inch/second PPV at this nearest structure. These levels are well below the FTA’s damage threshold criteria of 0.2 inch/second PPV for this type of structure: a building of engineer timber and masonry construction. Therefore, construction-related groundborne vibration impacts to off-site receptors would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-34 FirstCarbon Solutions Residential Project Of the variety of equipment used during construction, the small vibratory rollers that would be used in the site preparation phase of construction would produce the greatest groundborne vibration levels. Small vibratory rollers produce groundborne vibration levels ranging up to 0.101 inch/second PPV at 25 feet from the operating equipment. The closest off-site structure to the proposed plan’s proposed construction area is the existing Contra Costa County Office of Education building located along Monte Cresta Avenue between Santa Barbara Road and Oak Park Boulevard. The nearest façade of this building would be located approximately 30 feet from the nearest construction footprint where heavy equipment would operate. At this distance, the operation of small vibratory rollers could result in groundborne vibration levels of up to 0.08 inch/second PPV at this nearest structure. These levels are well below the FTA’s damage threshold criteria of 0.2 inch/second PPV for this type of structure: a building of engineer timber and masonry construction. Therefore, construction-related groundborne vibration impacts at this property to off-site receptors would be less than significant. Operational Civic Project and Residential Project A significant impact would occur if the proposed plan’s on-going activities would produce groundborne vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. Implementation of the proposed plan would not include any permanent sources of vibration that would expose persons in the vicinity of the plan area to groundborne vibration levels that could be perceptible without instruments at any existing sensitive land use in the vicinity of the plan area. Therefore, operational groundborne vibration impacts would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Excessive Noise Levels from Airport Activity Impact NOI-4: The proposed plan would not expose people residing or working in the plan area to excessive noise levels for a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport. Construction Civic Project and Residential Project Noise impacts related to the proposed plan being located proximate to a private airstrip or public use airport are limited to operational impacts. No respective construction impacts would occur. Operational Civic Project and Residential Project A significant impact would occur if a project would expose people residing or working in the project area to excessive noise levels for a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Noise FirstCarbon Solutions 3.10-35 The plan area is not located within the vicinity of a private airstrip. Additionally, there is not a private airstrip located within a 2-mile radius of the plan area. The nearest public airport to the plan area is the Buchanan Field Airport, located approximately 3.3 miles north of the plan area. Because of its distance from the airport’s runways, the plan area is located well outside of the airport’s 55- dBA CNEL noise contours. As such, operation of the Civic Project and Residential Project would not expose people residing or working at the plan area to excessive noise levels associated with public airport or public use airport noise. Therefore, no impact related to exposure of people residing or working within the plan area to excessive noise levels associated with airport activity would occur. Level of Significance No Impact (Civic Project and Residential Project) 3.10.5 - Cumulative Impacts Construction Noise Construction noise generated by the proposed plan, in combination with construction activities for other projects that may be constructed simultaneously could, without mitigation, substantially increase noise levels in the vicinity of the plan area. However, there are no known developments proposed in the vicinity of the plan area that could result in significant cumulative construction noise levels at noise-sensitive uses adjacent to the plan area boundaries. In addition, similar to the proposed plan, other projects would be subject to the City of Pleasant Hill Municipal Code Noise Ordinance, which regulates construction hours to avoid significant noise impacts. Accordingly, it is expected that cumulative construction noise impacts would be less than significant. Operational Traffic Noise As discussed in the operational section of Impact NOI-2, the highest traffic noise level increase with implementation of the proposed plan would occur along Santa Barbara Road between Monte Cresta Avenue and Monticello Avenue under Cumulative Plus Plan conditions. Along this roadway segment, the proposed plan would result in an increase of 0.9 dBA under Cumulative Plus Plan conditions. Existing traffic noise levels along Santa Barbara Road between Monte Cresta Avenue and the Monticello Avenue is documented to range up to 53.3 dBA CNEL as measured at 50 feet from the centerline of the outermost travel lane. These noise levels do not exceed the City’s normally acceptable land use compatibility threshold. The significance threshold for a cumulative traffic noise impact would be traffic noise levels that exceed the City’s “conditionally acceptable” threshold for a receiving land use. The analysis shows that plan-related operational and traffic noise levels would not cause ambient noise levels in the vicinity of the plan area to exceed “conditionally acceptable” noise levels for any land use in the vicinity of the plan area from any plan-related noise source. Therefore, there is no significant cumulative impact to which the proposed plan is contributing or creating. As such, the proposed plan would not contribute to a significant cumulative impact to the ambient noise environment in the vicinity of the plan area, and no mitigation would be required. City of Pleasant Hill—Oak Park Properties Specific Plan Noise Draft EIR 3.10-36 FirstCarbon Solutions Operational Stationary Noise Implementation of the proposed plan would introduce new stationary noise sources to the ambient noise environment in the vicinity of the plan area, including new mechanical ventilation equipment, parking lot noise sources, and recreational noise sources. However, proposed stationary noise sources would not result in substantial permanent increases in ambient noise levels in excess of established standards. In addition, these noise levels would not exceed existing background ambient noise levels. Therefore, implementation of the proposed plan would not result in a cumulatively considerable contribution to existing ambient noise conditions in the vicinity of the proposed plan. This impact would be less than significant. Noise Land Use Compatibility Consistency Combined cumulative year traffic noise levels would not exceed noise levels that the City considers acceptable for the proposed land uses. In addition, inclusion of the proposed air conditioning system, which would allow windows to remain closed for prolonged periods, would be sufficient to reduce traffic noise levels to meet the interior noise level standard of 45 dBA Ldn. Therefore, implementation of the proposed plan would not result in a cumulatively considerable contribution to consistency with noise land use compatibility standards. This impact would be less than significant. Construction Vibration Construction vibration generated by the proposed plan, in combination with construction vibration from other development projects in the vicinity, could combine to produce excessive vibration levels at nearby sensitive receptors. However, because there are no known development projects proposed in the vicinity of the plan area, there would be no cumulative construction vibration, and this impact would be less than significant. Operational Vibration Implementation of the proposed plan would not include any permanent sources of vibration that would expose persons in the vicinity of the plan area to groundborne vibration levels that could be perceptible without instruments at any existing sensitive land use in the vicinity of the plan area. Therefore, implementation of the proposed plan would not result in a cumulatively considerable contribution to vibration conditions in the vicinity of the proposed plan. This impact would be less than significant. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-1 3.11 - Population and Housing This section describes existing population and housing in the region, City, and Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to population and housing that could result from implementation of the Specific Plan (proposed plan). The analysis included in this section is based on information included in the California Department of Finance (CDF) population estimates; the Association of Bay Area Governments (ABAG) regional projections, regional forecast, and Regional Housing Need Plan; and the Pleasant Hill 2015 Housing Element. No public comments were received during the Environmental Impact Report (EIR) scoping period related to population and housing. 3.11.1 - Environmental Setting Population San Francisco Bay Area The ABAG conducts long-term forecasts of population, households, and employment for the nine- county1 San Francisco Bay Area (Bay Area) to project growth in the region. The Bay Area has experienced population growth over the past several decades, and that growth is expected to continue. The ABAG 2013 projection estimates that approximately 7,150,700 residents were living in the Bay Area in 2010. The ABAG projects that the Bay Area’s population will grow by 9 percent each decade between 2010 and 2040, or approximately 716,120 new residents each decade.2 Between 2010 and 2040, the ABAG projects that the region will grow 25 percent to a population of 9,522,300.3 City of Pleasant Hill The CDF estimates that the total population of the City of Pleasant Hill was 35,068 as of January 1, 2018.4 The CDF estimates that the City of had an average household size of 2.50 and 14,332 dwelling units as of January 1, 2018.5 The City is projected to have a population of 35,900 in 2030 with a consistent growth rate, similar to other sizable Bay Area cities, at an average annual growth rate of approximately 0.35 percent.6 Table 3.11-1 summarizes the City’s historic population growth between 1970 and 2018. 1 The Bay Area is defined as the nine counties that make up the region: Sonoma, Marin, Napa, Solano, Contra Costa, Alameda, Santa Clara, San Mateo, and San Francisco. 2 Association of Bay Area Governments (ABAG). 2013. Forecasts and Projections. Website: http://abag.ca.gov/planning/research/forecasts.html. 3 Association of Bay Area Governments (ABAG). Regional Forecast for Plan Bay Area 2040, at page 2. Website: https://abag.ca.gov/planning/research/memos/Regional_Forecast_for_Plan_Bay_Area_2040_F_030116.pdf. 4 California Department of Finance (CDF). 2018. Table 2: E-5 City/County Population and Housing Estimates, 1/1/2018. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed January 2, 2019. 5 Ibid. 6 California Department of Finance (CDF). 2018. Report E-1: Population Estimates for Cities, Counties, and the State January 1, 2017 and 2018. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/. Accessed January 2, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Population and Housing Draft EIR 3.11-2 FirstCarbon Solutions Table 3.11-1: City of Pleasant Hill Historic Population Growth Year Population Change from Previous (Percent) Average Annual Growth Rate (Percent) 1970 24,610 — — 1980 25,547 3.81 0.38 1990 31,550 23.5 2.35 2000 32,837 4.08 0.41 2010 33,152 0.96 0.10 2011 33,306 0.46 0.46 2012 33,579 0.82 0.82 2013 33,894 0.94 0.94 2014 34,178 0.84 0.84 2015 34,503 0.95 0.95 2016 34,745 0.70 0.70 2017 34,944 0.57 0.57 2018 35,068 0.35 0.35 Source: CDF 2018-Table E-4. Historical Population Estimates for Cities, Counties, and the State. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/; CDF, 2018-Table E-5. Population and Housing Estimates for Cities, Counties, and the State. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/. Table 3.11-2 summarizes the City’s projected population growth between 2020 and 2040. Table 3.11-2: City of Pleasant Hill Projected Population Growth Year Population Change from Previous (Percent) Average Annual Growth Rate (Percent) 2030 35,900 4.36 0.44 2040 37,700 5.01 0.50 Source: City of Pleasant Hill 2015 Housing Element, Table H2. Population Estimates and Projections, 2010–2040. Plan Area The plan area contains no existing residential units; therefore, the plan area has no permanent population. However, the existing library employs 24 persons, which represents the site’s daytime population. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-3 Housing San Francisco Bay Area Growth in the Bay Area housing supply slowed between 2010 and 2014 compared with previous decades, likely in part because of the effects of the Great Recession. Specifically, the Bay Area added an average of 9,600 units per year between 2010 and 2014, compared with an average of 23,200 units per year between 2000 and 2010. During the 1990s, the Bay Area averaged an additional 18,700 units per year.7 The ABAG periodically develops regional projections for population, households, and economic activity. These projections span four decades and include forecasts of 25 years into the future. The ABAG calculates projections based on a combination of economic relationships, policy development, and other factors. Based on ABAG projections for households from 2010 to 2040, the compound annual growth rate is 4.04 percent. This rate is calculated from the average growth rate of each 5- year period8 and forecasts the needed development of 822,600 new housing units between 2010 and 2040.9 The growth in housing construction would provide approximately 3,607,000 housing units by 2040, implying an average rate of increase between 17,000 and 37,000 units per year. According to the ABAG, the majority of forecasted new housing units would be to fill the needs of projected household growth within the region. City of Pleasant Hill The CDF also provides historic housing growth estimates for the City of Pleasant Hill. The City’s housing stock increased by 4.96 percent in the period between 1990 and 2015, growing from 13,652 to 14,329.10,11 According to the most recent housing estimate for 2018, there are 14,332 dwelling units in the City. The City’s housing growth between 2010 to 2018 is provided in Table 3.11-3. Table 3.11-3: City of Pleasant Hill Historic Housing Unit Growth Year Dwelling Units Change from Previous (Percent) 2010 14,321 — 2011 14,322 0.007 2012 14,321 (0.007) 2013 14,324 0.021 2014 14,327 0.021 2015 14,329 0.014 7 Association of Bay Area Governments (ABAG). Executive Summary—State of the Region 2015: Economy, Population and Housing. (2015). Website: http://reports.abag.ca.gov/sotr/2015/executive-summary.php. 8 Association of Bay Area Governments (ABAG). Bay Area Regional Projections. 2013. Website: https://abag.ca.gov/planning/research/forecasts.html. 9 Association of Bay Area Governments (ABAG). Regional Forecast for Plan Bay Area 2040, at page 8. Website: https://abag.ca.gov/planning/research/memos/Regional_Forecast_for_Plan_Bay_Area_2040_F_030116.pdf. 10 California Department of Finance (CDF), 2018. Table E-5 Population and Housing Estimates for [Cities] 2011–2018 with 2010 Census Benchmark. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed February 21, 2019. 11 California Department of Finance (CDF), E-8 City/County/State Population and Housing Estimates, 4/1/1990 to 4/1/2000. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-8/. Accessed February 21, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Population and Housing Draft EIR 3.11-4 FirstCarbon Solutions Table 3.11-3 (cont.): City of Pleasant Hill Historic Housing Unit Growth Year Dwelling Units Change from Previous (Percent) 2016 14,329 — 2017 14,332 0.21 2018 14,332 — Source: California Department of Finance (CDF). 2018-Table E-5 Population and Housing Estimates for [Cities] 2011–2018 with 2010 Census Benchmark. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Plan Area The plan area contains no existing dwelling units. Affordable Housing San Francisco Bay Area The California Department of Housing and Community Development (HCD) and ABAG determined that the Bay Area must plan for approximately 187,990 new housing units over an 8-year period from 2014 to 2022, or an average of 2,248 units per year.12 Of this total amount, 46,680 units must be made available for persons with a Very Low income and 28,940 units for Low income. Roughly, 40 percent of region-wide housing would need to be made affordable in order to meet regional affordable housing objectives. According to available data published by the ABAG, the Bay Area has made progress in meeting housing goals.13 The data represents permits issued for very low, low, moderate, and above moderate housing projects as well as specific totals for each of the nine Bay Area counties (29 percent, 26 percent, 28 percent, 99 percent, and 57 percent, respectively). City of Pleasant Hill In July 2013, the ABAG projected regional housing needs in its Regional Housing Needs Plan for the San Francisco Bay Area: 2014–2022 (Regional Housing Needs Plan). According to ABAG forecasts, the City of Pleasant Hill’s projected housing need from 2014 to 2022 is 448 residential units, consisting of: • 59 units within the extremely low (<30 percent of area median income); • 59 units within the very-low-income level (31-50 percent of area median income); • 69 units within the low-income level (50–80 percent of area median income); • 84 units within the moderate-income level (80–120 percent of area median income); and • 177 units within the above-moderate-income level (more than 120 percent of area median income).14 12 City of Pleasant Hill. 2015. Pleasant Hill 2015 Housing Element, page 32. Website: https://www.ci.pleasant- hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 2, 2019. 13 City of Pleasant Hill. 2015. Pleasant Hill 2015 Housing Element. Website: www.ci.pleasant- hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId. Accessed January 2, 2019. 14 City of Pleasant Hill. 2015. Pleasant Hill 2015 Housing Element, page 33. Website: https://www.ci.pleasant- hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 2, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-5 Thus, the jurisdictional allocation for the City translates into an average annual need for approximately 56 net new residential units. To meet housing goals, the Pleasant Hill 2015 Housing Element identifies six sites throughout the City with a combined capacity of over 490 housing units.15 Plan Area The plan area contains no existing housing units. Employment San Francisco Bay Area The Bay Area region has experienced a strong recovery since the 2007–2009 Great Recession, with job growth proceeding at a pace greater than that experienced by the State of California or the United States as a whole. By mid-2013, the Bay Area had regained all of the jobs lost during the Great Recession. However, if 2000 is used as the baseline year, the average rate of growth is much less—close to zero—since the peak of the dot-com boom era.16 More recent data indicates that almost half of the projected job growth from 2010 had already occurred as of 2015. The 2010 to 2015 strength reflects a combination of recovery from the depths of the 2007 to 2009 recession and a strong surge in economic activity related to the technology and social media sectors. In this projection, employment growth slightly outpaces the nation, with the Bay Area share of U.S. employment growing from 2.5 percent in 2010 (3,422,800) to 2.69 percent in 2015 (4,025,600) and to 2.76 percent in 2040 (4,698,400).17 City of Pleasant Hill Total employment in the City of Pleasant Hill was 16,513 in 2014.18 Approximately 52.9 percent of the City’s employed population is in the category of Services (includes education, health care, tourism, and legal services) followed by Finance, Insurance, and Real Estate (11.6 percent). Unemployment remains significantly lower in the City of Pleasant Hill compared to its peak of 9.5 percent in January 2010. The City’s unemployment rate is below the California State average (4.1 percent), at 2.4 percent in May 2018.19 Plan Area The existing library currently employs 24 persons. There are no other land uses with employees within the plan area. 15 City of Pleasant Hill. 2015. Pleasant Hill 2015 Housing Element, Table D1. Potential Housing Sites. Website: https://www.ci.pleasant-hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 2, 2019. 16 Association of Bay Area Governments (ABAG). Executive Summary—State of the Region 2015: Economy, Population and Housing. (2015). Website: http://reports.abag.ca.gov/sotr/2015/executive-summary.php. 17 Association of Bay Area Governments (ABAG). Regional Forecast for Plan Bay Area 2040, Fiscal Year 2016, Table 1. Website: https://abag.ca.gov/planning/research/memos/Regional_Forecast_for_Plan_Bay_Area_2040_F_030116.pdf. 18 City of Pleasant Hill. 2015. City of Pleasant Hill: Community Profile, page 5. Website: https://www.ci.pleasant- hill.ca.us/DocumentCenter/View/13868/Community_Profile_Pleasant-Hill-CA--Feb--2015?bidId=. Accessed January 2, 2019. 19 U.S. Bureau of Labor Statistics. 2018. Website: https://www.google.com/search?q=unemployment+statistics+pleasant+hill&rlz=1C1GCEU_enUS821US821&oq=une&aqs=chrome.0 .69i59j0l2j69i57j69i60j0.880j0j7&sourceid=chrome&ie=UTF-8. Accessed: January 2, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Population and Housing Draft EIR 3.11-6 FirstCarbon Solutions 3.11.2 - Regulatory Framework Federal No federal plans, policies, regulations, or laws related to population and housing is applicable to the proposed plan. State California Housing Element Law The State Housing Element Law (Government Code Chapter 1143, Article 10.6, §§ 65580 and 65589) requires each city and county to adopt a general plan for future growth. This plan must include a housing element that identifies housing needs for all economic segments and provides opportunities for housing development to meet that need. The amount of housing that must be accounted for in a local housing element is determined through a process called the Regional Housing Needs Allocation (RHNA). In the RHNA process, the State allocates each region a number representing the amount of housing needed, based on existing need and expected population growth. At the State level, the HCD estimates the relative share of the State’s anticipated population growth that would occur in each county in the State, based on CDF population projections and historic growth trends. Where there is a regional council of governments, as in the San Francisco Bay Area (in this case, the ABAG), the HCD provides the regional housing need to the council. The council then assigns a share of the regional housing need to each of its cities and counties. The process of assigning shares provides cities and counties the opportunity to comment on the proposed allocations. The HCD oversees the process to ensure that the council of governments distributes its share of the State’s projected housing need. Each city and county must update its general plan housing element on a regular basis pursuant to the requirements of Government Code Section 65580, et seq. Among other things, the housing element must incorporate policies and identify potential sites that would accommodate a city’s share of the regional housing need. Before adopting an update to its housing element, a city or county must submit the draft to HCD for review. The HCD will advise the local jurisdiction whether its housing element complies with the provisions of California Housing Element Law. The regional councils of governments are required to assign regional housing shares to the cities and counties within their region on a similar schedule. At the beginning of each cycle, the HCD provides population projections to the regional councils of governments, who then allocate shares to their cities and counties. The shares of the regional need are allocated before the end of the cycle so that the cities and counties can amend their housing elements by the deadline. Regional Plan Bay Area and ABAG Regional Housing Needs Allocation The Plan Bay Area, published by the Metropolitan Transportation Commission and the ABAG, is a long-range integrated transportation and land use/housing strategy through 2040 for the Bay Area. The Plan Bay Area functions as the sustainable communities’ strategy mandated by Senate Bill 375. In July 2013, ABAG projected regional housing needs in its Regional Housing Needs Plan for the San Francisco Bay Area: 2014–2022. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-7 Acting in coordination with the HCD, the ABAG determines the Bay Area’s regional housing need based on regional trends, projected job growth, and existing needs. The City of Pleasant Hill’s fair share of the regional housing need allocation for 2014-2022 was calculated as 448 units, or about 56 units per year.20 The RHNA determination includes production targets addressing the housing needs of a range of household income categories. A total of about 187 units, or approximately 42 percent of the RHNA target, must be affordable to households making up to 80 percent of the area’s median income.21 The United States Census Bureau calculates the annual area median income for the City of Pleasant Hill. For the 2013 to 2017 range, the City ’s median income for a single-person household was almost $101,530. Local City of Pleasant Hill Pleasant Hill 2015 Housing Element The Pleasant Hill 2015 Housing Element includes policies and programs to address City housing needs for a range of incomes. Programs address the City’s housing needs for housing of all types especially that of affordable housing and innovative approaches to single-family units. The Pleasant Hill 2015 Housing Element establishes the following goals and policies related to housing and population: Housing Goals, Policies and Programs • Goal 1: Maintain a housing supply sufficient to meet the housing needs of all Pleasant Hill residents. • Policy 1A: Monitor residential and job-producing development in the city in order to maintain an adequate housing supply for city residents. • Policy 1B: Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs. • Program 1.1: Report annually to the City Council and Planning Commission regarding the amount and type of housing activity. As required by State law, City staff provides a yearly report on the progress made toward achieving the City’s housing goals. • Program 1.6: Continue to work with the County and neighboring cities to increase the opportunity to jointly develop affordable housing. • Goal 2: Promote diversity in tenure, type, size, location and price to permit a choice of housing for persons of all economic levels. • Policy 2A: Allow a variety of housing types to be built on residential sites. • Policy 2B: Remove constraints to production and availability of housing when consistent with other General Plan policies. • Program 2.1: Continue to use the City-wide Design Guidelines to facilitate small-lot development, small single-family units and single-family attached units through consideration of decreased setbacks, zero lot lines, lot clustering through the Planned Development process, and/or shared parking provisions in appropriate locations. 20 City of Pleasant Hill. 2015. Pleasant Hill 2015 Housing Element, page 33. Website: https://www.ci.pleasant- hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 2, 2019. 21 Regional Housing Need Plan, San Francisco Bay Area 2014–2022. Appendix C: Final Regional Housing Need Allocation (2014-2022). Website: https://abag.ca.gov/files/ABAG_Final_RHNA_Publication.pdf. Accessed January 2, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Population and Housing Draft EIR 3.11-8 FirstCarbon Solutions Growth Management Element The Growth Management Element sets forth the policies, goals, and implementation programs that are designed to mitigate and manage the impacts of future development and growth within the City of Pleasant Hill. • Goal 1: Support land use patterns that are orderly and make more efficient use of the transportation system. • Policy 1B: Support infill and redevelopment in existing urban areas and around key transit facilities. Pleasant Hill Municipal Code Chapter 18.20.060 Inclusionary Housing The City promotes the achievement of policy goals identified in the Pleasant Hill 2015 Housing Element. The City requires that each housing development of five or more dwelling units include one of the following: 1. At least 10 percent of the dwelling units as inclusionary units for occupancy by low-income households; or 2. At least 5 percent of the dwelling units as inclusionary units for occupancy by very low- income households; or 3. At least 25 percent of the dwelling units for qualifying senior resident as defined in California Civil Code Sections 51.2 and 51.3; or 4. At least 20 percent of the dwelling units as inclusionary accessory dwelling units for occupancy by low-income households. Chapter 18.20.060 provides further regulations for the inclusionary housing including design standards and construction timing, duration of restrictions, resale and rental restriction agreements, security, off- site alternatives, in-lieu fees, and redevelopment projects. Section G of 18.20.060 notes that in-lieu22 fees may only be approved in extraordinary circumstances. 3.11.3 - Impacts and Mitigation Measures Significance Criteria According to the 2019 California Environmental Quality Act (CEQA) Guidelines Appendix G Environmental Checklist, to determine whether impacts to population and housing are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 22 An in-lieu fee is a fee a developer pays to help finance the construction of affordable housing off-site. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-9 b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Approach to Analysis Impacts related to population, housing, and employment were determined by analyzing existing and projected population, housing, and employment estimates provided by the CDF, ABAG, and the City of Pleasant Hill 2015 Housing Element. The proposed plan’s impacts were evaluated by determining their consistency with these projections, estimates, and the Pleasant Hill 2015 Housing Element. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of population and housing impacts resulting from implementation of the proposed plan. • Inducement of permanent or daytime population or employment growth in the Pleasant Hill 2015 Housing Element planning area that would exceed City of Pleasant Hill or ABAG population projections for the City of Pleasant Hill. • Displacement of existing housing or permanent population. Impact Evaluation Population Growth Impact POP-1: Implementation of the proposed plan would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). Construction Civic Project The project’s construction would draw construction workers from the Northern California labor pool and would not result in long-term population growth or permanent relocation of construction workers. Therefore, substantial population growth would not be indirectly induced through construction of the Civic Project or Residential Project, and the construction impact related to inducement of population growth would be less than significant. Residential Project The project’s construction would draw construction workers from the northern California labor pool and would not result in long-term population growth or permanent relocation of construction workers. Therefore, substantial population growth would not be indirectly induced through construction of the Civic Project or Residential Project, and the construction impact related to inducement of population growth would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Population and Housing Draft EIR 3.11-10 FirstCarbon Solutions Operation Civic Project The park would provide recreational space for residents in the surrounding area and would not have residents or, nor would the Pleasant Hill Recreation and Park District need to add any new staff. The proposed library would continue to provide space for the City’s existing library personnel, and the positions at the existing library would be relocated to the new library; there would be no increase in the number of employees related to the library portion of the project; the new library is expected to employ 20 persons.23 In addition, the Civic Project would not include extension of new roads or infrastructure in an undeveloped area, and thus would not induce population growth indirectly. Therefore, substantial population growth would not be directly or indirectly induced with implementation of the Civic Project. Residential Project Direct Population Growth Direct population growth is a result of developing residential units. The Residential Project would involve construction of 34 single-family dwelling units with seven accessory dwelling units (ADUs). The CDF estimates persons per household ratio for the City of Pleasant Hill is 2.50.24 Though ADUs typically house less people than a single-family dwelling unit, and 2.50 persons per household is used as a conservative estimate. Therefore, at buildout, the Residential Project would result in an increase of approximately 103 people to the City’s population. The Pleasant Hill 2015 Housing Element estimates a total of 37,700 residents by 2040. The Residential Project’s estimated increase in persons would represent an increase of less than 1 percent relative to the 2018 estimate. Thus, implementation of the Residential Project would not induce substantial direct population growth within the City. In addition, the Residential Project specifically addresses the Pleasant Hill 2015 Housing Element Goal 2 (promoting diversity in types of housing) and Program 2.1 (facilitating small single-family units through the Planned Development process). The City’s RHNA allocation is 448 units for the 2014- 2022 cycle. The Pleasant Hill 2015 Housing Element identifies sites that could accommodate these additional 448 units and includes the property at 1700 Oak Park Boulevard as a potential housing site.25 Under the Residential Project, the residential units would instead be built on the adjacent property at 1750 Oak Park, but the Residential Project would not hinder overall development of housing as anticipated in the Pleasant Hill 2015 Housing Element. The housing units (and associated residents) on the Residential Project site were anticipated in the Pleasant Hill 2015 Housing Element. Thus, implementation of the Residential Project would not induce substantial direct population growth within the City. 23 Stan Wong. Project Manager, Swinerton Builders. Personal communication: email. February 6, 2019. 24 California Department of Finance (CDF). 2018. Table 2: E-5 City/County Population and Housing Estimates, 1/1/2018. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed January 3, 2019. 25 City of Pleasant Hill. 2015. Pleasant Hill 2015 General Plan Housing Element-Table D1. Potential Housing Sites (page 92). Website: https://www.ci.pleasant-hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 3, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-11 Indirect Population Growth Indirect population growth occurs when a project creates substantial employment opportunities, provides new infrastructure that can lead to additional growth, and/or removes barriers to growth. For example, a project could create thousands of jobs and attract a substantial amount people to the area. The Residential Project site is within the City limits, within the Urban Growth Boundary, and is currently well served by transportation and utility infrastructure. No employees are anticipated for the Residential Project. In addition, the Residential Project would not include extension of new roads or infrastructure in an undeveloped area, and thus would not induce population growth indirectly. Thus, implementation of the Residential Project would not induce substantial indirect population growth within the City. Level of Significance Less Than Significant (Civic Project and Residential Project) Population/Housing Displacement Impact POP-2: Implementation of the proposed plan would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. Construction Civic Project and Residential Project The plan area currently contains an existing library and administrative offices, segments of Monticello Avenue and Oak Park Boulevard, and the Grayson Creek Corridor. The existing buildings at the 1750 Oak Park property (library and administrative offices) would be demolished; however, implementation of the proposed plan would not demolish any existing housing and, and such, implementation of the Civic Project and Residential Project would not displace any existing housing units or residents, and no replacement housing would need to be constructed elsewhere. Therefore, there would be no impact related to constructing replacement housing due to the displacement of people or housing. Operation Civic Project and Residential Project Impacts related to displacement of people or housing necessitating replacement housing are limited to construction impacts. No respective operational impacts would occur. Level of Significance No Impact (Civic Project and Residential Project) 3.11.4 - Cumulative Impacts Cumulative population and housing effects must be considered in relationship to land use, plans, and policy considerations for development facilitated by the Pleasant Hill 2015 Housing Element. The relevant cumulative geographic context is the area of the City that includes projects identified in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects. City of Pleasant Hill—Oak Park Properties Specific Plan Population and Housing Draft EIR 3.11-12 FirstCarbon Solutions Population Growth Cumulative projects listed in Table 3-1 in conjunction with the proposed plan would add residents to the City. The CDF estimates that the total population of the City was 35,068 as of January 1, 2018.26 The development of the Pleasant Hill 2015 Housing Element sites on Beatrice Road and Cleaveland Road are the only residential projects listed in Table 3-1 and would add approximately 202 housing units resulting in approximately 505 residents assuming 2.5 persons per household ratio. This increase in population would be in addition to the approximately 103 residents associated with the proposed plan for a total cumulative population increase of 608 residents. The Pleasant Hill 2015 Housing Element estimates the City at buildout to have a population of 37,700 people by 2040. This represents an increase of 2,632 residents from 2018. This proposed plan would account for only 3.9 percent of the expected population growth by 2040. The other residential projects listed in Table 3-1 would account for approximately 19.2 percent of the expected population growth or 1.3 percent of the total 2040 population. This additional population is anticipated in the Pleasant Hill 2015 Housing Element and is already expected and planned for as part of the City’s expected growth. As such, while other cumulative projects would result in direct population growth, implementation of the proposed plan, in conjunction with other cumulative projects, would result in a less than significant cumulative impact associated with direct population growth as this growth has already been planned for by the City of Pleasant Hill. Cumulative projects listed in Table 3-1 in conjunction with the implementation of the proposed plan are expected to generate employment opportunities, such as the Cambria Hotel and the two daycare centers that are likewise expected to draw employees. Total employment in the City of Pleasant Hill was 16,513 in 2014.27 The cumulative projects’ estimated increase in jobs would total 180, which represents a nominal 1 percent increase in the number of jobs.28 Furthermore, employees for the listed cumulative projects would be expected to be drawn from the local labor force. The proposed plan is not expected to employ any new employees. The proposed library would continue to provide space for the City’s existing library personnel, and the positions at the existing library would be relocated to the new library; there would be no increase in the number of employees related to the library portion of the project. As such, there would not be substantial indirect population growth associated with implementation of the identified cumulative projects. Therefore, cumulative impacts related to population growth, both direct and indirect, would be considered less than significant. Population/Housing Displacement Cumulative projects listed in Table 3-1 in conjunction with implementation of the proposed plan would add residential units to the City. None of the projects listed in Table 3-1 would remove existing housing. Furthermore, the development of the Pleasant Hill 2015 Housing Element opportunity site on Beatrice Road and Cleaveland Road would add approximately 202 housing units to the City’s housing stock. In addition, as described above, implementation of the proposed plan 26 California Department of Finance (CDF). 2018. Table 2: E-5 City/County Population and Housing Estimates, 1/1/2018. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed January 2, 2019. 27 City of Pleasant Hill. 2015. City of Pleasant Hill: Community Profile, page 5. Website: https://www.ci.pleasant- hill.ca.us/DocumentCenter/View/13868/Community_Profile_Pleasant-Hill-CA--Feb--2015?bidId=. Accessed January 2, 2019. 28 Institute of Transportation Engineers (ITE) 2017. Trip Generation Manual 10th Edition. Website: https://www.ite.org/tripgeneration/index.asp City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Population and Housing FirstCarbon Solutions 3.11-13 would not require the removal of any homes and would not displace any people. Therefore, implementation of the proposed plan, in conjunction with other projects, would not displace housing or people that would necessitate the construction of additional housing elsewhere and would result in no cumulative impact associated with displacement of housing or people. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-1 3.12 - Public Services 3.12.1 - Introduction This section describes the existing conditions related to public services (fire, police, schools, and library) in the City and Specific Plan area (plan area), as well as the relevant regulatory framework. This section also evaluates the possible impacts related to public services that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on information obtained from the Pleasant Hill 2003 General Plan and relevant provisions of the Pleasant Hill Municipal Code, Contra Costa County Fire Protection District, Contra Costa County Library, Pleasant Hill Police Department, and Mount Diablo Unified School District, and Pleasant Hill Recreation and Park District. Note that parks are addressed within Section 3.13, Recreation. The following comments were received during the Environmental Impact Report (EIR) scoping period related to public services: • Concerns for solid waste generated from the recreation and park facilities? • Will there be a temporary library and where will it be located? • Will adequate emergency access be provided for fire and police services? 3.12.2 - Environmental Setting Fire Protection and Emergency Medical Services Northern California California Department of Forestry and Fire Protection (CAL FIRE) is responsible for fire protection and stewardship of over 31 million acres of California’s privately-owned wildlands. In addition, CAL FIRE provides varying levels of emergency services in 36 of the California’s 58 counties via contracts with local governments. Because of the Department’s size and major incident management experience, it is often asked to assist or take the lead in disasters. CAL FIRE is divided into 21 units throughout California that are designed to address fire suppression.1 Contra Costa County The Contra Costa County Fire Protection District (CCCFPD) provides fire protection and emergency medical services to unincorporated areas, including firefighting and rescue, fire prevention and training, and emergency medical care. The CCCFPD is the first responder providing basic life support and advanced life support. Transportation is provided by Emergency Medical Response, a private ambulance service contracted by the CCCFPD. The CCCFPD covers approximately 304 square miles located within Contra Costa County and in the Oakland Bay Area of Northern California. CCCFPD’s service area covers 302 square miles representing 38 percent of the County’s 802 square miles. CCCFPD’s current estimated service population is 600,000. In 2018, a series of wildfires occurred in Northern California resulting in the Camp Fire, which is deadliest wildfire to occur in State history. Contra Costa County contains areas of undeveloped 1 California Department of Forestry and Fire Protection (CAL FIRE). 2018. About CAL FIRE. Website: http://calfire.ca.gov/about/about. Accessed September 25, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-2 FirstCarbon Solutions hillsides, which pose as a potential fire hazard. According to the Contra Costa County General Plan, wildfire hazards are a considerable problem in undeveloped areas and in areas of extensive area of un- irrigated vegetation. Vegetation and grain areas of the County are extremely flammable during the late summer and fall.2 The CCCFPD is comprised of 22 engine companies, 5 truck companies, and a Shift Training Captain/Safety Officer. All companies are staffed with a captain, engineer, and a firefighter.3 City of Pleasant Hill The CCCFPD provides fire protection services to the residents of the City of Pleasant Hill. As discussed previously, the CCCFPD is the first responder providing basic life support and advanced life support while transportation is provided by Emergency Medical Response, a private ambulance service contracted by the CCCFPD. The CCCFPD’s headquarters is located at 2010 Geary Road, Pleasant Hill. There are 26 operational stations in the CCCFPD service area. Station No. 5 is closest to the plan area, approximately 0.61- mile to the north, and currently accesses the plan area using Monticello Avenue. Additional fire stations located within the City of Pleasant Hill are summarized in Table 3.12-1. Table 3.12-1: Fire Stations Proximate to Project Site Station Address Distance to Project Site No. 1 1330 Civic Drive, Walnut Creek, CA 94596 2.12 miles No. 2 2010 Geary Road, Pleasant Hill, CA 94523 0.73 mile No. 5 205 Boyd Road, Pleasant Hill, CA 94523 0.61 mile No. 10 2955 Treat Boulevard, Concord, CA 94518 2.13 miles The CCCFPD staffs 24 operational stations and two more stations staffed with paid-on-call Reserve Firefighters. Minimum daily staffing is 77 personnel. Three stations are located within the City of Pleasant Hill. The CCCFPD employs 406 full-time paid personnel. Each of the three fire stations in Pleasant Hill is supplied with one engine and is staffed by nine firefighters working three at a time on three shifts, with one paramedic on duty at all times (Pleasant Hill 2003 General Plan). Station No. 5 would be the first due company, Station No. 2 would be the second due engine company, and Station No. 1 would be the first due truck company. All companies are staffed with a Captain, Engineer, and a Firefighter. All companies are staffed with at least one Paramedic and the other members of the crew are Emergency Medical Technician’s (EMTs). The CCCFPD is comprised of 22 Engine Companies, 5 Truck Companies, and a Shift Training Captain/Safety Officer daily.4 The average response time is approximately 7 minutes and 18 seconds. Average response time for Station No. 2 is 7 minutes and 24 seconds. Average response time for Station No. 5 is 6 minutes and 57 seconds. The response times include turnout time, which includes the time from station- 2 Contra Costa County General Plan. 2005. 3 Contra Costa County Fire Protection District (CCCFPD). 2019. Email Correspondence with Tracie Dutter, Fire Prevention Captain. January 18, 2019. 4 Contra Costa County Fire Protection District (CCCFPD). 2019. Email Correspondence with Todd Schiess, Fire Inspector I. January 4, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-3 acknowledged notification of the emergency until the time the response apparatus leaves the station.5 Fire Station No. 5 is located approximately 0.61-mile from the project site. Using an average travel time of 25 miles per hour, a fire engine responding from Fire Station No. 5 would take 1 minute and 48 seconds to reach the plan area. The CCCFPD maintains mutual aid agreements with Kensington Fire Protection District, Moraga- Orinda Fire Protection District, Rodeo-Hercules Fire Protection District, and San Ramon Valley Fire Protection District. Plan Area The plan area does not contain fire protection or emergency medical facilities. The plan area is located within the CCCFPD service area. As summarized in Table 3.12-1, the closest CCCFPD facility to the plan area is located 0.61-mile to the north. Emergency access is currently provided from Monticello Avenue. Police Protection Contra Costa County The Contra Costa County Office of the Sheriff provides police protection services for the unincorporated areas of Contra Costa County. In addition, the Contra Costa County Office of the Sheriff provides police protection for the cities of Danville, Lafayette, and Orinda. The Office of the Sheriff has over 1,100 sworn officers and professional employees, and receives more than 600,000 calls for service a year with nearly 60,000 of them being 911 calls.6 City of Pleasant Hill The Pleasant Hill Police Department (PHPD) provides police protection for the City of Pleasant Hill. The PHPD is located at 330 Civic Drive, Pleasant Hill, located approximately 2.5 miles away. The PHPD employs 45 sworn officers and 17 civilian employees. On average there are between five and seven officers assigned to patrol the City of Pleasant Hill on any given day or time period. The front office staff, Police Dispatchers, and Community Service Officers, average between two and three employees at any given time. Currently, there are 813 citizens per employed officer. The PHPD target ratio would be a fully staffed department having 45 sworn officers bringing their target ratio to approximately 777 citizens per officer.7 The PHPD average response time is approximately 5 minutes for emergency response calls. The response time standard for emergency calls is 5 minutes and a 20-minute response time for 95 percent of non-emergency calls.8 Depending on the current location of the closest officer at the time of the emergency call, emergency response time within the City can vary from 1 to 5 minutes.9 5 Ibid. 6 Contra Costa County Office of the Sheriff. 2018. Website: http://www.cocosheriff.org/about/overview.htm. Accessed December 20, 2018. 7 Pleasant Hill Police Department (PHPD). 2018. Pleasant Hill Police Department Email Correspondence with Scott Vermillion, Lieutenant. December 21, 2018. 8 City of Pleasant Hill. 2003. Draft EIR for City of Pleasant Hill 2003 General Plan, page 81. 9 Pleasant Hill Police Department (PHPD). 2018. Pleasant Hill Police Department Email Correspondence with Scott Vermillion, Lieutenant. December 21, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-4 FirstCarbon Solutions The PHPD has a mutual aid agreement with the Contra Costa County Office of the Sheriff.10 Plan Area No police facilities are located on within the plan area. The plan area is located within the PHPD service area, with the closest police station located approximately 1.82 miles to the north. Emergency access is from Monticello Avenue. Schools Contra Costa County The plan area is served by the Mount Diablo Unified School District (MDUSD). The MDUSD serves students in middle school from nine schools: Diablo View Middle School, El Dorado Middle School, Foothill Middle School, Oak Grove Middle School, Pine Hollow Middle School, Pleasant Hill Middle School, Riverview Middle School, Sequoia Middle School, and Valley View Middle School. The MDUSD serves students in high school from five schools: College Park High School, Concord High School, Mount Diablo High School, Northgate High School, and Ygnacio High School. The MDUSD serves students in elementary school from 31 schools: • Ayers Elementary School • Bancroft Elementary School • Bel Air Elementary School • Cambridge Elementary School • Delta View Elementary School • Eagle Peak Elementary School • El Monte Elementary School • Fair Oaks Elementary School • Gregory Gardens Elementary School • Hidden Valley Elementary School • Highlands Elementary School • Holbrook Elementary School • Meadow Homes Elementary School • Monte Gardens Elementary School • Mount Diablo Elementary School • Mountain View Elementary School • Pleasant Hill Elementary School • Rio Vista Elementary School • Sequoia Elementary School • Shore Acres Elementary School • Silverwood Elementary School • Strandwood Elementary School • Sun Terrance Elementary School • Sunrise Elementary School • Valhalla Elementary School • Valle Verde Elementary School • Walnut Acres Elementary School • Westwood Elementary School • Woodside Elementary School • Wren Avenue Elementary School • Ygnacio Valley Elementary School According to the Department of Education, the MDUSD served 31,317 students in the 2017–2018 academic year. Table 3.12-2 provides enrollment information for the past 4 years for the MDUSD. Table 3.12-2: MDUSD Enrollment School Year MDUSD Enrollment Total 2014–2015 31,923 10 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-5 Table 3.12-2 (cont.): MDUSD Enrollment School Year MDUSD Enrollment Total 2015–2016 32,005 2016–2017 31,814 2017–2018 31,317 Source: California Department of Education Data Reporting Office. K-12 Public School Enrollment, Mount Diablo Unified School District (MDUSD). Website: https://data1.cde.ca.gov/dataquest/DQ/EnrTimeRpt.aspx?Level=District&cYear=2014- 15&cname=Mt.%20Diablo%20Unified&cCode=0761754. Accessed February 21, 2019. Plan Area No school facilities or residences are located within the plan area. The plan area is located within the MDUSD service area. The closest schools are Pleasant Hill Elementary School (0.82 mile west), Pleasant Hill Middle School (0.13 mile north), and Ygnacio High School (2.2 miles east). Libraries Table 3.12-3 lists the local libraries that serve the City, under the Contra Costa County Library service area. Table 3.12-3: Libraries within the Contra Costa County Library Service Area Near the Project Site Library Branch and Location Distance from Project Site Hours of Operation Services and Events Pleasant Hill Library 1750 Oak Park Boulevard Pleasant Hill, CA 94523 0.0 mile (within project boundaries) Monday through Saturday Closed Sunday The Pleasant Hill Library contains a collection of over 106,000 books, audiobooks, videos, DVDs, and CDs. There are 38 computers and WiFi for public use. Learning programs for all ages take place at the library. Walnut Creek Library 1644 North Broadway Walnut Creek, CA 94596 2.3 miles to the south Monday through Saturday Closed Sunday The Walnut Creek Library contains a children’s wing and garden, a teen area, a business and career center, a technology center, a conference room, and four group study rooms. Ygnacio Valley Library 2661 Oak Grove Road Walnut Creek, CA 94598 3.1 miles to the southeast Monday through Saturday Closed Sunday The Ygnacio Valley Library was remodeled in 2004. It is a popular neighborhood meeting location, known especially for its cookbooks, mysteries, and investment corner section. Source: Contra Costa Library. 2019. Walnut Creek Library. Website: http://ccclib.org/locations/walnutcreek.html. Accessed February 21, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-6 FirstCarbon Solutions Plan Area The plan area is located within the Contra Costa Library service area. A library facility is currently located on at 1750 Oak Park Boulevard. The library includes a 37,364-square-foot Pleasant Hill Library, 42,083-square-foot vacant municipal administrative offices, and a parking lot containing 182 spaces. The Pleasant Hill Library is a two-story circular building. The northern portion of the library building connects to neighboring administrative offices. The library houses a collection of over 106,000 books, audiobooks, and various forms of digital media. Among its collection, the library contains a vault of local historic materials and historic maps, and an extensive archive of newspapers and periodicals. 3.12.3 - Regulatory Framework Federal National Fire Protection Association The National Fire Protection Association (NFPA) publishes 300 codes and standards intended to minimize the possibility and effects of fire and other risks. Among these codes and standards are specific policies designed for fire protection. These standards range from fire protection and life safety systems, standards for portable fire extinguishers to recreational vehicle standards. State California Health and Safety Code California Health and Safety Code Sections 13100–13135 establish the following policies related to fire protection: • Section 13100.1: The functions of the office of the State Fire Marshall, including CAL FIRE, shall be to foster, promote, and develop strategies to protect life and property against fire and panic. • Section 13104.6: The Fire Marshall has the authority to require fire hazards to be removed in accordance with the law relating to removal or public nuisances on tax-deeded property. California Building Standards Code The 2010 California Building Standards Code (CBC), contained in Part 2 of Title 24 of the California Code of Regulations, identifies building design standards, including those for fire safety. The CBC is based on the 1997 Uniform Building Code but has been modified for California conditions. It is generally adopted on a jurisdiction-by-jurisdiction basis, subject to further modification based on local conditions. Commercial and residential buildings and related improvements (e.g., streets) are plan-checked by local city and county building officials for compliance with the CBC. Typical fire safety requirements of the CBC include the installation of sprinklers in multi-family buildings; the establishment of fire resistance standards for fire doors, building materials, and particular types of construction; and clearance of debris and vegetation within a prescribed distance from occupied structures in wildfire hazard areas. California Fire Code The California Fire Code, contained in Part 9 of California Code of Regulations, Title 24, incorporates by adoption the International Fire Code of the International Code Council, with California City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-7 amendments. The California Fire Code regulates building standards set forth in the CBC, fire department access, fire protection systems and devices, fire and explosion hazards safety, hazardous materials storage and use, and standards for building inspection. The California Fire Code is updated and published every 3 years by the California Building Standards Commission. California Senate Bill 50 California Senate Bill 50 (SB 50) (funded by Proposition 1A, approved in 1998) limits the power of cities and counties to require mitigation of school facilities impacts as a condition of approving new development, and provides instead for a standardized developer fee. SB 50 generally provides for a 50/50 State and local school facilities funding match. SB 50 also provides for three levels of statutory impact fees. The application level depends on whether State funding is available, whether the school district is eligible for State funding, and whether the school district meets certain additional criteria involving bonding capacity, year-round school, and the percentage of moveable classrooms in use. California Government Code, Section 65995(b) and Education Code, Section 17620 SB 50 amended Section 65995 of the California Government Code, which contains limitations on Section 17620 of the Education Code, the statute that authorizes school districts to assess development fees within school district boundaries. Section 65995(b)(3) of the Government Code requires the maximum square footage assessment for development to be increased every 2 years, according to inflation adjustments. On January 22, 2014, the State approved increasing the allowable amount of statutory school facilities fees (Level I School Fees) from $3.20 to $3.36 per square foot of assessable space for residential development of 500 square feet or more, and from $0.51 to $0.54 per square foot of chargeable covered and enclosed space for commercial/industrial development. School districts may levy higher fees if they apply to the State and meet certain conditions. Local Contra Costa County Fire Prevention District, Fire Prevention Bureau Engineering and Plan Review The Engineering and Plan Review Division of the CCCFPD Fire Prevention Bureau is responsible for plan review, new construction inspections, and fire and life safety systems acceptance testing to ensure compliance with the California Fire and Building Codes, and applicable NFPA Standards. Pleasant Hill 2003 General Plan Public Facilities and Services Element The City of Pleasant Hill establishes the following development goals, policies, and programs associated with public services and utilities that are relevant to the proposed plan: Community Development • Goal 10: Provide high-quality police, fire and emergency medical response and services. • Policy 10B: Establish secondary emergency access routes for all areas of the city currently lacking dual access. • Policy 10B: Meet City-adopted emergency response time and efficiency objectives. • Program 10.1: Improve City street[s] where necessary to accommodate emergency vehicles. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-8 FirstCarbon Solutions • Program 10.2: Work with non-City agencies (including through mutual aid agreements where appropriate), and provide required funding for City services, to maintain necessary emergency personnel staffing levels, and to build additional emergency service facilities and infrastructure as necessary. • Goal 12: Promote excellence in public education. • Policy 12A: Acknowledge the critical contribution of schools to the socioeconomic health of the city. • Policy 12B: Help ensure that high-quality teaching and facilities are provided to all students. • Program 12.1: Work with public and private schools in teacher recruitment, facilities planning, housing and other key efforts. • Program 12.2: Continue to address issues of concern to the Pleasant Hill Schools with the Mount Diablo Unified School District through the City’s Education/Schools Advisory Commission. • Goal 13: Facilitate lifelong learning and promote coordinated residential and school development. • Policy 13A: Improve communication and cooperative interaction among the City, School District, pre-schools, Diablo Valley College, JFK University, and the Recreation and Park District. • Policy 13B: Establish strong physical and cultural connections between the City, Diablo Valley College, JFK University, and local schools that result in creative, proactive opportunities for cooperation. • Policy 13C: Promote the design and use of elementary schools as focal points for neighborhood social, cultural, vocational and recreational activities, and performing arts venues. • Program 13.1: Work with the School District to identify appropriate locations for new or upgraded schools, facilities, additions and improvements. • Program 13.2: Establish a Diablo Valley College and JFK University liaison to address issues of mutual concern and potential community-wide benefit. • Program 13.3: Request that the School District continue to collect school impact fees for new residential development. • Goal 14: Work to ensure that a state-of-the-art County Library facility remains in Pleasant Hill. • Policy 14A: Acknowledge that access to an excellent library with standard hours of operation is a key component of quality of life in the city. • Program 14.1: Work with the County Library Commission to assure the long-term residency of the County Library in the city, and to site and plan a new state-of-the-art facility in Pleasant Hill. • Goal 17: Offer high-quality park, recreation, and trail facilities and programs for residents and visitors. • Policy 17A: Advocate a wide range of recreation programs for all segments of the resident and visitor population. • Program 17.2: Work with the Recreation and Park District to establish and achieve a standard of 3 acres of developed parkland per 1,000 population. • Goal 18: Provide new sports fields and recreation facilities. • Policy 18A: Designate appropriate sites for new playing fields, tennis courts, and other facilities. • Program 18.1: Work with the Recreation and Park District to facilitate development and expansion of recreation and park facilities. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-9 • Program 18.2: Consider recreation-related development at the former Oak Park Elementary School site or other sites south of Gregory Lane in a manner that accommodates flood control and, where feasible, provides for additional on-site flood control facilities. 3.12.4 - Impacts and Mitigation Measures According to 2019 California Environmental Quality Act (CEQA) Guidelines Appendix G, to determine whether impacts related to public services are significant environmental effects, the following question is analyzed and evaluated. Would the proposed plan: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b) Police protection? c) Schools? d) Other public facilities? Approach to Analysis Impacts on fire and police services were determined by evaluating the proposed plan’s effect on existing fire and police station response times. Projected population provided by the Pleasant Hill 2003 General Plan was also reviewed. In addition, fire and police (emergency) access to the plan area was evaluated. Impacts on schools were determined by evaluating the proposed plan’s effect on existing school enrollment. Projected population and school enrollment data provided by the California Department of Education and the MDUSD were also reviewed. Furthermore, impacts to police, fire, schools, and library facilities were also based on information from the Pleasant Hill 2003 General Plan and information received in response to request letters sent to each of these service providers for their input related to possible impacts. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of public service impacts resulting from implementation of the proposed plan: • Result in additional population or activities requiring fire protection services in a manner that necessitates the need for new or altered fire facilities, the construction of which would result in significant construction-related traffic, air quality, greenhouse gas (GHG) emissions, or noise impacts. Determination of significance of construction-related traffic, air quality, GHG emissions, hazards, or noise impacts is based on the respective specific thresholds of significance listed in Section 3.14, Transportation; Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.7, Hazards, Hazardous Materials, and Wildfire; and Section 3.10, Noise. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-10 FirstCarbon Solutions • Result in additional population or activities requiring police protection services in a manner that necessitates need for new or altered police facilities, the construction of which would result in significant construction-related traffic, air quality, GHG emissions, or noise impacts. Determination of significance of construction-related traffic, air quality, GHG emissions, hazards, or noise impacts is based on the respective specific thresholds of significance listed in Section 3.14 Transportation; Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.7, Hazards, Hazardous Materials, and Wildfire; and Section 3.10, Noise. • Result in additional population or activities requiring school services in a manner that necessitates need for new or altered school facilities, the construction of which would result in significant construction-related traffic, air quality, GHG emissions, or noise impacts. Determination of significance of construction-related traffic, air quality, GHG emissions, hazards, or noise impacts is based on the respective specific thresholds of significance listed in Section 3.14, Transportation; Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.7, Hazards, Hazardous Materials, and Wildfire; and Section 3.10, Noise. • Result in additional population or activities requiring library services in a manner that necessitates need for new or altered library facilities, the construction of which would result in significant construction-related traffic, air quality, GHG emissions, or noise impacts. Determination of significance of construction-related traffic, air quality, GHG emissions, hazards, or noise impacts is based on the respective specific thresholds of significance listed in Section 3.14, Transportation; Section 3.2, Air Quality; Section 3.6, Greenhouse Emissions and Energy; Section 3.7, Hazards, Hazardous Materials, and Wildfire; and Section 3.10, Noise. Impact Evaluation Need for New or Altered Fire Protection Facilities Impact PUB-1: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection. Construction Civic Project and Residential Project The plan area would be served by the CCCFPD. The closest fire station to the plan area is Contra Costa Fire Station No. 2 located at 2012 Geary Road in Pleasant Hill, approximately 0.75 mile to the southwest. According to the Draft EIR for the Pleasant Hill 2003 General Plan, stations typically respond to calls for service within 4 minutes, below the CCCFPD standard of 5 minutes.11 Using an average travel speed of 20 miles per hour, a fire engine coming from Station No. 2 would arrive in approximately 2.3 minutes. Similar large projects in recent history have only generated a few calls for service during construction, usually less than one or two per month of construction activities, generally medical in nature or related to some kind of workplace traumatic injury. As such, the Civic Project and Residential Project would not create the need for new or altered fire protection facilities. 11 City of Pleasant Hill. January 2003. Draft EIR for City of Pleasant Hill General Plan 2003, page 88. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-11 Therefore, construction impacts related to provision of new or altered fire protection facilities would be less than significant. Operation Civic Project Use of the proposed park would require minimal fire and emergency services, given that the proposed athletic fields would not provide employment or residential uses. The proposed library would be expected to slightly increase fire protection and emergency services compared to existing conditions. The Civic Project would comply with the CBC, which is adopted by the Contra Costa County Municipal Code. In compliance with the California Fire Code, Part 9 of the CBC, the Civic Project would follow standards for fire safety such as fire flow requirements for buildings, fire hydrant location and distribution criteria, automated sprinkler systems, and fire-resistant building materials. Furthermore, this site would be located 0.75 mile from the nearest fire station, and fire response time would be approximately 2.3 minutes, well below the 5-minute District standard. There would be a less than significant impact associated with the Civic Project related to fire protection services. Residential Project The Residential Project would result in the development of 34 single-family homes with seven accessory dwelling units. As such, the Residential Project would be expected to increase demand for fire protection services compared to existing conditions. The Residential Project would comply with the CBC, which is adopted by the Contra Costa County Municipal Code. In compliance with the California Fire Code, Part 9 of the CBC, the Residential Project would follow standards for fire safety such as fire flow requirements for buildings, fire hydrant location and distribution criteria, automated sprinkler systems, and fire-resistant building materials. Furthermore, this site would be located 0.75 mile from the nearest fire station, and fire response time would be approximately 2.3 minutes, well below the 5-minute District standard. There would be a less than significant impact associated with the Residential Project related to fire protection services. Level of Significance Less Than Significant (Civic Project and Residential Project) Need for New or Altered Police Protection Facilities Impact PUB-2: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection. Construction Civic Project and Residential Project The Civic Project and Residential Project would be served by the PHPD, located at 330 Civic Drive, approximately 2.5 miles away. Depending on the location of the closest officer at the time of an City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-12 FirstCarbon Solutions emergency call, the response time could vary from 1 to 5 minutes, which is within the response time standard for emergency calls. During construction, the Civic Project and Residential Project would include security measures such as fencing to prohibit access except for construction personnel. As such, the Civic Project and Residential Project would not create the need for new or altered police protection facilities. Therefore, construction impacts related to need for provision of new or physically altered police protection facilities would be less than significant. Operation Civic Project The Civic Project would include development of athletic fields. This type of land use would require minimal police protection services, given that the proposed athletic fields would not provide employment or residential use. In addition, the Civic Project would be located 2.5 miles from the PHPD and, depending on the location of the closest officer at the time of an emergency call, the response time would vary from 1 to 5 minutes, which is within the response time standard for emergency calls. Prior to project approval, the City would require verification from the PHPD that emergency response can be provided within 5 minutes and that a 20-minute response is maintained for 95 percent of non-emergency calls.12 Furthermore, a new electrical system would be included to provide lighting for evening-time events and security. The new poles would be installed along the perimeter of the athletic field. As part of the proposed park uses, the athletic fields lighting system would operate on an automatic timer. The system would be active only when fields are scheduled for use. The light schedule would be dependent on daylight hours and would be programmed for 30 minutes prior to sunset until 10:00 p.m. The bocce courts would be lit with two lampposts that are 24 feet tall with light emitting diode (LED) lighting. Parking and pathways would be lit with poles not to exceed 24 feet and that would match the fixtures currently located at Pleasant Oaks Park. The proposed library would provide adequate emergency access for police services along Monticello Avenue, and would include LED lighting as part of the design that would illuminate the parking lot, pedestrian paths, outdoor areas, and building facades. In addition, this property would be located 2.5 miles from the PHPD and, depending on the location of the closest officer at the time of an emergency call, the response time would vary from 1 to 5 minutes, which is within the response time standard for emergency calls. Prior to project approval, the City requires verification from the PHPD that emergency response can be provided within 5 minutes and that a 20-minute response is maintained for 95 percent of non-emergency calls.13 As such, operational impacts related to need for new or altered police protection facilities impacts would be less than significant. Residential Project The Residential Project would result in the development of 34 single-family homes with seven accessory dwelling units. As such, the Residential Project would be expected to increase demand for 12 City of Pleasant Hill. 2003. Draft EIR for City of Pleasant Hill 2003 General Plan, page 87. 13 City of Pleasant Hill. 2003. Draft EIR for City of Pleasant Hill 2003 General Plan, page 87. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-13 police protection services compared to existing conditions. According to the PHPD, property crimes have been the most significant problem within the community. The PHPD suggests implementing Crime Prevention Through Environmental Design (CPTED) models as part of the Residential Project. Examples of CPTED are proper street lighting and designing buildings, yards, and open space with minimal hiding spaces. In line with PHPD’s recommendation, the Residential Project would include street lighting, external lighting, and fencing would be provided at all homes. In addition, the Residential Project would be located 2.5 miles from the PHPD and, depending on the location of the closest officer at the time of an emergency call, the response time would vary from 1 to 5 minutes, which is within the response time standard for emergency calls. Prior to approval of the Residential Project, the City would require verification from the PHPD that emergency response can be provided within 5 minutes and that a 20-minute response is maintained for 95 percent of non-emergency calls.14 Given the Residential Project’s proximity to the PHPD and the implementation of CPTED, there would be a less than significant impact with respect to police protection services. Level of Significance Less Than Significant (Civic Project and Residential Project) Need for New or Altered School Facilities Impact PUB-3: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for schools. Construction Civic Project and Residential Project Since neither the Civic Project nor the Residential Project would include school facilities, impacts related to provision of new or expanded school facilities are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project The park would provide recreational space for residents in the surrounding area and would not have residents, nor would the Pleasant Hill Recreation and Park District need to add any new staff. The proposed library would continue to provide space for the City’s existing library personnel; the library estimates there would be a decrease in the number of employees.15 As discussed in Section 3.11, Population and Housing, the Civic Project would not be expected to result in any significant indirect population growth in the City of Pleasant Hill area from outside areas. Because the Civic Project would not cause direct or indirect population growth, no school enrollment growth would occur. Accordingly, no impacts would occur. 14 Ibid. 15 Melinda Cervantes. County Librarian. Personal communication: email. July 23, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-14 FirstCarbon Solutions Residential Project The Residential Project would develop 34 single-family dwelling units with seven accessory dwelling units (ADUs). The California Department of Finance persons per household ratio for the City of Pleasant Hill is 2.50.16 Though ADUs typically house less people than a single-family dwelling unit, 2.50 persons per household is used as a conservative estimate. Therefore, at buildout, the Residential Project would result in an increase of approximately 103 people. Generation rates for the MDUSD were not available, so generation rates for the nearby Walnut Creek School District and the Acalanes Union High School District were used.17 Using generation rates of 0.2 elementary school students per unit, 0.2 middle school students per unit, and 0.17 to 0.25 high school students per unit, the Residential Project would generate approximately 21 elementary school students, 21 middle school students, and 18 to 26 high school students for a maximum of 68 students. Capacity at the schools within the MDUSD school system were not available at the time of writing the Draft EIR. However, given that the current enrollment at several schools within the MDUSD have decreased since the 2016-2017 and 2017-2018 school years, MDUSD would be able to accommodate the additional students.18 Furthermore, the Residential Project sponsors would be required to pay development impact fees to the MDUSD. Pursuant to Government Code Section 65995, payment of adopted development fees is considered “full and complete mitigation” for impacts to school facilities, and local governments are prohibited from assessing additional fees or exactions for school impacts. Therefore, the Residential Project would not be required to construct or alter school facilities. Thus, the operational impact related to need for new or altered school facilities would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Need for New or Altered Library Facilities Impact PUB-4: The proposed plan could result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for other public facilities. Construction Civic Project The Civic Project includes the construction of a new library to be located at 1700 Oak Park Boulevard. The property for the new library is expected to be conveyed to the City by the County and MDUSD at no cost. In line with the project objectives listed in Chapter 2, Project Descriptions, the Civic Project would create a state-of-the-art community library with interior and exterior 16 California Department of Finance (CDF). 2018. Table 2: E-5 City/County Population and Housing Estimates, 1/1/2018. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed January 3, 2019. 17 The Planning Center | DC&E. 2012. The Terraces of Lafayette DEIR, Section 4.12-Public Services pages 4.12-25 to 4.12-26. 18 Ed Data Education Data Partnership. 2019. Mount Diablo Unified Website. Website: http://www.ed-data.org/district/Contra- Costa/Mt.-Diablo-Unified. Accessed March 4, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-15 community gathering spaces that serve the citizens of the City of Pleasant Hill and the vicinity well into the future. The library would support multi-generational learning and a variety of learning styles as well as overall literacy within the community. Potential impacts associated with construction of the new library include temporary conditions associated with noise, traffic detours, and dust control, which are addressed though mitigation provided in other sections of this EIR, as described below. Implementation of the mitigation summarized below would reduce potential impacts to less than significant. Mitigation Measure (MM) NOI-1 in Section 3.10, Noise, requires the use of best management noise reduction techniques and practices; while MM NOI-1 in Section 3.10, Noise, restricts construction activities to the hours between 7:30 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. and 6:00 p.m. on Saturdays and Sundays (grading is not allowed on Sundays), ensuring that construction noise levels would not result in a substantial temporary increase in ambient noise levels. As described in Section 3.2, Air Quality, and Section 3.6, Greenhouse Gas Emissions, MM AIR-2 would require implementation of Bay Area Air Quality Management District (BAAQMD) best management practices during construction, MM AIR-3 would require the use of construction equipment that would meet Tier IV off-road emissions standards, and MM GHG-1 would require the applicant to implement and document annual GHG emissions reduction measures. Section 3.14, Transportation, determined that construction of the new library would result in less than significant impacts to the circulation systems, roadway design features, and emergency access with implementation of MM TRANS-1a (preparation and implementation of a construction traffic management plan). Residential Project The Residential Project includes the demolition of the existing library located at 1750 Oak Park Boulevard. Because the structure contains asbestos-containing materials and lead based paint, MM HAZ-2a and MM HAZ-2b would require abatement of asbestos containing materials and lead-based paint in accordance with state regulations; thereby reducing potential impacts to a less than significant level. The County would relocate some of the library materials and services to a temporary library located at the Pleasant Hill Senior Center for approximately 18-24 months. The temporary library is expected to be open Monday to Saturday.19 The temporary library space at the Senior Center would not have a significant impact on existing users of the Senior Center because no programs or activities would be displaced. The Senior Center currently contains buildings and rooms that are available during the hours of operation for the library and the Senior Center would be able to accommodate normal library use in conjunction with existing Senior Center operations.20 19 Melinda Cervantes. County Librarian, Contra Costa County. Personal communication in person March 12, 2019. 20 Michelle Lacy. Pleasant Hill Recreation and Park District: General Manager. Personal communication: email. January 14, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-16 FirstCarbon Solutions Operation Civic Project The Civic Project would operate a replacement library on the Civic Project site. The proposed library would provide the same programs and features offered at the existing library; no intensification of operational uses is proposed. The new public library would include book collection areas, indoor and outdoor gathering spaces, an idea incubator space, technology areas, a bookstore, and other space to support building operations and maintenance. Exterior program space would include spaces for play areas and picnics. The proposed library would provide for multi-generational learning for a variety of learning styles and support literacy in the community. Since the Civic Project would provide library uses, there would be no operational impact related to need for a new or altered library or other public facilities. Residential Project The Pleasant Hill 2003 General Plan does not include a standard or goal for the provision of library services; however, for informational purposes, the Contra Costa County Library service area currently provides 305 gross square feet of library space per 1,000 residents.21 The Residential Project’s approximately 103 residents would represent an increase of less than one percent relative to the existing Contra Costa Library System service population. As such, the provision of library space per 1,000 residents would not be affected by implementation of the Residential Project. Level of Significance Potentially Significant (Civic Project and Residential Project) Mitigation Measures Residential Project: Implement MM HAZ-2a and MM HAZ-2b. Civic Project: Implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a. Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) 3.12.5 - Cumulative Impacts The geographical scope of the cumulative public services analysis is the boundaries of the CCCFPD, PHPD, MDUSD, and Pleasant Hill Library service area. Because of differences in the nature of the public service topical areas, they are discussed separately. Fire Protection Facilities The CCCFPD service area consists of the jurisdictional limits of the City of Pleasant Hill and Contra Costa County. As listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, cumulative development in the City of Pleasant Hill would result in predominantly residential and commercial 21 Contra Costa County Library. 2006. New Strategic Plan. Website: http://ccclib.org/aboutus/StrategicPlan%20MASTER.pdf. Accessed February 21, 2019 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Public Services FirstCarbon Solutions 3.12-17 development. These types of development would increase the permanent resident and daytime population. The increase in population would result in an increased demand for fire protection facilities. However, the need for fire protection services is gradual as development occurs. To help offset the increased demand, the cumulative projects in Table 3-1 would be required to pay all applicable review and development impact fees to the CCCFPD. All developments would be in compliance with the California Fire Code, Part 9 of the CBC, and the proposed plan would follow standards for fire safety such as fire flow requirements for buildings, fire hydrant location and distribution criteria, automated sprinkler systems, and fire-resistant building materials. For these reasons, the cumulative projects would not result in the need to construct new or expand existing fire protection or emergency medical services facilities. Given the above information, the implementation of the proposed plan, in conjunction with other existing, planned, and probable future projects, would result in a less than significant cumulative impact related to fire protection facilities. Police Protection Facilities The PHPD’s service area is within the limits of the City of Pleasant Hill. As listed in Table 3-1, cumulative development in the City of Pleasant Hill would result in predominantly residential and commercial development. These types of development would increase the permanent resident and daytime population. The increase in population and development would result in an increased demand for police protection facilities. Cumulative projects within the service area of the PHPD would be reviewed for impacts on police protection services and would be required to address any potential impacts with mitigation. Cumulative projects would need to provide adequate emergency access for police services with proper signage and lighting. Because demand for law enforcement services is highly dependent on a number of factors that vary substantially by project (clientele, hours of operation, crime prevention measures, etc.), it is unlikely that there would be substantial overlap in demand that would result such that new facilities are necessary. Therefore, the implementation of the proposed plan, in conjunction with other projects, would result in a less than significant cumulatively impact related to police protection facilities. School Facilities The MDUSD service area is located central and northern Contra Costa County and covers the cities of Pleasant Hill, Concord, and Walnut Creek.22 As listed in Table 3-1, cumulative development in the City of Pleasant Hill would result in predominantly residential and commercial development. Residential development would increase the permanent population, increasing demand for school facilities. Cumulative projects listed in Table 3-1 in conjunction with the proposed plan would add residents to the City. The development of the 22 Mount Diablo Unified School District (MDUSD). School Finder. Website: https://www.mdusd.org/schoolfinder. Accessed February 21, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Public Services Draft EIR 3.12-18 FirstCarbon Solutions Pleasant Hill 2003 General Plan Housing Element Opportunity sites on Beatrice Road and Cleveland Road are the only residential projects listed in Table 3-1 and would add approximately 202 housing units resulting in approximately 505 residents assuming 2.5 persons per household ratio. This increase in population would be in addition to the approximately 103 residents (totaling 608 people) associated with the implementation of the Residential Project and would result in an increase in school aged residents. Cumulative projects would be required to pay development impact fees impact fees towards schools. Pursuant to Government Code Section 65995, payment of adopted development fees is considered “full and complete mitigation” for impacts to school facilities, and local governments are prohibited from assessing additional fees or exactions for school impacts. Given this and the anticipated incremental contribution to the MDUSD student population, the implementation of the proposed plan, in conjunction with other projects, would result in a less than significant cumulative impact related to school facilities. Library Facilities The geographic scope for the cumulative analysis of other public facilities analysis is the service area of the Contra County Library system, which includes the existing Pleasant Hill library. Cumulative projects in Table 3-1, mainly the residential projects, may also result in the increase in library use, but would have nominal impacts on library services given the low cumulative residential persons projection. The new library would improve and enhance the delivery of library services to the community. Cumulative projects listed in Table 3-1 would add approximately 202 housing units resulting in approximately 505 residents assuming 2.5 persons per household ratio. This increase in population would be in addition to the approximately 103 residents associated with the Residential Project, totaling 608 people. As such, the implementation of the proposed plan, in conjunction with other projects, would result in a less than significant cumulative impact related to library facilities. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Recreation FirstCarbon Solutions 3.13-1 3.13 - Recreation 3.13.1 - Introduction This section describes existing parks and recreational facilities in the region and Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to parks and recreational facilities that could result from the implementation of the Specific Plan (proposed plan). Information in this section is based on information obtained from the City of Pleasant Hill 2003 General Plan. The following comments were received during the Environmental Impact Report (EIR) scoping period related to recreation: • The park should include both active and passive recreational components (west side of park along Monticello Avenue is appropriate for a ball field, east side near the creek should be open space and allow for trails. • The Creekside trail should extend from the library to the northern property line to connect the library, park, and schools. • How will the Creekside trail and potential bridge connect the school and library to students? • Creekside trail should include connection to garden and native plantings. 3.13.2 - Environmental Setting Existing Parks and Recreational Facilities The California Department of Parks and Recreation offers State parklands and trails throughout California. The California Department of Parks and Recreation manages and preserves 280 State park units, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, and 4,500 miles of trails.1 State Parks Mount Diablo State Park The only State Park within 10 miles of the plan area is Mount Diablo State Park, located approximately 6 miles southeast of the plan area in Contra Costa County. The approximately 20,000- acre park contains open land for camping, hiking, picnicking, horseback riding, mountain biking, and other recreational opportunities.2 Park gates are open year-round from 8:00 a.m. to sunset.3 Plan Area There are no existing State parks, recreational facilities, or designated open spaces within the plan area. 1 California Department of Parks and Recreation. Accessed February 22, 2019. Website: https://www.parks.ca.gov/?page_id=91. 2 California Department of Parks and Recreation. 2000. Mount Diablo State Park Brochure. Website: https://www.parks.ca.gov/pages/517/files/mtDiabloBrochure.pdf. Accessed November 13, 2018. 3 California Department of Parks and Recreation. 2018. Mount Diablo SP. Website: https://www.parks.ca.gov/?page_id=517. Accessed November 13, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Recreation Draft EIR 3.13-2 FirstCarbon Solutions Regional Parks The East Bay Regional Park District offers regional parklands and trails in Alameda and Contra Costa counties. The East Bay Regional Park District manages and preserves 121,397 acres within 73 parks and 1,250 miles of trails.4 Two regional parks are located within 5 miles of the plan area: Diablo Foothills Regional Park and Briones Regional Park. Diablo Foothills Regional Park The Diablo Foothills Regional Park is located approximately 6 miles southeast of the plan area in Contra Costa County. The 1,060-acre park contains open land for horseback riding, hiking, bicycling, and nature study. There are no developed facilities in the park. Although the park is open year- round, some parts may be closed at times to protect bird-nesting habitat within the park.5 Briones Regional Park Briones Regional Park is located approximately 3 miles west of the plan area. The 6,225-acre park contains open land for hiking, running, horseback riding, picnicking, birdwatching, and kite flying. The park is open year-round from 8:00 a.m. to sunset.6 Plan Area There are no existing regional parks, recreational facilities, or designated open spaces within the plan area. There is an off-site East Bay Municipal Utilities District (EBMUD) pedestrian and bicycle trail that runs parallel to the on-site Grayson Creek Corridor. Local Community Parks The Pleasant Hill Recreation and Park District (RPD) offers community parks and recreational facilities within the City of Pleasant Hill. The City of Pleasant Hill has adopted a standard of 3 acres of developed parkland for each 1,000 residents, which would require 100 acres for the estimated current estimated population of 33,500. The RPD maintains 203.5 acres of parkland and open space within the City (with 68.0 developed acres), including the portion of the Contra Costa Canal Trail that runs through the City of Pleasant Hill.7 Twenty- four community parks and recreational facilities are located within 3 miles of the plan area. The closest community park to the plan area is Pleasant Oaks Park, which is located directly adjacent to the plan area across Santa Barbara Road, 70 feet to the north. Table 3.13-1 provides a brief description of the 24 community parks within a 3-mile search radius of the plan area, the recreational amenities that they feature, and the jurisdiction and park department where the park is located. 4 East Bay Regional Park District. 2018. About the District. Website: https://www.ebparks.org/about/default.htm. Accessed November 13, 2018. 5 East Bay Regional Park District. 2018. Diablo Foothill Regional Park. Website: https://www.ebparks.org/parks/diablo_foothills/default.htm. Accessed November 13, 2018. 6 East Bay Regional Park District. 2018. Briones Regional Park. Website: https://www.ebparks.org/parks/briones/default.htm. Accessed November 13, 2018. 7 City of Pleasant Hill 2003 General Plan. Page 25. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Recreation FirstCarbon Solutions 3.13-3 Table 3.13-1: Community Parks within 3 miles of Plan Area Name Acreage Distance from Plan Area (miles) Jurisdiction and Park Department Amenities Pleasant Oak Park 11 0.008 RPD Baseball/softball diamond, paved walking paths, picnic areas, playground, soccer field Larkey Park 13 0.73 City of Walnut Creek Walnut Creek Recreation Playground, basketball court, horseshoe pits, picnic areas, swim center, tennis courts, trail connections, volleyball court Pleasant Hill Park 16.5 0.86 RPD Softball diamond, picnic areas, basketball court, playgrounds, community gardens Sherman Oaks Park 1 0.95 RPD Picnic tables and playground Dinosaur Hill Park 13 1.01 RPD Hiking trails, parking lot Len Hester Park 4 1.02 City of Concord Concord Parks and Recreation Paved path and picnic areas Pinewood Park n/a 1.10 RPD Baseball diamond and paved paths Walden Park 4.5 1.10 City of Walnut Creek Walnut Creek Recreation Playgrounds, basketball court, disc golf course, handball court, picnic area, trail connections Rodgers-Smith Park 4.5 1.23 RPD BBQ area, baseball/softball diamond, basketball court, lighted bocce courts, sand volleyball court Heather Farms Park 102 1.33 City of Walnut Creek Walnut Creek Recreation Playgrounds, baseball fields, basketball courts, bike paths, community center, equestrian center, fishing pond, garden center, off-leash dog park, picnic areas, skate parks, soccer fields, swim center, tennis courts, volleyball court Las Juntas Park 7 1.51 RPD Paved paths and trails Brookwood Park 6.3 1.53 RPD BBQ area, basketball court, picnic tables, and playground Cambridge Park 10 1.55 City of Concord Concord Parks and Recreation Children’s play area, multi-use turf fields, picnic tables Frank Salfingere Park 1.5 1.79 RPD Paved paths City of Pleasant Hill—Oak Park Properties Specific Plan Recreation Draft EIR 3.13-4 FirstCarbon Solutions Table 3.13-1 (cont.): Community Parks within 3 miles of Plan Area Name Acreage Distance from Plan Area (miles) Jurisdiction and Park Department Amenities Fox Creek Park 0.5 2.0 Contra Costa County Public Works Department Barbecue area and picnic tables Walden Green 2.0 2.0 Contra Costa County Public Works Department Paved trails and turf area Civic Park 16.7 2.05 City of Walnut Creek Walnut Creek Recreation Playgrounds, community center, gazebo, seasonal ice- rink, library, picnic areas, trail connections Shannon Hills Park 2.5 2.10 RPD Playground, passive turf area Ygnacio Valley Park 9.5 2.16 City of Concord Concord Parks and Recreation Baseball fields, paved path, picnic areas, children’s play area Rick Seers Park 0.75 2.25 City of Concord Concord Parks and Recreation Basketball court, picnic areas, playground, walking track Meadow Homes Park 12 2.40 City of Concord Concord Parks and Recreation Water spray area, playground, athletic fields, picnic areas Chilpancingo Park 2.5 2.48 RPD Open space, paved walking paths Paso Nogal Park 65.5 2.45 RPD Picnic areas, dog park area, hiking trails Foothills Park 2.3 2.48 City of Martinez Department of Recreation/Senior Center and Community Services Neighborhood picnic and recreation area, basketball court and trails Golden Hills Park 7.0 2.78 City of Martinez Department of Recreation/Senior Center and Community Services Two lighted tennis courts, multi-use facility, restroom, playground area, basketball court and picnic area Ellis Lake Park 10 2.95 City of Concord Concord Parks and Recreation Paved path, children’s play area Note: RPD = Pleasant Hill Recreation and Park District The closest designated open spaces to the plan area are Briones Regional Park, located approximately 1.83-miles west of the plan area, and Lime Ridge Open Space, located approximately 3.45-miles east of the plan area. Plan Area There are no existing public parks or recreational facilities within the plan area. Exhibit 3.13-1 displays the parks in the vicinity of the plan area. 42820009 • 08/2019 | 3.13-1_ parks_ w ithin _ 3miles_ o f_ plan _ area.mxd Exhibit 3.13-1 Parks Within3-miles o f the Plan Area So urce: ESRI Aerial Imagery. CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Shell RidgeOpen Space HeatherFarms Park El Divisadero ParkSan Miguel Park Ygnacio Valley Park AcalanesOpen Space Civic Park Waldon Park Larkey Park Pleasant Oak Park PleasantHill Park Dinosaur Hill ParkBrookwoodPark Briones RegionalPark Cambridge Park MeadowHomes Park Frank Salfingere Park Las Juntas Park Paso Nogal Park Fair Oaks ParkRogers Smith Park ShannonHills Park Len Hester Park HoweHomestead Park Chilpancingo Park PinewoodPark Rick SeersPark Golden Hills Park Foothills Park 1 0 10.5 Miles Legend Plan Area 3-Mile Radius Parks within 3-Miles of Plan Area Sherman Oak Park Ellis Lake Park THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Recreation FirstCarbon Solutions 3.13-7 3.13.3 - Regulatory Framework Federal No federal plans, policies, regulations, or laws related to recreation are applicable to the proposed plan. State Quimby Act The Quimby Act (California Government Code § 66477) was established by the California Legislature in 1965 to preserve open space and parkland in rapidly urbanizing areas of the State. The Quimby Act allows cities and counties to establish requirements for new development to dedicate land for parks, pay an in-lieu fee, or provide a combination of the two. The Quimby Act provides two standards for the dedication of land for use as parkland. If the existing area of parkland in a community is greater than 3 acres per 1,000 residents, then the community may require dedication based on a standard of up to 5 acres per 1,000 persons residing in the subdivision based on the current ratio of parkland per 1,000 residents. If the existing amount of parkland in a community is less than 3 acres per 1,000 residents, then the community may require dedication based on a standard of only 3 acres per 1,000 persons residing in the subdivision. The Quimby Act requires a city or county to adopt standards for recreational facilities in its general plan if it is to adopt a parkland dedication or fee ordinance. The City of Pleasant Hill 2003 General Plan includes park standards,8 and therefore can require the payment of development fees and/or dedication of land pursuant to chapter requires payment of a development fee and/or dedication of land pursuant to Section 17.40.020 of the Pleasant Hill Municipal Code. It should be noted that the Quimby Act applies only to the acquisition of new parkland; it does not apply to the physical development of new park facilities or associated operations and maintenance costs. Therefore, the Quimby Act effectively preserves open space needed to develop park and recreation facilities, but it does not ensure the development of the land or the provision of park and recreation services to residents. In addition, the Quimby Act applies only to residential subdivisions. Nonresidential projects could contribute to the demand for park and recreation facilities without providing land or funding for such facilities. Quimby Act fees are collected by the local agency (park district, city, or county) in which the new residential development is located. Local Pleasant Hill 2003 General Plan Recreation, Parks, Open Space Community Development Goals, Policies, and Programs • Goal 17: Offer high-quality park, recreation and trail facilities and programs for residents and visitors. 8 City of Pleasant Hill. 2003. Pleasant Hill 2003 General Plan, pages 25–28. City of Pleasant Hill—Oak Park Properties Specific Plan Recreation Draft EIR 3.13-8 FirstCarbon Solutions • Program 17.2: Work with the Recreation and Park District to establish and achieve a standard of 3 acres of developed parkland per 1,000 population. • Goal 18: Provide new sports fields and recreation facilities • Policy 18A: Designate appropriate sites for new playing fields, tennis courts and other facilities. • Program 18.1: Work with the Recreation and Park District to facilitate development and expansion of recreation and park facilities. • Program 18.2: Consider recreation-related development at the former Oak Park Elementary School site or other sites south of Gregory Lane in a manner that accommodates flood control and, where feasible, provides for additional on-site flood control facilities. Pleasant Hill Municipal Code The Pleasant Hill Municipal Code, Chapter 18.52, Water Efficient Landscaping, outlines regulations that govern landscape design and development that conserves water. Section 18.52.050 of the Pleasant Hill Municipal Code contains submittal requirements that ensure project applicants submit water efficient landscape applications prior to commencement of grading or constructions. A landscape plan is required to contain information about plant materials, irrigation system design, water features, and grading and soil preparation. The Pleasant Hill Municipal Code, Section 17.40.020, contains provisions for park dedication or payment of an in-lieu fee, or both, at the option of the City, to maintain the City’s standard of 3 acres of park area per 1,000 persons residing within a subdivision. Pleasant Hill Recreation and Park District Master Plan The RPD conducted community outreach, surveys, and demographic and trend analysis to understand the public’s needs for future park service, which informed the Pleasant Hill RPD Master Plan. The Pleasant Hill RPD Master Plan addresses four goals: simplicity, understandability, usability, and accountability. The RPD Master Plan started by assessing current sites and facilities, programs and services, and park classification and level of service. Focus groups were used to determine the public’s preferred park and recreational opportunities. The public’s top response for new recreation and park opportunities was for new special events, additional athletic fields/courts, parking expansion/improvements, alternative uses for School House and Winslow Center, and a performing arts center.9 The public’s response to the top ten facility/park amenity priority rankings determined that multi-use paved trails (hiking, biking, and walking), multi-use paved trails (for hiking, biking, and walking), and open space conservation areas were the top three ranked uses.10 3.13.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 California Environmental Quality Act (CEQA) Guidelines Appendix G, to determine whether impacts related to recreation are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: 9 Pleasant Hill Recreation and Park District (RPD). The BIG Picture, Survey Results. 10 Pleasant Hill Recreation and Park District (RPD). Master Plan Findings Presentation. Accessed: February 22, 2019. Website: http://pleasanthillrecbigpic.com/about-big-pic.html. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Recreation FirstCarbon Solutions 3.13-9 a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Approach to Analysis Impacts related to parks and recreational facilities were determined by evaluating the proposed plan’s effect on existing park and recreational facility usage levels. In addition, the analysis assesses whether plan-related population increases could affect achievement of the Pleasant Hill 2003 General Plan parkland standard, and thus whether there would be need for construction or expansion of park and recreational facilities in a manner that would result in environmental impacts. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of recreation impacts resulting from implementation of the proposed plan. • Result in additional population using recreational facilities and causing physical deterioration of such facilities • Result in additional population creating need for new or physically altered parks, the construction of which could cause significant environmental impacts, in order to maintain acceptable recreational facilities per capita ratio (specifically 3 acres of park per 1,000 persons). Impact Evaluation Effects of Increased Use of Existing Parks Impact REC-1: The proposed plan could increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Construction Civic Project and Residential Project Impacts related to increased use of existing parks and recreational facilities are limited to operational impacts. No respective construction impacts would occur. Operation The RPD maintains parks, trails, and recreational facilities for public use throughout the City of Pleasant Hill. City park standards are established in the Pleasant Hill 2003 General Plan. Specifically, Community Development Program 17.2 of the General Plan Community Development Element, which is to achieve a level of park facilities equal to 3 acres per 1,000 population or 0.003-acre per person. Civic Project The proposed park would consist of two approximately 40,000-square-foot baseball fields. Ball fields would include two dugouts and two bullpens per field for a total of four of each. A 54,000-square-foot City of Pleasant Hill—Oak Park Properties Specific Plan Recreation Draft EIR 3.13-10 FirstCarbon Solutions soccer field would overlay on the ball field grass between the two diamonds. The grassy area (that incorporates all the fields and additional grassy area) would total 93,000 square feet. Three, 720 square feet of bocce courts and restroom would be provided as part of the proposed park. The recreational facilities associated with the proposed park (ball fields, soccer fields, grass area, and three bocce courts) would total 95,160 square feet in available proposed on-site parks/recreational facilities. The recreational facilities within the Civic Project would total over 2.18 acres11 in available proposed on-site parks/recreational facilities, which exceeds the Pleasant Hill 2003 General Plan parkland requirements of 3 acres per 1,000 residents (0.003 acres per person). Furthermore, there are multiple community and regional parks in the vicinity of the Civic Project, providing further recreational facilities for residents. The nearest park to the plan area is the 11-acre Pleasant Oaks Park, directly adjacent to the northern boundary of this property across Santa Barbara Road, and the nearest trail to the plan area is the EBMUD trail directly adjacent to the eastern boundary of the Civic Project parallel to the Grayson Creek Corridor. Besides the 24 local community parks located within 3 miles of the plan area, Mount Diablo State Park is located 6 miles southeast of the plan area, Diablo Foothills Regional Park is located approximately 6 miles southeast of the plan area, and Briones Regional Park is located approximately 3 miles west of the plan area. These parks total 27,285 acres in available existing parks. Given the existing proximate parks and recreational facilities, and that the Civic Project would provide recreational facilities, impacts related to potential increased use and physical deterioration of existing parks and recreational facilities would be less than significant. Residential Project As discussed in Section 3.11, Population and Housing, Impact POP-1, the Residential Project would develop 34 single-family residential units with seven accessory dwelling units, which would result in a population of approximately 103 residents, requiring 0.31 acres of parkland. While the Residential Project would provide a 0.33-acre pocket park, the Residential Project sponsor has agreed to pay parkland in-lieu fees. Thus, parkland in-lieu fees shall be satisfied for the Residential Project per City of Pleasant Hill ordinance provisions. The parkland in-lieu fees would be collected to fund the acquisition and development of parks in the City of Pleasant Hill to serve City residents. Therefore, impacts related to potential increased use and physical deterioration of existing parks and recreational facilities would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 11 This number includes the 2.18 acres for the proposed park at 1700 Oak Park Boulevard, but does not include the 0.33-acre community park that is part of the Residential Project. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Recreation FirstCarbon Solutions 3.13-11 Effects from Provision of Parks or Recreational Facilities Impact REC-2: The proposed plan would include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Construction Civic Project The recreational facilities constructed as part of the Civic Project (ball fields, soccer fields, grass area, and three bocce courts) would total 95,160 square feet in available proposed on-site parks/recreational facilities. In addition, the Civic Project would provide a pedestrian and bike trail connecting the trail on the proposed library property. The Civic Project would also include public recreational facilities including a bicycle path and improved pedestrian sidewalks along Monticello Avenue between Oak Park Boulevard and the Santa Barbara Road as well as a bicycle path and improved pedestrian sidewalks along Oak Park Boulevard between from the EBMUD trail to the western plan area boundary. Construction of these recreational facilities could have an adverse physical effect on the environment. As described in Impact NOI-1 in Section 3.10, Noise, restricting construction activities to the hours between 7:30 a.m. and 7:00 p.m. on weekdays, 9:00 a.m. and 6:00 p.m. on Saturdays and Sundays (grading is not allowed on Sundays) and implementing best management noise reduction techniques and practices outlined in MM NOI-1, would ensure that construction noise levels would not result in a substantial temporary increase in ambient noise levels. As described in Section 3.2, Air Quality, and Section 3.6, Greenhouse Gas Emissions and Energy, MM AIR-2 would require implementation of BAAQMD best management practices during construction, MM AIR-3 would require the use of construction equipment that would meet Tier IV off-road emissions standards, and MM GHG-1 would require the applicant to implement and document annual GHG emissions reduction measures. Section 3.14, Transportation, determined that demolition and construction of the recreational facilities would result in less than significant impacts to the circulation system, roadway design features, and emergency access with implementation of MM TRANS-1a (preparation and implementation of a construction traffic management plan). As a result, the impact related to provision of parks or recreational facilities on this property would be less than significant with mitigation. Residential Project The Residential Project would include public recreational facilities including a small residential- serving pocket park. Construction of this pocket park could have an adverse physical effect on the environment. However, as analyzed above, with implementation of MM NOI-1, MM AIR-2, MM AIR-3, MM GHG-1, and MM TRANS-1a, construction of the Residential Project would result in less than significant impacts. City of Pleasant Hill—Oak Park Properties Specific Plan Recreation Draft EIR 3.13-12 FirstCarbon Solutions Operation Civic Project and Residential Project Impacts related to construction or expansion of parks and recreational facilities are limited to construction impacts. No respective operational impacts would occur. Level of Significance Before Mitigation Potentially Significant (Construction-period impacts) (Civic Project and Residential Project) Mitigation Measures Implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a (Civic Project and Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) 3.13.5 - Cumulative Impacts The geographic scope of the cumulative parks and recreation analysis consists of the local community and regional parks within the boundary of the City of Pleasant Hill. These include parks and recreational facilities managed by the East Bay Regional Park District and RPD. The implementation of the proposed plan in conjunction with the projects listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, would result in residential and commercial developments as well as recreational facilities within 5 miles of the plan area. Such cumulative development in the plan area would be expected to increase permanent residents of approximately 608 persons. Of these approximately 608 persons, 103 of them would be associated with the Residential Project. This increase in permanent population would result in an increased cumulative demand for park facilities. Cumulative development would also increase daytime population, which would include employee staff and visitors. The increase in daytime population would result in a cumulative increased demand for park facilities. The greater use of parks and recreational facilities in Pleasant Hill could result in physical deterioration of existing parks. However, population growth is only one factor in determining whether parks and recreational facilities would deteriorate through increased use. Other variables include park design, age, infrastructure, and park use. In addition, the proposed plan would result in new recreational facilities that would help offset this cumulative park demand. To further offset demand, the cumulative projects must demonstrate compliance with applicable design guidelines established in the Pleasant Hill 2003 General Plan. Furthermore, the cumulative projects are subject to park impact fees (refer to Pleasant Hill Municipal Code Section 17.40.020). The City also continues to retain, enhance, and expand park and recreation facilities throughout the City limits, as well as continues to assess its current and future park needs through the development of the RPD Master Plan. The RPD Master Plan assesses current sites and facilities, programs and services, and park classification and level of service. These efforts ensure that the City accommodates the current and anticipated demand for parks and recreational facilities. With payment of park impact fees by the cumulative projects and ongoing oversight by the RPD, there City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Recreation FirstCarbon Solutions 3.13-13 would be a less than significant cumulative impact related to potential increased use and physical deterioration of existing parks and recreational facilities. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-1 3.14 - Transportation 3.14.1 - Introduction This section describes existing conditions related to transportation in the Specific Plan area (plan area) as well as the relevant regulatory framework. This section also evaluates the possible impacts related to transportation that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on applicable policies, regulations, goals, and guidelines established by the City of Pleasant Hill, Contra Costa County, and the Contra Costa Transportation Authority (CCTA) as well as the Transportation Impact Analysis (TIA) (see Appendix J). The following comments were received during the Environmental Impact Report (EIR) scoping period related to transportation: • Request to coordinate with California Department of Transportation (Caltrans) to determine the appropriate improvements, including bicycle improvements; • Recommendation for the proposed plan to include Transportation Demand Management Program to reduce Vehicle Miles Traveled (VMT) and greenhouse gas (GHG) emissions; • Recommendation for the proposed plan to include ramp analysis to avoid traffic conflicts due to queue formation on Interstate 680 (I-680) on southbound off-ramp to Treat Boulevard and on-ramp from North Main Street and Geary Road; and northbound off-ramp to Treat Boulevard and on-ramp from Oak Road; • Requests for bus stops identified on site plans and that one of the bus stops in the plan area remain open during construction; • Requests a temporary Americans with Disabilities Act (ADA) accessible bus stop be provided if other bus stops cannot remain open during construction; • Recommendation to analyze traffic impacts and roadway safety; • Recommendation that the proposed plan contain a 140 space parking lot; • Concern about left turn traffic from Monticello Avenue, school traffic, and AM commute traffic on Oak Park Boulevard; • Concern about inadequate emergency access points into parking lot; • Concern about available parking space; • Concern about potential traffic impacts, particularly under cumulative condition; and • Concern about transportation impacts and safety. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-2 FirstCarbon Solutions 3.14.2 - Existing Conditions Roadway Facilities Regional Interstate 680 The closest regional roadway is I-680. I-680 primarily runs north/south connecting the City of Pleasant Hill to regional destinations such as San José to the south and Fairfield to the north. I-680 is located 0.32 mile east of the plan area and can be accessed via Oak Park Boulevard. In the vicinity of the plan area, this freeway provides five mixed-flow and one high-occupancy vehicle lane in the southbound direction, and five mixed-flow lanes in the northbound direction in addition to auxiliary lanes between interchanges. Access to/from northbound I-680 in the plan area vicinity is provided from Oak Road Boulevard on the east side of the freeway. Access to/from southbound I-680 is provided from Main Street at Sunnyvale Avenue. Ramps at Monument Boulevard/Contra Costa Boulevard also provide freeway access to the area. Local Arterials North Main Street North Main Street is a north-south four-lane City arterial that runs parallel to I-680. Oak Park Boulevard has an overpass with ramps to access North Main Street. South of Oak Park Boulevard, the right lane in both directions is a Class III bicycle facility with bike sharrow markings. North of Oak Park Boulevard, buffered bicycle lanes are provided until the roadway transitions to Contra Costa Boulevard, where a bicycle lane is provided in the northbound direction and Class III lane marking provided in the southbound direction. Sidewalks are also present on both sides of the road. No on- street parking is allowed along this arterial in the study area. The posted speed limit is 35 miles per hour. North Main Street is located approximately 0.32 mile east of the plan area. Boyd Road Boyd Road is an east-west City arterial that runs from Pleasant Hill Road to North Main Street, with one lane in each direction. Boyd Road runs north of Oak Park Boulevard and is located approximately 0.54 mile north of the plan area. The posted speed limit is 25 miles per hour. Collectors Oak Park Boulevard Oak Park Boulevard is an east-west collector City roadway that extends west from Buskirk Avenue to Pleasant Hill Road. It features a bridge across I-680 with two lanes in each direction, and then reduces to a one-lane undivided road in each direction at Pleasant Valley Drive. The roadway has wide shoulders that are primarily used for on-street parking, but is also used by bicyclists. Sidewalks vary along the road, with small stretches without sidewalks on either side of the road. The posted speed limit is 30 miles per hour. The Oak Park Boulevard and North Main Street intersection is located approximately 0.32 mile east of the plan area. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-3 Patterson/Putnam Boulevard Patterson Boulevard is a north-south City collector roadway that extends from Boyd Road to Oak Park Boulevard where it continues south as Putnam Boulevard. The road has one travel lane in each direction with time of day bicycle lanes created by prohibiting on-street parking between 7:30 a.m. and 6:00 p.m. This roadway contains bike lanes in both directions. The east side of the street has a continuous sidewalk, while the sidewalk on the west side is intermittent. The posted speed limit is 25 miles per hour. The Patterson/Putnam Boulevard cross section is approximately 0.22 mile to the west of the plan area. Local Streets Monticello Avenue Monticello Avenue is a north-south local private roadway with one lane in each direction. The roadway connects Oak Park Boulevard to the Pleasant Hill Middle School and provides a roundabout just south of Santa Barbara Road. Monticello Avenue bisects the plan area with the proposed Residential Project to the west and the Civic Project to the east. Sidewalks are continuously provided on the west side of the roadway. On the east side of the roadway, sidewalks are not provided between Oak Park Boulevard and the parking bulb south of Santa Barbara Road. On-street parking is general allowed along Monticello Avenue. This street provides primary north-south access to the Pleasant Hill Middle School and is heavily used around school peak-hours. On evenings and weekends, it is primarily used to access Pleasant Oaks Park and the existing sports fields to the north of the plan area. Monticello Avenue does not have a posted speed limit and does not contain bicycle lanes. Monte Cresta Avenue Monte Cresta Avenue is a north-south two-lane roadway with one lane in each direction that connects Patterson Boulevard to south of Oak Park Boulevard, where it terminates at McNutt Avenue in a residential subdivision. On-street parking is permitted; sidewalks are provided between Santa Barbra Road and Oak Park Boulevard. Monte Cresta Avenue is located approximately 0.05 mile west of the plan area. There is no posted speed limit and there are no bicycle lanes. Santa Barbara Road Santa Barbara Road is a two-lane, undivided local east-west roadway with one lane in each direction that connects Monticello Avenue and Patterson Boulevard. On-street parking and sidewalks are provided along the roadway. Santa Barbara Road is located immediately north of the plan area. There is no posted speed limit and there are no bicycle lanes. Hawthorne Drive Hawthorne Drive is a two-lane east-west undivided local roadway that is off-set at Patterson Boulevard. To the east of Patterson Boulevard, it provides access to the Pleasant Hill Middle School with sidewalks on the north side of the street; no on-street parking is permitted on this section of roadway. To the west of Patterson Boulevard, it serves a residential neighborhood where on-street parking is allowed, and no sidewalks are provided. Hawthorne Drive is located approximately 0.16 mile to the north of the plan area. There is no posted speed limit and there are no bicycle lanes. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-4 FirstCarbon Solutions Soule Avenue Soule Avenue is a two-lane, undivided local east-west roadway that connects to Boyd Road and neighborhood streets. The roadway provides access to arterial streets that lead into surrounding areas. Soule Avenue is located approximately 0.37 mile north of the plan area. There is no posted speed limit and there are no bicycle lanes. Cleaveland Road Cleaveland Road is a two-lane, undivided north-south roadway that connects to Boyd Road and neighborhood streets. The roadway provides access to arterial streets that lead into surrounding areas. Cleaveland Road is located to approximately 0.24 mile north of the plan area. There is no posted speed limit and there are no bicycle lanes. Pleasant Valley Drive Pleasant Valley Drive is a two-lane, undivided north-south roadway that connects to Oak Park Boulevard and neighborhood streets. The roadway provides access to arterial streets that lead into surrounding areas. There is no posted speed limit and there are no bicycle lanes. Pleasant Valley Road is located approximately 0.24 mile east of the plan area. Study Area The following provides a description of the existing principal roadways within the study area. The study area includes the main roadways and intersections within about 1 mile of the plan area. The weekday mid-day (2:00 p.m.to 4:00 p.m.), when the adjacent middle school generate the most weekday vehicular traffic, was also evaluated for a select subset of study intersections closest to the plan area (noted in bold below). The 15 study intersections were selected in consultation with City staff based on a review of the plan area and the amount of traffic that could be added to the intersections in the vicinity. (Exhibit 3.14-1) 1. Boyd Road at Patterson Boulevard 2. Soule Avenue at Patterson Boulevard 3. Hawthorne Drive at Patterson Boulevard 4. Santa Barbara Road at Patterson Boulevard 5. Oak Park Boulevard at Patterson Boulevard 6. Santa Barbara Road at Monte Cresta Avenue 7. Oak Park Boulevard Monte Cresta Avenue 8. Hawthorne Drive at Monticello Avenue 9. Santa Barbara Road at Monticello Avenue 10. Oak Park Boulevard at Monticello Avenue 11. Oak Park Boulevard at Canal Trail Crossing 12. Cleaveland Road at Canal Trail Crossing 13. Oak Park Boulevard at Pleasant Valley Drive 14. Pleasant Valley Drive at Main Street 15. Oak Park Boulevard at Main Street 42820009 • 08/2019 | 3.14-1_Study_Area_Intersection.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-1 Study Area Intersection Location Map Source: FEHR + PEERS, April 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-7 Vehicle Level of Service Existing traffic operations within the study area were determined using the term “level of service” (LOS). LOS is a qualitative description of traffic operating conditions whereby a letter grade from A (best or free-flow conditions) to F (worst or over capacity/severe congestion conditions) is assigned. These grades represent the perspective of drivers and are an indication of the comfort and convenience associated with driving, such as speed, travel time, delay, and freedom to maneuver. LOS E corresponds to operations “at capacity.” When volumes exceed capacity, stop-and-go conditions occur, and operations are designated LOS F. Existing LOS at the study intersections was determined for weekday AM and PM peak-hours. The City does not maintain a database of information related to roadway segment LOS, therefore the following description is limited to intersection LOS data within the study area. To determine the existing operations of intersections within the study area, observed peak-hour factors1 as well as truck, pedestrian, and bicycle activity were utilized. Study intersections were determined to operate within an overall service level standard, LOS D or better, set by the City and the CCTA during both the weekday morning and weekday evening peak-hours, which was confirmed during field observations. Different criteria are used to determine LOS of existing signalized and existing unsignalized (stop-controlled) intersections. As discussed below, different methods were used to determine existing LOS at signalized and un- signalized (stop-controlled) intersections. Signalized Intersections Operations of signalized intersections were determined using the method from Transportation Research Board’s 2010 Highway Capacity Manual (HCM 2010). The method uses various intersection characteristics (traffic volumes, lane geometry, and signal phasing) to estimate the average control delay experienced by motorists traveling through an intersection. Control delay incorporates delay associated with deceleration, acceleration, stopping, and moving up in the queue. The criteria for the various intersection LOS designations are presented in Table 3.14-1. Table 3.14-1: Signalized LOS Criteria for Intersections LOS Control Delay (sec/vehicle) Description Signalized Intersections (a) Unsignalized Intersections (b) A <10.0 <10.0 Operations with very low delay and most vehicles do not stop. B >10.0 and <20.0 >10.0 and <15.0 Operations with good progression but with some restricted movement. C >20.0 and <35.0 >15.0 and <25.0 Operations where a significant number of vehicles are stopping with some backup and light congestion. 1 The relationship between the peak 15 minute flow rate and the full hourly volume is given by the peak-hour factor (PHF) based on the following equation: PHF=Hourly volume/(4* volume during the peak 15 minutes of flow). The analysis of LOS is based on peak rates of flow occurring within the peak-hour because substantial short-term fluctuations typically occur during an hour. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-8 FirstCarbon Solutions Table 3.14-1 (cont.): Signalized LOS Criteria for Intersections LOS Control Delay (sec/vehicle) Description Signalized Intersections (a) Unsignalized Intersections (b) D >35.0 and <55.0 >25.0 and <35.0 Operations where congestion is noticeable, longer delays occur, and many vehicles stop. The proportion of vehicles not stopping declines E >55.0 and <80.0 >35.0 and <50.0 Operations where there is significant delay, extensive queuing, and poor progression. F >80.0 >50.0 Operations that are unacceptable to most drivers, when the arrival rates exceed the capacity of the intersection. Notes: (a) 2010 Highway Capacity Manual, Chapter 18, Page 6, Exhibit 18-4 (b) 2010 Highway Capacity Manual, Chapter 19, Page 2, Exhibit 19-1 Source: Fehr & Peers 2019. Unsignalized Intersections Operations at unsignalized intersections were determined using the method from the HCM 2010. With this method, operations are defined by the average control delay per vehicle (measured in seconds) for each movement that must yield the right-of-way. At two-way or side street-controlled intersections, the control delay (and LOS) is calculated for each controlled movement, the left-turn movement from the major street, and the entire intersection. For controlled approaches composed of a single lane, the control delay is computed as the average of all movements in that lane. The delays for the entire intersection and for the movement or approach with the highest delay are reported. The criteria for the various intersection LOS designations are presented in Table 3.14-1. Study Area Traffic Counts Weekday AM (7:00 a.m. to 9:00 a.m.), weekday mid-day (2:00 p.m. to 4:00 p.m.), weekday PM (4:00 p.m. to 6:00 p.m.), and Saturday afternoon (1:00 p.m. to 3:00 p.m.) peak period intersection turning movement counts were conducted at the study intersections over a 72-hour period (Thursday through Saturday). The counts were conducted on clear days in May 2018 with area schools in session and a tournament at the Pleasant Oaks Park in the immediate vicinity of the plan area. In addition, separate counts were conducted for pedestrians, bicycles and heavy vehicles. For each of the count periods, a global peak-hour was identified. The weekday AM, mid-day, and PM peak- hours were identified to be 7:15 a.m. to 8:15 a.m., 2:30 p.m. to 3:30 p.m., and 4:45 p.m. to 5:45 p.m., respectively. The Saturday peak-hour was identified to be 1:00 p.m. to 2:00 p.m. The peak- hour volumes are presented on Exhibit 3.14-2 along with the existing lane configuration and traffic control. Existing bicycle and pedestrian volumes are shown on Exhibit 3.14-3. Traffic count worksheets are provided in the traffic impact study (see Appendix J). 42820009 • 08/2019 | 3.14-2_Existing_Peak_Hour_Vol.cdr Exhibit 3.14-2 Existing Peak Hour Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.14-3_Existing_Peak_Hour_Bicycle_Ped_Vol.cdr Exhibit 3.14-3 Existing Peak Hour Bicycle and Pedestrian Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-13 Existing daily traffic counts were collected at the following locations: • Hawthorne Drive, east of Patterson Boulevard • Monte Cresta Avenue, east of Patterson Boulevard • Santa Barbara Road, east of Patterson Boulevard • Monte Cresta Avenue, north of Oak Park Boulevard • Monticello Avenue, north of Oak Park Boulevard • Oak Park Boulevard at the East Bay Municipal Utilities District (EBMUD) Trail Crossing The average daily traffic volumes on these roadways are summarized in Table 3.14-2 and on Exhibit 3.14-4. Traffic volumes on local streets in the area are less than 1,500 vehicles per day and volumes on collectors are less than 3,000 vehicles per day. Hawthorne Drive and Monticello Avenue are the primary access routes to the Pleasant Hill Middle School and park areas, and as such, they experience the highest level of vehicle traffic, mostly concentrated around school bell times. Traffic volumes on Oak Park Boulevard are in the expected range for an arterial street. Saturday activity in the area is less than weekday activity, even considering tournament activities. Table 3.14-2: Existing Daily Traffic Volumes Roadway Roadway Classification Average Weekday Saturday Daily Traffic1 Peak-hour Traffic 2 Daily Traffic Peak-hour Traffic Hawthorne Drive, east of Patterson Boulevard Local Street 1,480 320 1,330 200 Monte Cresta Avenue, east of Patterson Boulevard Local Street 340 60 210 30 Santa Barbara Road, east of Patterson Boulevard Local Street 730 140 610 80 Monte Cresta Avenue, north of Oak Park Boulevard Local Street 1,260 200 740 80 Monticello Avenue, north of Oak Park Boulevard Collector 2,120 480 1,610 190 Oak Park Boulevard at East Bay MUD Trail Crossing Arterial 12,870 1,300 9,500 860 Notes: 1 Average daily two-way traffic measured over two days in May 2018, rounded to the nearest 10. 2 Average peak-hour volume from the two weekdays of data collection; the peak-hour of traffic in the immediate vicinity of the plan area is the morning, generally between 7:15 a.m. and 8:15 a.m., which is heavily influenced by school travel in the area. In the afternoon, school traffic is more dispersed. Source: Fehr & Peers 2018. Intersection Levels of Service Existing study area intersections operations, including LOS, were determined using the methodology described above. The results are summarized in Table 3.14-3 based on the HCM 2010 method unless City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-14 FirstCarbon Solutions otherwise specified. Observed peak-hour factors were used at all intersections, and truck, pedestrian and bicycle activity was factored into the determination. Study intersections generally operate at overall acceptable service levels in accordance with benchmarks set by the City during both the weekday morning, weekday afternoon, weekday evening, and Saturday afternoon peak-hours. The anticipated intersection operations were confirmed during field observations in the course of preparing the TIA. Detailed intersection LOS calculation worksheets are provided in the TIA (see Appendix J). Although the study intersections are shown to operate within acceptable levels of service, significant levels of traffic diversion from I-680 and other regional travel routes can occur through the study area when there is recurring and non-recurring congestion on other routes. Congestion on I-680, State Route (SR) 242, and SR-24 can influence the operations of intersections in the study area–for example, when traffic deviates from I-680 to Main Street, it can result in vehicle queue spillback that often extends from Geary Road through the signal at Oak Park Boulevard. The data collection effort and subsequent analysis is reflective of a day when there was not a major incident that resulted in atypical traffic diversion through the study area. Analyzing the effects of the traffic associated with the proposed plan on roadway operations considering increased traffic diversion due to non-recurring incidents on the regional transportation system would serve to dilute the effects of traffic associated with the proposed plan and would reduce the proposed plan’s proportionate share to potential impacts. In addition, traffic conditions in the study area are heavily influenced by school related traffic, especially along Boyd Road, Patterson Boulevard, Hawthorne Drive and Monticello Avenue. These peaking characteristics are accounted for in the analysis. Depending on when someone travels through an intersection, their travel experience can be different from shown in Table 3.14-3. Table 3.14-3: Existing Peak-hour Intersection Level of Service Intersection Intersection Control1 Peak-hour3 Existing Conditions Delay (in Seconds)4 LOS 1. Boyd Road at Patterson Boulevard AWSC AM PM SA 12 12 11 B B B 2. Soule Avenue at Patterson Boulevard SSSC AM PM SA 5 (39) 1 (15) 1(12) A (E) A (B) A (B) 3. Hawthorne Drive at Patterson Boulevard SSSC AM MD PM SA 9 (38) 3 (14) 1 (11) 2 (10) A (E) A (B) A (B) A (A) 4. Santa Barbara Road at Patterson Boulevard SSSC AM MD PM SA 2 (14) 2 (11) 1 (12) 1 (11) A (B) A (B) A (B) A (B) 5. Oak Park Boulevard at Patterson Boulevard Signalized AM MD PM SA 41 19 21 14 D B C B City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-15 Table 3.14-3 (cont.): Existing Peak-hour Intersection Level of Service Intersection Intersection Control1 Peak-hour3 Existing Conditions Delay (in Seconds)4 LOS 6. Santa Barbara Road at Monte Cresta Avenue AWSC AM MD PM SA 8 9 7 7 A A A A 7. Oak Park Boulevard Monte Cresta Avenue SSSC AM MD PM SA 3 (30) 3 (39) 2 (38) 1 (17) A (D) A (E) A (E) A (C) 8. Hawthorne Drive at Monticello Avenue SSSC AM MD PM SA 10 (11) 7 (10) 7 (9) 8 (9) A (B) A (A) A (A) A (A) 9. Santa Barbara Road at Monticello Avenue SSSC AM MD PM SA 2 (17) 3 (16) 3 (11) 4 (10) A (C) A (C) A (B) A (A) 10. Oak Park Boulevard at Monticello Avenue Signalized AM MD PM SA 7 6 3 4 A A A A 11. Oak Park Boulevard at Canal Trail Crossing NA NA NA NA 12. Cleaveland Road at Canal Trail Crossing NA NA NA NA 13. Oak Park Boulevard at Pleasant Valley Drive2 Signalized AM PM SA 11 10 13 B A B 14. Pleasant Valley Drive at Main Street2 Signalized AM PM SA 15 11 11 B B B 15. Oak Park Boulevard at Main Street2 Signalized AM PM SA 7 9 9 A A A Notes: Bold indicates operations below the local LOS standard for acceptable operations (below LOS D). 1 AWSC = All-way Stop Controlled; SSSC = Side-street Stop Controlled 2 Intersections 13, 14, and 15 are evaluated using the HCM 2000 methodology. 3 AM = morning; MD = mid-day; PM = afternoon; SA = Saturday 4 For side-street stop-controlled intersections, delay is presented for intersection average (worst movement). Source: Fehr & Peers 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-16 FirstCarbon Solutions Queuing Existing vehicle queues were determined for each left and right turn pocket at the signalized intersections within the study area. Study Area Although all intersections currently operate within the standards set by the City, there can be periodic vehicle queue spillback and delays greater than shown in Table 3.14-4 for some movements. For signalized intersections, Table 3.14-4 presents the 95th percentile vehicle queues for turn movements with exclusive lanes. Queue worksheets are provided in the TIA (see Appendix J). Table 3.14-4: Existing Intersection Turn-lane Queues Intersection Movement Storage Length (ft)1 AM Peak- hour Mid-day Peak-hour PM Peak- hour Saturday Peak-hour 5. Putnam Boulevard/Oak Park Boulevard and Patterson Boulevard EBL 100 50 75 75 50 WBL 110 200 150 150 100 WBR 230 20 50 75 25 NBL 100 200 125 150 50 SBL 210 200 125 100 50 10. Oak Park Boulevard and Monticello Avenue SB 700 175 100 50 75 13. Pleasant Valley Drive and Oak Park Boulevard EBL 80 75 — 50 50 WBL 80 25 — 25 50 WBR 125 25 — 75 25 NBR 25 0 — 0 0 SBL 100 175 — 125 75 SBR 100 50 — 50 50 14. North Main Street and Pleasant Valley Drive EBL 400 75 — 150 75 EBR 100 75 — 25 25 NBL 110 75 — 125 75 15. North Main Street and Oak Park Boulevard EBL 100 50 — 75 50 EBR 100 75 — 75 100 MBL 110 25 — 50 25 Notes: Bold indicates queue potentially extends beyond available storage. — = intersection was not evaluated for this time period. 1 An additional 60 to 90 feet of storage is typically provided in the taper area outside of the through lane, which is not reflected in the storage length above. Source: Fehr & Peers 2018. 42820009 • 08/2019 | 3.14-4_Existing_Daily_rdwy_seg_vol.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-4 Existing Daily Roadway Segment Volumes Source: FEHR + PEERS, April 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-19 As shown in Table 3.14-4, the following lanes in the study area currently have 95th percentile queues that exceed the available storage length: • Intersection 5: Oak Park Boulevard at Patterson Boulevard - Westbound Lane (AM, mid-day, and PM peak-hour) - Northbound Lane (AM, mid-day, and PM peak-hour) • Intersection 13: Pleasant Valley Drive and Oak Park Boulevard - Southbound Lane (AM and PM peak-hour) • Intersection 14: North Main Street and Pleasant Valley Drive - Northbound Lane (PM peak-hour) Public Transit Service and Facilities Transit rail and bus service in the vicinity of the plan area is primarily provided by Bay Area Rapid Transit (BART) and The County Connection, with existing transit facilities and routes in the area (see Exhibit 3.14-5). Study Area within City of Pleasant Hill Bay Area Rapid Transit BART provides passenger rail transit service within the metropolitan Bay Area. BART currently has five operating lines: Pittsburg/Bay Point-Colma, Fremont-Daly City, Richmond-Colma, Dublin/Pleasanton Daly City, and Fremont-Richmond. BART operates between 4:00 a.m. and midnight on weekdays. During the AM and PM peak commute periods, train service runs at 15- minute intervals to each destination. BART provides regional transportation connections to much of the Bay Area and the Antioch line provides direct access to San Francisco, with several stops in Oakland where connections may be made to other lines. The study area is served by the BART Pleasant Hill/Contra Costa Centre Station. County Connection County Connection provides bus transit service to various communities in central Contra Costa County including the City of Pleasant Hill. Operations include local and school buses and is a paratransit service provider. The study area is served by Route 9, which travels on Oak Park Boulevard and Patterson Boulevard and connects to the BART Pleasant Hill Station. At that BART station, connections to numerous other County Connection routes and other transit service providers are available. Plan Area Bay Area Rapid Transit The BART Pleasant Hill/Contra Costa Center Station, which is served by the yellow Antioch- SFO/Millbrae line, serves the plan area and is located approximately 0.75 mile southeast of the plan area. BART train frequency ranges between 6-20 minutes from approximately 5:00 a.m. to 12:00 a.m. Based on 2018 data from BART, approximately 8,000 passengers per day enter/exit the BART system at the Pleasant Hill/Contra Costa Center Station. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-20 FirstCarbon Solutions County Connection The plan area is also served by County Connection bus Route 9, which travels on Oak Park Boulevard and Patterson Boulevard in the study area. Route 9 connects to the Pleasant Hill BART Station, Diablo Valley College, and numerous schools, residential areas, and commercial areas along the way. Service is provided on headways ranging between 30 and 60 minutes. On a typical weekday, this route serves approximately 500 passengers a day, with the majority of riders with a destination at the BART station or Diablo Valley College. Approximately 50 passengers per day on Route 9 originate from within the study area and access service from a stop on Oak Park Boulevard or Patterson Boulevard. Transit rail and bus stops in the immediate vicinity of the plan area are shown on Exhibit 3.14-5. Bicycle Facilities The Highway Design Manual defines four types of bicycle facilities:2 • Class I: Multi-use Path—These paths provide a completely separate right-of-way and are designated for the exclusive use of bicycles and pedestrians with vehicle cross-flow minimized. • Class II: Bicycle Lane—These bicycle lanes provide a restricted right-of-way and are designated for the use of bicycles for one-way travel with a striped lane on a street or highway. These bicycle lanes are generally a minimum of five feet wide, and vehicle/pedestrian cross-flow is permitted. • Class III: Bicycle Route with Sharrows—These bikeways provide right-of-way designated by signs or pavement markings for shared use with motor vehicles. These bikeways include sharrows or “shared-lane markings” to highlight the presence of bicyclists. • Class IV: Buffered Bicycle Lanes—These bicycle lanes consist of a physically separate lane for increased comfort and protection of bicyclists. These bicycle lanes can be physically separated by a barrier, such as planters or on-street parking, grade-separated from the roadway, or a painted buffer area. Study Area within City of Pleasant Hill The City of Pleasant Hill has a bicycle network that runs throughout the City. The City has a relatively flat topography with several scenic bike routes. Exhibit 3.14-6 shows the location of various bicycle facilities in southeast Pleasant Hill, which includes Class IV and Class III facilities on North Main Street, Class II bicycle facilities on Patterson Boulevard created by time of day parking restrictions, and Class II and Class III bicycle facilities on portions of Oak Park Boulevard. The EBMUB Trail is a shared-use path that crosses Oak Park Boulevard approximately 400 feet east of Monticello Avenue. The trail connects to the Contra Costa Canal Trail to the south and Contra Costa Boulevard to the north of the plan area. From the Contra Costa Canal Trail, connections can be made to the regional trail system including the Iron Horse Trail approximately 0.73 mile to the southeast of the plan area. 2 California Department of Transportation (Caltrans). 2009. Highway Design Manual, Chapter 1000 Bicycle Transportation Design. Website: http://www.dot.ca.gov/hq/oppd/hdm-before-5-7-2012-change/oldhdmtoc.htm. Accessed September 20, 2018. 42820009 • 08/2019 | 3.14-5_Existing_Transit_Facilities.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-5 Existing Transit Facilities Source: FEHR + PEERS, April 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.14-6_Existing_Bicycle_Facilities.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-6 Existing Bicycle Facilities Source: FEHR + PEERS, April 2019. Plan Area THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-25 Plan Area The plan area contains minimal bicycle infrastructure. No bike paths are located along Monticello Avenue or Santa Barbara Road. However, a Class I Multi-Use Path is located immediately east of the plan area along the off-site adjacent EBMUD Trail. In addition, a Class III Bike Route runs along Oak Park Boulevard and connects to surrounding off-site bicycle infrastructure (bicycle paths, lanes, routes, and protected paths) connecting to the EBMUD Trail and a Class II bike lane on Patterson Boulevard. Existing bicycle volumes are shown on Exhibit 3.14-3. Pedestrian Facilities Walkability is defined as the ability to travel easily and safely between various origins and destinations without having to rely on automobiles or other motorized travel. The ideal “walkable” community includes wide sidewalks, a mix of land uses such as residential, employment, and shopping opportunities, a limited number of conflict points with vehicle traffic, and easy access to transit facilities and services. Pedestrian facilities consist of crosswalks, sidewalks, pedestrian signals, and off-street paths, which provide safe and convenient routes for pedestrians to access the destinations such as institutions, businesses, public transportation, and recreation facilities. Study Area within City of Pleasant Hill The majority of residential streets in southeast Pleasant Hill, including those streets near the plan area, do not have sidewalks. A number of high-visibility crosswalks with pedestrian actuated warning light systems are located at trail and street crossings on Oak Park Boulevard and Cleaveland Road, and Patterson Boulevard at Hawthorne Drive. Plan Area Sidewalk coverage is not ubiquitous through and within the plan area, and there are gaps along sections of Oak Park Boulevard and Monticello Avenue within the plan area. Sidewalks are continuously provided on the west side of Monticello Avenue within the plan area. On the east side of the roadway, sidewalks are not provided between Oak Park Boulevard and the parking bulb south of Santa Barbara Road. Sidewalks conditions and availability vary along Oak Park Boulevard, where small stretches of roadway do not have sidewalks on either side of the road. Sidewalks are provided along both sides of Santa Barbara Road. Vehicle Miles Traveled Study Area The existing average trip lengths for the City of Pleasant Hill, Contra Costa County, and the greater Bay Area based on Metropolitan Transit Commission (MTC) data are presented in Table 3.14-5. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-26 FirstCarbon Solutions Table 3.14-5: Existing Average Trip Lengths Land Use Type Pleasant Hill Contra Costa County Bay Area Home Base VMT 17.5 18.0 15.3 Work VMT 25.9 27.2 22.7 Source: MTC, Fehr & Peers 2018. Home-based trips in Pleasant Hill and Contra Costa County are slightly higher than the Bay Area average, while work based trips to jobs in Pleasant Hill are lower than the county average, but higher than the Bay Area average, indicating that people who have jobs in Pleasant Hill tend to commute longer than average distances than the remainder of the Bay Area. Plan Area The plan area is currently occupied by a library that serves the surrounding area. It is expected that employees of the library would have similar VMT patterns as the remainder of the City, while the trip lengths of patrons would be much lower as the library is a community serving use. The remaining portions of the site are vacant and are not currently generating VMT. Roadway Geometry Design Study Area Roadways in the study area were designed and built to the design standards in effect at the time of roadway construction. However, since the construction of some roadways, design standards have changed. For example, City Standards now require the construction of sidewalk facilities on new public roadways. As described in the previous section, many of the streets in the study area do not have continuous sidewalk facilities. Plan Area Monticello Avenue does not currently meet City of Pleasant Hill design standards as continuous sidewalks are not provided on both sides of the street. Sidewalks along the frontage of the plan area on Santa Barbara Road also do not meet design standards as ADA accessible ramps are not provided at the existing driveways serving the northern library parking lot, and there are utility poles within the sidewalk area that impede the accessible path of travel. Additionally, there are no ADA- compliant curb ramps at the Monticello Avenue at Santa Barbara Road intersection. Emergency Access and Routes Study Area The main route within the study area that would likely be used as an evacuation route is I-680. Plan Area The main evacuation routes into and out of the plan area would be Oak Park Boulevard, Monticello Avenue, and Santa Barbara Road. These roadways would be used to in order to access I-680. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-27 Parking Study Area On-street and off-street parking facilities are provided throughout the City of Pleasant Hill. Plan Area Approximately 945 parking spaces within the immediate vicinity of the plan area were included in the parking survey, including off-street parking for library, middle school, park, and Contra Costa County Education building, as well as on-street parking along Santa Barbara Road, Hawthorne Drive, Monte Cresta Avenue, and Monticello Avenue. A weekday and weekend parking demand survey was conducted for the locations shown on Exhibit 3.14-7, with the weekday demand shown on Exhibit 3.14-8 and the Saturday demand shown on Exhibit 3.14-9. Parking supply and demand by area is also summarized in Table 3.14-6. Parking data collection sheets are provided in Appendix J. Table 3.14-6: Existing Parking Conditions Parking Location Total Supply Saturday Demand Weekday Demand 10:00 a.m. 12:00 p.m. 2:00 p.m. 6:00 p.m. A. Hawthorne Lot 76 41 57 14 75 B. Hawthorne Drive 21 11 8 7 18 C. Santa Barbara Road Between Patterson and Monte Cresta 36 23 24 15 20 D. Santa Barbara Road between Monte Cresta and Monticello Avenue 42 18 38 18 38 E. Oak Park Boulevard Monte Cresta and Monticello Avenue 31 18 3 1 1 F. Monte Cresta between Santa Barbara Road and Oak Park 34 18 19 15 15 G. Monte Cresta Between Hawthorne and Santa Barbara Road 50 18 4 4 13 H. Monticello Avenue between Santa Barbara Road and Oak Park 35 18 0 11 0 I2. Bulbout 13 0 0 13 4 I1. Monticello Avenue between Parking Lot and Santa Barbara Road 30 21 18 13 28 J. North Library Lot 42 22 30 13 29 K. South Library Lot 139 55 52 70 47 L. School Parking Lot 124 62 59 54 24 M. Solar Panel Lot (County Office of Education) 165 16 17 84 30 N. Monticello Avenue Lot 57 55 55 32 57 City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-28 FirstCarbon Solutions Table 3.14-6 (cont.): Existing Parking Conditions Parking Location Total Supply Saturday Demand Weekday Demand 10:00 a.m. 12:00 p.m. 2:00 p.m. 6:00 p.m. O. Monticello Avenue between Hawthorne and Midblock 31 12 12 21 22 P. Monticello Avenue between Midblock and School Lot entrance 19 15 13 9 19 Total 945 423 409 394 440 Overall Occupancy 45% 43% 42% 47% 45% Overall, sufficient parking supplies are provided within the study area to accommodate existing parking demands, although some areas can experience high levels of parking demand depending on the time of day and day of week. For example, parking demand for the library lot is approximately 50 percent of the supply on a weekday afternoon at 2:00 p.m., but decreases to 35 percent at 6:00 p.m. On a Saturday, parking demand is approximately 40 percent of the supply. Parking areas around the park were at capacity on weekday evenings and on Saturday at noon when tournaments are being held. Street parking closest to the park and school experienced high levels of demand, while parking demand on the Monte Cresta Avenue was less than 20 percent of the available supply. This indicates that while parking demand from sports park activities is high, it does not appear to spill onto neighboring streets. 3.14.3 - Regulatory Framework Federal No federal plans, policies, regulations, or laws related to transportation and traffic are applicable. State California Department of Transportation LOS Goals Caltrans builds, operates, and maintains the State highway system, including the interstate highway system. Caltrans’s mission is to improve mobility Statewide. The department operates under strategic goals to provide a safe transportation system, optimize throughput and ensure reliable travel times, improve the delivery of State highway projects, provide transportation choices, and improve and enhance the State’s investments and resources. Caltrans controls the planning of the State highway system and accessibility to the system. Caltrans establishes LOS goals for highways and works with local and regional agencies to assess impacts and develop funding sources for improvements to the State highway system. Caltrans requires encroachment permits from agencies or new development before any construction work may be undertaken within the State’s right-of- way. For projects that would impact traffic flow and levels of services on State highways, Caltrans would review measures to mitigate the traffic impacts. 42820009 • 08/2019 | 3.14-7_parking_survey_loc.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-7 Parking Survey Locations Source: FEHR + PEERS, April 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.14-8_wkday_parking_occupancy.cdr Exhibit 3.14-8 Weekday Parking Occupancy CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.14-9_sat_parking_occupancy.cdr Exhibit 3.14-9 Saturday Parking Occupancy CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-35 Senate Bill 743 In November 2017, the Governor’s Office of Planning and Research (OPR) released a technical advisory containing recommendations regarding the assessment of VMT, proposed thresholds of significance, and potential mitigation measures for lead agencies to use while implementing the required changes contained in Senate Bill 743 (SB 743). Also in November 2017, OPR released the proposed text for Section 15064.3, “Determining the Significance of Transportation Impacts,” which summarized the criteria for analyzing transportation impacts for land use projects and transportation projects and directs lead agencies to “choose the most appropriate methodology to evaluate a project’s vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure.” The OPR recommends that for most instances a per service population threshold should be adopted and that a 15 percent reduction below that of existing development would be a reasonable threshold. As noted in the OPR Guidelines, agencies are directed to choose metrics that are appropriate for their jurisdiction to evaluate the potential impacts of a project in terms of VMT. The current deadline for adopting policies to implement SB 743 is January 2020; the change to VMT is anticipated to be formally adopted as part of updates to the California Environmental Quality Act (CEQA) Guidelines in 2018. Neither the City of Pleasant Hill, the CCTA or Contra Costa County has established any standards or thresholds on VMT. However, in response to the final guidelines, a preliminary assessment of VMT generated by the proposed plan was prepared for informational purposes only. No determination on the significance of VMT impacts is made in this document since none is legally required. Regional Contra Costa Transportation Authority Central County Action Plan The CCTA is a joint powers authority that handles short- and long-term regional transportation planning for Contra Costa County and its incorporated cities. It works with local, regional, State, and federal agencies to improve the County’s streets, highways, bicycle, and pedestrian facilities, and it provides funding for improvement projects and transportation programs. It also serves as the Congestion Management Agency for Contra Costa County, and it manages the Contra Costa Connection public transit system. Congestion Management Agencies, created through the passage of Proposition 111 by California voters in 1990, requires urban counties to designate a congestion management agency, whose primary responsibility is to coordinate transportation planning, funding and other activities in a congestion management program. The CCTA has developed a congestion management program that reflects existing travel patterns and utilizes traffic analysis zones to support a travel demand model. The CCTA developed the travel demand model to support local planning efforts by forecasting traffic growth trends in traffic analysis zones that consider approved and potential projects in the immediate area. CCTA implements the Central County Action Plan, which sets forth performance objectives for Routes of Regional Significance. I-680 is a designated Route of Regional Significance and is located approximately 0.3 mile to the east of the plan area. In addition, the following arterial Routes of Significance are located within 1 mile of the plan area: Contra Costa Boulevard (0.70 mile City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-36 FirstCarbon Solutions north), Geary Road (0.60 mile south), North Main Street (0.40 mile east), Pleasant Hill Road (0.95 mile west), and Treat Boulevard (0.70 mile southeast). Contra Costa Countywide Bicycle and Pedestrian Plan To support and encourage walking and bicycling in Contra Costa, the CCTA, on July 18, 2018, adopted the 2018 Contra Costa Countywide Bicycle and Pedestrian Plan (CBPP).3 The CCTA adopted its first CBPP in 2003 and updated it in 2009. The CBPP builds on and expands the goals, policies, and strategies of the CCTA’s Countywide Transportation Plan. Both plans set goals for increasing walking and bicycling and identify actions the authority and its partners should take to achieve them. The 2018 CBPP notes that there is increased interest, and support for, walking and bicycling, and includes four new approaches to ensure the 2018 CBPP is reflective of county needs: (1) focus on the “interested but concerned,” (2) level of traffic stress, (3) new standards and best practices, and (4) complete streets plans. In addition, the 2018 CBPP sets forth the following goals and objectives: • Goal 1: Encourage more people to walk and bicycle. • Goal 2: Increase safety and security for pedestrians and bicyclists. • Goal 3: Create a safe, connected, and comfortable network of bikeways and walkways for all ages and abilities. • Goal 4: Increase the livability and attractiveness of Contra Costa County’s communities and districts. • Goal 5: Equitably serve all of Contra Costa County’s communities while ensuring that public investments are focused on projects with the greatest benefits. • Objective 1: Increase the share of trips made by walking and bicycling in Contra Costa County. • Objective 2: Reduce the rate of pedestrian and bicycle fatalities and injuries per capita. • Objective 3: Increase the number of miles of low-stress bikeways in Contra Costa County. • Objective 4: Increase the number of jurisdictions in Contra Costa County with bicycle, pedestrian, or active transportation plans. • Objective 5: Integrate complete street principles and best practices into authority funding and design guidance. Pleasant Hill 2003 General Plan Circulation Element The Pleasant Hill 2003 General Plan Circulation Element (updated April 2015) established the following goals and policies relevant to transportation: Circulation Goals, Policies, and Programs • Goal 1: Establish and maintain a safe and efficient multi-modal transportation system that emphasizes the use of existing arterial and collector roadways, paths, and bike lanes. • Policy 1A: Maintain rights-of-way at current widths, except as necessary to relieve specific areas of congestion. • Program 1.1: Identify specific roadway segments where right-of-way widening, narrowing, or extension may be appropriate or will likely be needed to improve safety. 3 Contra Costa Transportation Authority (CCTA). Countywide Bicycle and Pedestrian Plan (CBPP). Website: http://keepcontracostamoving.net/. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-37 • Goal 2: Encourage Design and Development of Complete Streets. • Policy 2A: Develop a connected system of street, roads, and highways that provides continuous, safe and convenient multi-modal travel options for all types of users throughout the City. • Program 2.3: When building new, or rehabilitating existing roadways, consider the following design elements: - Sidewalks and curbs as a standards design principle. - Bike lanes and/or shared lanes as a standard design principle. - Transit accessibility as a standard design principle. - Shade trees and planting strips as a standard design principle along roadways. • Program 2.4: Review street reconstruction, development projects and utility projects to incorporate complete street features, including trails, bus stops, pedestrian and bicycle routes if feasible. • Goal 3: Decrease traffic delays associated with specific streets and uses. • Policy 3A: Consider right-of-way widening, signalization, turn and/or parking restrictions, additional turning lanes, and other mitigation measures near schools and other uses with congested conditions. • Goal 6: Reduce congestion and vehicle trips through non-automobile transportation and public transit. • Policy 6A: Encourage use of bus and rail service for local and regional travel. • Program 6.2: Improve accessibility to transit. • Program 6.3: Develop and incorporate transit serving facilities within public right-of-ways. • Program 6.4: Provide adequate pedestrian, bicycle, and disabled access to and from transit stops. • Goal 7: Ensure that streets are safe and bicycle-friendly. • Policy 7A: Maintain and upgrade the City’s bikeway system. • Program 7.2: Install additional bike lanes, routes, trails and connections where feasible, including on and across major thoroughfares. • Policy 7.3: Develop bicycle routes that provide connectivity between homes, job centers, schools and other frequently visited destinations. • Policy 7.5: Develop bicycle facilities along bicycle routes that support frequency of use, including shelters, trees, bicycle parking, etc. • Goal 8: Ensure that streets are safe and pedestrian-friendly. • Policy 8A: Maintain and upgrade the City’s pedestrian system by installing or upgrading sidewalks, warning devices, crosswalks, and other pedestrian aids where appropriate, including particular consideration for the needs of pedestrians with limited mobility and/or disabilities. • Goal 9: Prioritize access and mobility for persons with disabilities. • Policy 9A: Improve sidewalks to facilitate access by persons with disabilities. City of Pleasant Hill 2011 Pedestrian and Bicycle Master Plan This document has not been adopted by the City of Pleasant Hill, so this EIR instead includes the goals and objectives as set forth in the CBPP. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation Draft EIR 3.14-38 FirstCarbon Solutions 3.14.4 - Impacts and Mitigation Measures Significance Criteria According to the 2019 CEQA Guidelines Appendix G Environmental Checklist, to determine whether transportation and traffic impacts are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access Approach to Analysis Analysis in this section is based on the TIA that is provided in Appendix J. To present a conservative estimate, this analysis assumes the Civic Project and the Residential Project would be operational at the same. The following is a summary of the analysis methodology. Trip Generation Trip generation was estimated using including rates from the Institute of Transportation Engineer’s (ITE) Trip Generation Manual 10th Edition. The Trip Generation Manual is a standard reference used by jurisdictions throughout the country for the estimation of trip generation potential of proposed developments. Study Area Impacts to the study area roadway facilities associated with implementation of the proposed plan were identified by measuring the effect of traffic associated with the proposed plan during the weekday AM (7:00 a.m. to 9:00 a.m.) and PM (4:00 p.m. to 6:00 p.m.) peak periods, when commute traffic is typically the highest, and Saturday afternoon (1:00 p.m. to 3:00 p.m.), when the proposed plan is expected to generate the most vehicular traffic overall. The weekday mid-day (2:00 p.m.to 4:00 p.m.), when the adjacent middle school generate the most weekday vehicular traffic, was also evaluated for a select subset of study intersections closest to the plan area. The 15 study intersections were selected in consultation with City staff based on a review of the plan area location and the amount of traffic that could be added to the intersections in the vicinity. Plan Area The trip generation estimate for the proposed plan is shown in Table 3.14-7. As shown in Table 3.14-7, implementation of the proposed plan is expected to generate a net 950 new weekday daily trips and 2,420 Saturday trips, with 37 trips (9 in, 28 out) in the weekday AM peak-hour, 97 trips (53 in, and 44 out) in the weekday mid-day peak-hour, 125 trips (48 in, 77 out) in the weekday afternoon peak-hour, and 383 trips (189 in, and 194 out) during the Saturday peak-hour. The net new daily trips subtract out the trips to the existing library as shown in Table 3.14-7. Table 3.14-8 shows the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-39 total trip generation for the Civic Project and the Residential Project as well as the percent of total trips each project represents. Civic Project The proposed new park could add an additional 190 new weekday daily trips and 1,260 trips on Saturday, with 4 trips (2 in, and 2 out) in the weekday AM peak-hour, 53 trips (25 in, and 28 out) in the weekday mid-day peak-hour, 50 trips (17 in, 33 out) in the weekday PM peak-hour, and 215 trips (103 in, 112 out) in the Saturday peak-hour. The proposed new library could add an additional 310 new weekday daily trips and 740 Saturday trips, with no additional trips expected during the AM peak-hour or mid-day peak-hour, and 34 additional trips (5 in, 29 out) in the PM peak-hour, and 116 additional trips (59 in, 57 out) in the Saturday peak-hour. Although the proposed library would be smaller than the existing library, there could be increased demands for library services during some peak-hours. To present a conservative assessment, this increased demand is considered in the analysis. Residential Project The proposed new residences (located west of Monticello Avenue) would add an additional 390 new weekday daily trips, with 29 trips (7 in, and 22 out) in the AM peak-hour, 39 trips (25 in, and 14 out) in the mid-day peak-hour, 37 trips (23 in, and 14 out) in the PM peak-hour. The proposed accessory dwelling units as part of the residences would add an additional 60 new daily trips, with 4 trips (0 in, 4 out) in the AM peak-hour, 5 trips (3 in, 2 out) in the weekday mid-day peak-hour, and 4 trips (3 in, 1 out) in the weekday PM peak-hour. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation and Traffic FirstCarbon Solutions 3.14-40 Table 3.14-7: Proposed Plan Trip Generation Use Size Week-day Daily (Sat.) Weekday AM Peak-hour Weekday Mid-day Peak-hour1 Weekday PM Peak-hour Saturday Peak-hour1 In Out Total In Out Total In Out Total In Out Total Single Family Detached Housing2 (1750 Oak Park Property) 34 dwelling units 390 (360) 7 22 29 25 14 39 23 14 37 25 22 47 Accessory Dwelling Units3 (1750 Oak Park Property) 7 dwelling units 60 (60) 0 4 4 3 2 5 3 1 4 2 3 5 Sport Park4 (1700 Oak Park Property—Northern Portion) 2 fields 190 (1,260) 2 2 4 25 28 53 17 33 50 103 112 215 Existing Library to be Removed5 (1750 Oak Park Property) 40,000 square feet -1,500 -(1,270) -24 -21 -45 -154 -167 -321 -93 -77 -170 -107 -92 -199 New Library6 (1700 Oak Park Property—Southern Portion) 25,000 square feet7 1,810 (2,010) 24 21 45 154 167 321 98 106 204 166 149 315 Plan Trip Generation: 950 (2,420) 9 28 37 53 44 97 48 77 125 189 194 383 Notes: 1 Weekday mid-day peak-hour trip generation based on the PM peak-hour of the generator rate which, which may not coincide with the afternoon peak-hour in the study area, but presents a conservative assessment of effects of the proposed plan. 2 ITE land use category 210—Single-Family Detached Housing: Weekday Daily: Ln (T) = 0.92 Ln (X) +2.71 Weekday AM Peak-hour: T = 0.71 (X) +4.80; Enter = 25 percent; Exit = 75 percent Weekday Mid-day Peak-hour (PM Peak-hour of the Generator): Ln (T) = 0.94 Ln (X) +0.34 Enter = 63 percent; Exit = 37 percent Weekday PM Peak-hour: Ln (T) = 0.96 Ln (X) +0.20; Enter = 63 percent; Exit = 37 percent Saturday Daily: Ln (T) = 0.94 Ln (X) +2.56 Saturday Peak-hour: 0.84 (X) + 17.99; Enter = 54 percent; Exit 46 percent 3 ITE land use category 220—Multi-Family Housing: Weekday Daily: T = 7.32 (X) Weekday AM Peak-hour: T = 0.46 (X); Enter = 23 percent; Exit = 77 percent Weekday Mid-day Peak-hour (PM Peak-hour of the Generator): T = 0.67 (X); Enter = 59 percent; Exit = 41 percent Weekday PM Peak-hour: T = 0.56 (X); Enter = 63 percent; Exit = 37 percent Saturday Daily: T = 8.14.14 (X) Saturday Peak-hour: T = 0.70 (X); Enter = 54 percent; Exit 46 percent 4 ITE land use category 488—Soccer Complex: (max rate) Weekday Daily: T = 90.81 (X) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-41 Table 3.14-7 (cont.): Proposed Plan Trip Generation Use Size Week-day Daily (Sat.) Weekday AM Peak-hour Weekday Mid-day Peak-hour1 Weekday PM Peak-hour Saturday Peak-hour1 In Out Total In Out Total In Out Total In Out Total Weekday AM Peak-hour: T = 1.88 (X); Enter = 61 percent; Exit = 39 percent Weekday Mid-day Peak-hour (PM Peak-hour of the Generator): T = 26.50 (X); Enter = 47 percent; Exit = 53 percent Weekday PM Peak-hour: T = 24.88 (X); Enter = 66 percent; Exit = 34 percent Saturday Daily: T = 628.44 (X) Saturday Peak-hour: T = 107.4 (X); Enter = 48 percent; Exit 52 percent 5 Driveway counts collected in May 2018 for peak-hour’s ratio of daily to peak-hour was used in conjunction with ITE rates for libraries to estimate daily trip generation. 6 ITE land use category 590—Library: Weekday Daily: T = 72.05 (X) Weekday AM Peak-hour: As ITE trip rates yielded lower estimate, existing observed trip generation was used Weekday Mid-day Peak-hour: As ITE trip rates yielded lower estimate, existing observed trip generation was used Weekday PM Peak-hour: T = 8.16 (X); Enter = 48 percent; Exit = 52 percent Saturday Daily: T = 80.09 (X) Saturday Peak-hour: T = 12.6 (X); Enter = 52 percent; Exit 48 percent 7 The library, as currently proposed, is approximately 24,000 square feet. Source: Trip Generation Manual (10th Edition), ITE; Fehr & Peers 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-42 FirstCarbon Solutions Table 3.14-8: Proposed Plan Trip Generation by Project Use Weekday Daily Total Weekday (Daily x 5) Saturday Total Weekend (Saturday x 2, excluding the proposed library) Total Weekly Traffic Weekday PM (percent of total) Percent of Total Sport Park 190 950 1,260 2,520 3,470 50 (40%) 39% Library (assumed closed Sunday) 310 1,550 740 740 2,290 34 (27%) 26% Civic Project Total 500 2,500 2,000 3,260 5,760 84 (67%) 65% Residential Project (Single Family Residential Units and ADUs) 450 2,250 420 840 3,090 41 (33%) 35% Proposal Plan Total 950 4,750 2,420 4,100 8,850 125 (100%) 100% Source: Fehr and Peers 2019. Trip Distribution Trip distribution refers to the direction that trips would use to approach and depart the plan area. The proposed plan’s general trip distribution accounts for existing traffic patterns, the identified changes in the orientation of the street network and traffic volumes estimates, and the general location of key trip generators and attractors in the area in determining trip distribution assumptions. Plan trips were distributed on the roadway network based on the general directions of approach and departure shown on Exhibit 3.14-10. Trip Assignment Trip assignment refers to how trips are assigned to specific roadway segments and intersection turning movements. Based on the proposed plan trip distribution and trip generation volumes, AM and PM trips were assigned through the study intersections. The proposed plan trip assignment at the study intersections is shown on Exhibit 3.14-11. Peak-hour Signal Warrants Peak-hour traffic signal warrants were reviewed at the unsignalized study intersections. Peak-hour warrants4 are not met at any of the unsignalized study intersection based on existing traffic volumes. 4 Unsignalized intersection warrant analysis is intended to examine the general correlation between existing conditions and the need to install new traffic signals. Existing peak-hour volumes are compared against a subset of the standard traffic signal warrants recommended in the Manual on Uniform Traffic Control Devices and associated State guidelines. This analysis should not serve as the only basis for deciding whether and when to install a signal. To reach such a decision, the full set of warrants should be investigated based on field-measured traffic data and a thorough study of traffic and roadway conditions by an experienced engineer. Furthermore, the decision to install a signal should not be based solely on the warrants because the installation of signals can lead to certain types of collisions. The responsible State or local agency should undertake regular monitoring of actual traffic conditions and accident data and conduct a timely re-evaluation of the full set of warrants in order to prioritize and program intersections for signalization. 42820009 • 08/2019 | 3.14-10_proposed_plan_trip_distribution.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-10 Proposed Plan Trip Distribution Source: FEHR + PEERS, April 2019. Plan Area Residential Project Trip Distribution Civic Project Trip Distribution THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 08/2019 | 3.14-11_proposed_plan_trip_assignment.cdr Exhibit 3.14-11 Proposed Plan Trip Assignment CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area With Plan Analysis Location THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-47 Analysis Scenarios Operation of the transportation network was evaluated under the following scenarios: • Existing Conditions (see Table 3.14.-3 [LOS] and Table 3.14-4 [queuing])—this scenario presents an evaluation of current operation based on existing traffic volumes during the weekday AM and PM peak periods and Saturday peak-hour, which capture traffic conditions during peak morning and evening commute hours. This condition does not include proposed plan generated traffic volumes. • Existing Plus Plan Conditions (see Table 3.14.-10 [LOS] and Table 3.14-11 [queuing])—this scenario presents the addition of plan-only traffic volumes to the existing peak-hour traffic volumes. • Cumulative Year (2040 Conditions (see Table 3.14.-13 [LOS] and Table 3.14-14 [queuing])— this scenario presents traffic conditions by the year 2040 using traffic growth trends as described in the Pleasant Hill General Plan supplemented by a check of traffic forecasts for the study area in the CCTA Countywide Travel Demand Model, as well as considering approved and potential projects in the immediate study area. • Cumulative Year (2040 Plus Plan Conditions (see Table 3.14-13 [LOS] and Table 3.14-14 [queuing])—this scenario presents the Cumulative Conditions scenario described above plus the addition of proposed plan generated traffic volumes. Level of Service Analysis Signalized Intersections Operations of signalized intersections were evaluated using the method from Transportation Research Board’s 2010 Highway Capacity Manual,5 which uses various intersection characteristics (such as traffic volumes, lane geometry, and signal phasing) to estimate the average control delay experienced by motorists traveling through an intersection. Control delay incorporates delay associated with deceleration, acceleration, stopping, and moving up in the queue. Unsignalized Intersections Operations at unsignalized intersections were evaluated using the method from the HCM 2010. With this method, operations are defined by the average control delay per vehicle (measured in seconds) for each movement that must yield the right-of-way. At two-way or side street-controlled intersections, the control delay (and LOS) is calculated for each controlled movement, the left-turn movement from the major street, and the entire intersection. For controlled approaches composed of a single lane, the control delay is computed as the average of all movements in that lane. Queuing Analysis Vehicle queues were assessed with the addition of traffic volumes generated by the proposed plan. Queuing analysis was conducted for each left and right turn pocket at the signalized intersections in the study area. An estimated 95th percentile queue was estimated for peak-hour traffic for all analysis scenarios. 5 Transportation Research Board. 2010. 2010 Highway Capacity Manual. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-48 FirstCarbon Solutions Vehicle Miles Traveled In response to SB 743, the OPR is updating the CEQA Guidelines to include new transportation- related evaluation metrics. New guidelines are undergoing a formal rule-making process; full compliance with the guidelines is expected by July 2020. In response to the final guidelines, a preliminary assessment of VMT generated by the proposed plan was prepared for informational purposes only, since there are currently no City thresholds related to VMT. Specific Thresholds of Significance The City has established standards in the form of City guidance contained in the Pleasant Hill 2003 General Plan regarding traffic circulation, bicycle and pedestrian circulation, and transit service. For purposes of this analysis, the following thresholds are used to evaluate the significance of transportation and traffic impacts resulting from implementation of the proposed plan. Roadway Facilities Level of Service • Deterioration of peak-hour operations at a signalized intersection from acceptable to unacceptable operations. • At an intersection projected to operate at a deficient service level prior to the addition of proposed plan traffic, the proposed plan increases delay by more than 5-seconds. • Deterioration of peak-hour operations at a controlled movement at an un-signalized intersection from LOS E or better to LOS F, or at intersections where a controlled movement already operates at LOS F, one of the following: - Traffic associated with the proposed plan results in satisfaction at the peak-hour volume traffic signal warrant; or - Traffic associated with the proposed plan increases minor movement delay by more than 30 seconds; or - Where the peak-hour volume signal warrant is met without traffic associated with the proposed plan and delay cannot be measured, the proposed plan increases traffic by 10 or more vehicles per lane on the controlled approach. Queuing • The addition of traffic associated with the proposed plan at a study intersection would result in the 95th percentile vehicle queue exceeding the available storage or would increase 95th percentile queue by more than two vehicles where the queue already exceeds the available storage space (for example, vehicle queues extending beyond the available turn pocket length, impeding travel in the adjacent lanes). The City’s goal is to maintain LOS D during peak-hours; however, signalized intersections located along the CCTA Congestion Management Plan network may operate at LOS E (i.e. intersections 14 and 15). Transit Facilities Generally, a project causes a significant impact to transit facilities and services if an element of it conflicts with existing or planned transit services. The evaluation of transit facilities shall consider if: City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-49 • A project creates demand for public transit services above the capacity which is provided, or planned; • A project or project-related mitigation disrupts existing transit services or facilities; • A project or project-related mitigation conflicts with an existing or planned transit facility; or • A project or project-related mitigation conflicts with transit policies adopted by the City of Pleasant Hill, CCTA, or County Connection for their respective facilities in the study area. Bicycle and Pedestrian Facilities The Pleasant Hill 2003 General Plan describes the related policies necessary to ensure that pedestrian and bicycle facilities are safe and effective for City residents. Using these plans as a guide, significant impacts to these facilities would occur when a project or an element of the project: • Creates a hazardous condition that currently does not exist for pedestrians and bicyclists, or otherwise interferes with pedestrian accessibility to the site and adjoining areas; or • Conflicts with an existing or planned pedestrian or bicycle facility; or • Conflicts with policies related to bicycle and pedestrian activity adopted by the City of Pleasant Hill. Vehicles Miles Traveled According to the Updated to CEQA Thresholds of Significance and Transportation Impact Study Guidelines dated December 28, 2018, VMT impacts could have a significant effect on the environment if a project would: • Cause additional VMT per capita, per service population, or other appropriate efficiency measure; • Substantially induce additional automobile travel by increasing physical roadway capacity in congested areas (i.e., by adding new mixed-flow lanes) or by adding new roadways to the network; or • Conflict with a plan, ordinance, or policy addressing the safety or performance of the circulation system, including transit, roadways, bicycle lanes, and pedestrian paths (except for automobile level of service or other measures of vehicle delay). However, CEQA Guidelines Section 15064.3 states that the amendments do not take effect until July 1, 2020, unless the lead agency adopts them earlier. Neither the City of Pleasant Hill, the CCTA, or Contra Costa County have adopted VMT thresholds. Accordingly, this analysis has been prepared for informational purposes only. Design Feature Hazards The Circulation Element of the Pleasant Hill 2003 General Plan (updated in April 2015) nor the City of Pleasant Hill Municipal Code includes significance thresholds related to design features. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-50 FirstCarbon Solutions Emergency Access The Circulation Element of the Pleasant Hill 2003 General Plan (updated in April 2015) does not provide significance thresholds for emergency access. The Pleasant Hill Municipal Code, Chapter 14.05, adopts the 2016 California Fire Code and amends the code to address local conditions. Therefore, this EIR will evaluate the proposed plan using the significance threshold provided by the 2016 California Fire Code as follows: • Multiple-family Residential Projects having more than 100 dwelling units should provide two separated and approved fire apparatus access roads. • Development of one or two-family dwellings where the number of dwelling units exceed 30 units shall be provided with two separate and approved fire apparatus access roads. • Provide a fire apparatus access road that has a minimum width of 20 feet with turning radii of 25 feet inside and 45 feet outside. Impact Evaluation Affect to Circulation System Impact TRANS-1: The proposed plan could conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Construction of the Residential Project Roadway Facilities Construction activities related to the Residential Project could create potential conflicts with other roadway users, such as construction related activities resulting in lane closures along the frontage of the plan area, construction vehicles queuing within the public right-of-way waiting entry to the site, construction worker parking in non-designated parking areas, or construction debris on public streets. Construction impacts would be temporary in nature; however, this impact is considered potentially significant. The TIA assessment of construction activity considers construction vehicles (including vehicles removing or delivering fill material, bulldozers, and other heavy machinery, as well as building materials delivery) and construction worker activity. Although the Residential Project does not anticipate the need to close Monticello Avenue during construction, the TIA included an analysis of the effects of temporarily closing Monticello Avenue during the school year, under two scenarios. The first scenario is with Monticello Avenue closed, which assumes that traffic that currently uses Monticello Avenue to get to Pleasant Hill Middle School would use Monte Cresta Avenue. The other scenario assumes that Monticello Avenue would remain open for inbound trips, with outbound trips routed to Monte Cresta Avenue. The results of this analysis are presented in Table 3.14-9. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-51 Table 3.14-9: Existing Plus Plan Construction Conditions—AM Peak-hour Intersection Levels of Service Intersection Control1 Existing Conditions Existing Plus Construction Conditions Routing 1 Existing Plus Construction Conditions Routing 2 Delay2,3 LOS Delay2 LOS Signal Warrant Met? Delay2 LOS Signal Warrant Met? Monte Cresta Avenue and Oak Park Boulevard SSSC 3 (30) A (D) 142 (>180) F (F) Yes 143 (>180) F (F) Yes Notes: Bold indicates operations below the local LOS standard for acceptable operations (below LOS D) 1 SSSC = Side-street Stop Controlled 2 Delay presented in seconds Source: Fehr & Peers 2018. As shown in Table 3.14-9, closure of all or a portion of Monticello Avenue during construction would result in deficient overall service levels at the Monte Cresta Avenue at Oak Park Boulevard intersection. This represents a potentially significant impact. As a result, Mitigation Measure (MM) TRANS-1a would require a construction management plan that includes a series of measures to address the temporary effects associated with construction, and which would reduce construction impacts to an acceptable level. Therefore, construction impacts related to circulation system performance in terms of roadway facilities would be less than significant with mitigation. Transit Facilities Construction of the Residential Project would not result in a significant impact to any transit facilities. As seen in Exhibit 3.14-5, Bus Route No. 9 is the closest transit facility that passes through Oak Park Boulevard, which would remain open throughout the construction period. Therefore, construction impacts related to circulation system performance in terms of transit facilities would be less than significant. Bicycle Facilities Construction of the Residential Project would not result in a significant impact to bicycle facilities. Although a portion of Monticello Avenue would be closed during construction, no designated bicycle route traverses this roadway segment. Therefore, construction impacts related to circulation system performance in terms of bicycle facilities would be less than significant. Pedestrian Facilities Construction of the Residential Project would not result in any closures of sidewalks along Monticello Avenue and Oak Park Boulevard. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-52 FirstCarbon Solutions Construction of the Civic Project Construction activities related to the Civic Project are the same as described above for the Residential Project, with the added effect of operation of a temporary library location, which could result in parking shortages at the existing senior center. As noted above, construction impacts would be temporary in nature; however, this impact is considered potentially significant. The Civic Project would require closure of the Monticello Avenue sidewalk during construction. This represents a potentially significant impact. However, implementation of MM TRANS-1a would require that a pedestrian connection between Santa Barbara Road and Oak Park Boulevard is maintained or a pedestrian detour is provided. Therefore, construction impacts related to circulation system performance in terms of pedestrian facilities would be less than significant with mitigation. The Pleasant Hill Senior Center typically has scheduled activities from 8:00 a.m. to 9:00 a.m. most days, with some later evening activities on Fridays. Activities on Saturday and Sunday are minimal. Parking for the Senior Center is shared with the Pleasant Hill Park, with a supply of approximately 140 shared spaces. Additional parking is available on the east side of Pleasant Hill Park, at the Teen Center, as well as on Cleaveland Road and Gregory Lane. It is expected that, during construction of the new library, parking demand at the Pleasant Hill Senior Center and Teen Center for temporary library activities would be less than the parking demand at the existing library. However, the addition of additional cars seeking parking at these locations could result in some parking shortages in the Senior Center and Teen Center parking lots, which is considered potentially significant. However, as described in MM TRANS-1a, if a potential parking shortage is identified at the senior and teen centers when temporary library uses occupy both sites, a parking management plan to better accommodate temporary library uses would be developed. The proposed plan could include adjusting library hours, adjusting Senior Center activities, or directing residents of Pleasant Hill to utilize other nearby libraries. No construction impact determination is made with regard to parking, given that parking is not included as an environmental issue under CEQA. This analysis has been provided for informational purposes. Operation Roadway Facilities Civic Project and Residential Project Intersection Levels of Service Traffic volumes under Existing Plus Plan Conditions were estimated by adding the plan traffic to existing traffic volumes. Exhibit 3.14-12 displays the Existing with Plan peak-hour volumes. Table 3.14-10 displays the LOS analysis results for the study intersections under Existing Plus Plan Conditions. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-53 Table 3.14-10: Existing Plus Plan Operational Conditions—Peak-hour Intersection Levels of Service Intersection Control1 Peak- hour Existing Conditions Existing Plus Plan Conditions Delay2,3,4 LOS Delay2,3,4 LOS Signal Warrant Met? 1 Patterson Boulevard and Boyd Road AWSC AM PM SA 12 12 11 B B B 12 12 12 B B B — — — 2 Patterson Boulevard and Soule Avenue SSSC AM PM SA 5 (39) 1 (15) 1 (12) A (E) A (B) A (B) 5 (40) 1 (15) 1 (12) A (E) A (B) A (B) No — — 3 Patterson Boulevard and Hawthorne Drive SSSC AM MD PM SA 9 (38) 3 (14) 1 (11) 2 (10) A (E) A (B) A (B) A (A) 10 (39) 3 (15) 1 (11) 2 (10) B (E) A (B) A (B) A (A) No — — 4 Patterson Boulevard and Santa Barbara Road SSSC AM MD PM SA 2 (14) 2 (11) 1 (12) 1 (11) A (B) A (B) A (B) A (B) 2 (14) 2 (12) 1 (12) 1 (11) A (B) A (B) A (B) A (B) — — — — 5 Putnam Boulevard/Patterson Boulevard and Oak Park Boulevard Signalized AM MD PM SA 41 19 21 14 D B C B 42 20 22 15 D B C B — — — — 6 Monte Cresta Avenue and Santa Barbara Road AWSC AM MD PM SA 8 9 7 7 A A A A 8 9 7 7 A A A A — — — — 7 Monte Cresta Avenue and Oak Park Boulevard SSSC AM MD PM SA 3 (30) 3 (39) 2 (38) 1 (17) A (D) A (E) A (E) A (C) 3 (31) 4 (41) 2 (39) 1 (18) A (D) A (E) A (E) A (C) — No No — 8 Monticello Avenue and Hawthorne Drive SSSC AM MD PM SA 10 (11) 7 (10) 7 (9) 8 (9) A (B) A (A) A (A) A (A) 10 (11) 7 (11) 7 (9) 8 (9) A (B) A (B) A (A) A (A) — — — — 9 Monticello Avenue and Santa Barbara Road SSSC AM MD PM SA 2 (17) 3 (16) 3 (11) 4 (10) A (C) A (C) A (B) A (A) 3 (20) 6 (19) 4 (11) 5 (11) A (C) A (C) A (B) A (B) — — — — 10 Oak Park Boulevard and Monticello Avenue Signalized AM MD PM SA 7 6 3 4 A A A A 9 12 7 12 A B A B — — — — City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-54 FirstCarbon Solutions Table 3.14-10 (cont.): Existing Plus Plan Operational Conditions—Peak-hour Intersection Levels of Service Intersection Control1 Peak- hour Existing Conditions Existing Plus Plan Conditions Delay2,3,4 LOS Delay2,3,4 LOS Signal Warrant Met? 13 Pleasant Valley Drive and Oak Park Boulevard2 Signalized AM PM SA 11 10 13 B A B 11 10 9 B A A — — — 14 North Main Street and Pleasant Valley Drive2 Signalized AM PM SA 15 11 11 B B B 18 11 13 B B B — — — 15 North Main Street and Oak Park Boulevard2 Signalized AM PM SA 7 10 9 A A A 7 10 11 A B B — — — 16 Monticello Avenue and Library Driveway SSSC AM MD PM SA — — — — — — 0 (13) 4 (14) 5 (11) 6 (17) A (B) A (B) A (B) A (C) — — — — 17 Monticello Avenue and Residential Driveway SSSC AM MD PM SA — — — — — — 1 (11) 1 (10) 2 (7) 2 (9) A (B) A (A) A (A) A (A) — — — — Notes: Bold indicates operations below the local LOS standard for acceptable operations (below LOS D). 1 AWSC = All-way Stop Controlled; SSSC = Side-street Stop Controlled 2 Delay presented in seconds 3 Intersections 13, 14, and 15 are evaluated using the HCM 2000 methodology. 4 For side-street stop-controlled intersections, delay is presented for intersection average (worst movement). Source: Fehr & Peers 2019. As shown in Table 3.14-10, all study intersections under Existing Plus Plan Conditions would operate at acceptable LOS standards during both peak periods. However, under Existing Plus Plan conditions, traffic generated by the proposed plan would worsen side-street delay at three intersections that currently experience LOS E conditions: • Patterson Boulevard at Soule Avenue • Patterson Boulevard at Hawthorne Drive • Monte Cresta Avenue at Oak Park Boulevard Therefore, based on the significance criteria, this is not a significant impact, and operational impacts related to circulation system performance in terms of roadway facilities (specifically intersection LOS) would be less than significant. 42820009 • 08/2019 | 3.14-12_existing_plus_plan_peak_hr_vol.cdr Exhibit 3.14-12 Existing Plus Plan Peak Hour Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area With Plan Analysis Location THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-57 Vehicle Queues Vehicle queues were assessed for the signalized intersections in the Existing Plus Plan Condition, and the addition of traffic associated with the proposed plan is not expected to cause vehicle queues to increase by more than 50-feet (or 2 car-lengths) for movements where the 95th percentile queue already exceeds the available storage or result in vehicle queues to exceed the available storage, as presented in Table 3.14-11. Queue worksheets are provided in Appendix J. Therefore, operational impacts related to circulation system performance in terms of roadway facilities (specifically vehicle queues) would be less than significant. Table 3.14-11: Existing Plus Plan Conditions—95th Percentile Queue Summary at Signalized Intersections Intersection Movement Storage Length (ft)1 AM Peak-hour Mid-day Peak- hour PM Peak-hour Saturday Peak- hour Without Plan Plus Plan Without Plan Plus Plan Without Plan Plus Plan Without Plan Plus Plan 5: Putnam Boulevard/Patte rson Boulevard, and Oak Park Boulevard EBL 100 50 50 75 75 75 75 50 50 WBL 110 200 200 150 175 150 175 100 100 WBR 230 25 25 50 75 75 75 25 25 NBL 100 200 200 125 125 150 175 50 75 SBL 210 200 200 125 125 100 100 50 75 10: Oak Park Boulevard and Monticello Avenue WBR 150 N/A 75 N/A 75 N/A 50 N/A 50 SBL 700/3002 175 175 100 250 50 150 75 250 EBL 150 N/A 25 N/A 50 N/A 25 N/A 50 13: Pleasant Valley Drive and Oak Park Boulevard EBL 80 75 75 — — 50 50 50 50 WBL 80 25 25 — — 25 25 50 50 WBR 125 25 25 — — 75 75 25 25 NBR 25 0 0 — — 0 0 0 0 SBL 100 175 175 — — 125 125 75 75 SBR 100 50 50 — — 50 50 50 50 14: North Main Street and Pleasant Valley Drive EBL 400 75 75 — — 150 150 75 75 EBR 100 75 75 — — 25 25 25 25 NBL 125 75 75 — — 125 125 75 100 15: North Main Street and Oak Park Boulevard EBL 310 50 50 — — 75 75 50 50 EBR 310 75 100 — — 75 75 100 150 NBL 110 25 25 — — 50 50 25 50 City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-58 FirstCarbon Solutions Table 3.14-11 (cont.): Existing Plus Plan Conditions—95th Percentile Queue Summary at Signalized Intersections Intersection Movement Storage Length (ft)1 AM Peak-hour Mid-day Peak- hour PM Peak-hour Saturday Peak- hour Without Plan Plus Plan Without Plan Plus Plan Without Plan Plus Plan Without Plan Plus Plan Notes: Bold indicates queue potentially extends beyond available storage. Bold Italics indicates potentially significant impact. — = intersection was not evaluated for this time period. N/A = turn lanes do not exist under this scenario. 1 An additional 60 to 90 feet of storage is typically provided in the taper area outside of the through lane, which is not reflected in the storage length above. 2 Reflects storage with the proposed plan. Signal Warrants Signal warrants were evaluated for the unsignalized intersections where the side-street movement operates at LOS E. As shown in Table 3.14-10 signalization of the unsignalized study intersections is not warranted with the addition of traffic associated with implementation of the proposed plan in the existing condition. Signal warrant worksheets are provided in Appendix J. Therefore, operational impacts related to circulation system performance in terms of roadway facilities (specifically signal warrants) would be less than significant. Transit Facilities Civic Project A County Connection bus stop is located on the north side of Oak Park Boulevard, just west of the Monticello Avenue intersection. The TIA determined that relocating this bus stop closer to the library would place a bus stop within a right-turn lane, which would cause turning conflicts due to buses having to pull through a bicycle lane. In addition, the closest eastbound bus stop is approximately 500 feet west of the Monticello Avenue intersection on Oak Park Boulevard. In order for pedestrians to access this bus stop, pedestrians could either (1) cross Oak Park Boulevard at the signal at Monticello Avenue (there is not a complete sidewalk network on the south side of the Oak Park Boulevard in this area), or (2) walk along the north side of Oak Park Boulevard (where sidewalk facilities are provided) and cross Oak Park Boulevard at an uncontrolled high-visibility crosswalk. Design details for the Civic Project related to transit bus routes and associated moved stops are not yet available. This represents a potentially significant impact. Implementation of MM TRANS-1b would require reconstruction of the westbound Bus Route No. 9 along Oak Park Boulevard in its same general existing configuration and ensure the associated pedestrian access is clear to these public transit facilities. Furthermore, new sidewalks and bicycle lanes would be provided that would connect bus stops to other forms multi-modal transportation. Therefore, transit facility impacts for the Civic Project would be less than significant with mitigation. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-59 Residential Project The proposed residences would be located in close proximity to two bus stops (County Connection Bus Route No. 9). Therefore, operational transit facility impacts associated with development of the Residential Project would be less than significant. Bicycle Facilities Civic Project—Proposed Library and Park The closest bicycle facilities to the Civic Project are the EBMUD Trail, a Class 1 bike path that runs adjacent to the east boundary of the Civic Project site along Grayson Creek, and existing Class III bicycle lanes on Oak Park Boulevard. In addition, a potential future pedestrian bridge crossing that would connect the proposed pedestrian trail on the Civic Project site to the EBMUD trail may be included as part of the Civic Project, pending funding. As a result, the Civic Project would improve connections to existing bicycle paths. As a result, bicycle facilities impacts associated with the proposed library would be less than significant. Civic Project—Monticello Avenue Improvements Currently, the segment of Monticello Avenue within the plan area does not contain bike lanes. As part of the Civic Project, Class II Bicycle lanes would be constructed along Monticello Avenue, between Oak Park Boulevard and Santa Barbara Road. The Civic Project would include bicycle facilities upgrades and connections to bicycle paths. Therefore, bicycle facility impacts associated with the Monticello Avenue improvements would be less than significant. Civic Project—Oak Park Boulevard Improvements As part of the Civic Project, Oak Park Boulevard would be widened to provide a westbound right-turn only lane, a westbound left-turn only lane, and an eastbound left-turn only lane. Existing Class III bicycle lanes would remain on this segment of Oak Park Boulevard. The proposed construction of a right-turn pocket on Oak Park Boulevard at Monticello Avenue could create conflicts between right- turning vehicles and bicyclists, especially during the AM peak-hour when right-turn volumes are the highest, a potentially significant impact. Implementation of MM TRANS-1c would ensure that bicycle lanes and road transitions to and from Oak Park Boulevard to Monticello Avenue are provided in order to prevent conflicts. The Civic Project would enhance bicycle facilities and connections to bicycle paths. Therefore, bicycle facility impacts associated with the Oak Park Boulevard improvements would be less than significant with mitigation. Residential Project The nearest bicycle facilities to the Residential Project are the EBMUD Trail, a Class I bike path located 700 feet east of the Residential Project, and a Class III bike route along Oak Park Boulevard. The proposed residences would not remove existing bicycle infrastructure. Therefore, operational bicycle facility impacts associated with the Residential Project would be less than significant. Pedestrian Facilities Civic Project The proposed park site currently does not contain pedestrian facilities, as it is a vacant lot. The Civic Project would result in improved pedestrian facilities, including an 8-foot wide sidewalk along Monticello Avenue between Oak Park Boulevard and Santa Barbara Road, construction of a proposed City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-60 FirstCarbon Solutions pedestrian trail connecting the Civic Project to Oak Park Boulevard, and potential future construction of a bridge connecting that pedestrian trail to the EBMUD trail. The bridge may be constructed once funding is secured. The Civic Project would also include new sidewalks and roadway improvements on Monticello Avenue between Oak Park Boulevard and Monticello Roundabout and on Oak Park Boulevard between Monte Cresta Avenue and the EBMUD Trail. Design details related to pedestrian crosswalks to and from these roadways are not yet available, but roadway features proposed as part of the Civic Project would be constructed to meet current City standards. The Civic Project could increase pedestrian activity in the area, including pedestrian activity generated by the residential development crossing Monticello Avenue to access the library or sports fields. This represents a potentially significant impact. However, implementation of MM TRANS-1d would require installation of mid-block high-visibility crosswalks along Monticello Avenue. Therefore, pedestrian facility impacts associated with the Civic Project would be less than significant with mitigation. Residential Project The TIA determined that a direct pedestrian connection from Oak Park Boulevard and Monticello Avenue to the proposed residences would be needed. MM TRANS-1d would ensure pedestrian connections are provided from the proposed residences to Oak Park Boulevard and Monticello Avenue. Therefore, operational impacts to pedestrian facilities associated with the Residential Project would be less than significant with mitigation. Parking Parking is not included as an environmental issue under CEQA. However, a parking supply analysis during operation is provided for informational purposes. Off-street parking requirements and design guidance are outlined in the City of Pleasant Hill Municipal Code Chapter 18.55.30 and in the Development Standards of the Oak Park Properties Specific Plan. A combination of private garages and on-street parking would support the proposed Residential Project. Table 3.14-12 provides automobile parking requirements as well as the proposed supply. Table 3.14-12: Automobile Parking Requirements and Proposed Supply Land Use Size Base Requirement Total Requirement or Demand Supply Residential Project Single-Family 34 units 2 enclosed spaces per unit Guest Parking (0.5 spaces per unit) 68 covered spaces 68 covered spaces 68 driveway spaces 17 on-street spaces Accessory Dwelling Units 7 ADUs 0 0 0 City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-61 Table 3.14-12 (cont.): Automobile Parking Requirements and Proposed Supply Land Use Size Base Requirement Total Requirement or Demand Supply Civic Project Library 25,000 square feet6 Weekday: 10 percent more than existing peak weekday demand of 70 spaces 77 N/A Weekend: 10 percent more than existing peak weekend demand of 55 spaces 61 Parks and Recreation Facilities 2 fields Weekday: 39.9 spaces per field 80 N/A Weekend: 36.3 spaces per field 73 Combined Parking Demand for Library and Sports Fields N/A Peak weekday 157 165 Peak Saturday 134 Total Peak Non-Residential Demand 157 Total Non-Residential Supply 165 Surplus/(Deficit) 7 Source: Pleasant Hill Municipal Code; Fehr & Peers 2018. Civic Project—Proposed Park For the Civic Project, parking demand in the areas immediately adjacent to the existing sports fields, including on-street parking in the general vicinity was summed, and then divided by the number of sports fields in use at the time of data collection. On a weekday, peak parking demand on a tournament evening was 290 spaces—or 36.25 spaces per field that was in use. On a Saturday, the peak parking demand was 231, or 33 spaces per field that was in use. The resulting peak parking demand rate was then increased by 10 percent to account for vehicles that may have parked further away. The resulting peak weekday parking demand of 39.9 spaces per field peak and weekend parking demand rate of 36.3 spaces per field was established for the sports fields. Weekday parking demand could be higher than weekend parking demand (for example, on weeknights, one parent may arrive with the player, and other family members arrive in separate vehicles, while on Saturdays, families are more likely to drive together.) Based on the observed rates, the new sports fields could have a peak parking demand of 80 spaces on a weekday and 73 spaces on a weekend (157 peak weekday and 134 park Saturday when combined with the demand for the proposed library). The combined number of spaces provided by the shared parking for the proposed library and proposed park would be 165 spaces (135 off-street parking spaces and 30 spaces would be provided north of the park). Therefore, the shared library and park parking would provide sufficient parking spaces to accommodate the peak park parking demands (157 spaces), as shown in Table 3.14-12. 6 The proposed library would be approximately 23,900 square feet. To provide a conservative estimate, this EIR assumed that the library is 25,000 square feet. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-62 FirstCarbon Solutions In addition, the Civic Project sponsors would develop a shared parking agreement for the two parking lots. The TIA recommends conducting a parking demand assessment between 6 months and 1 year of full operation of the Civic Project to assess potential parking shortages. Should a potential parking shortage be identified at the shared parking lots, a parking management plan to better accommodate both uses would be developed. The City can include this recommendation as a condition of approval. No operational impact determination is made with regard to parking for the proposed park, given that parking is not included as an environmental issue under CEQA. This analysis has been provided for informational purposes. Civic Project—Proposed Library For the proposed library, the City does not identify parking requirements. To determine if the proposed supply is sufficient for the proposed uses, a parking demand assessment was conducted based on the existing data collection effort (see Table 3.14-12), and published parking demand information. Peak observed parking demand at the existing library was approximately 70-spaces on a weekday afternoon. Peak parking demand on a Saturday was observed to be about 55 spaces. This results in a peak parking demand ratio of 1.75 spaces per 1,000 square feet for the existing library. However, as noted in the trip generation section, there is a large proportion of storage spaces within the existing spaces that would not exist at the proposed library. Additionally, the proposed library could have enhanced offerings that could attract additional patrons. For the purposes of this parking assessment, it was assumed that future library parking demand would be 10 percent greater than existing parking demand. The total weekday requirement would be 77 spaces and the total weekend requirement would be 61 spaces (157 peak weekday and 134 park Saturday when combined with the demand for the proposed library). The combined number of spaces provided by the shared parking for the proposed library and proposed park would be 165 spaces (135 off-street parking spaces and 30 spaces would be provided north of the park). Therefore, the shared library and park parking would provide sufficient parking spaces to accommodate the peak park parking demands for the Civic Project, as shown in Table 3.14-12. In addition, the Civic Project sponsors would develop a shared parking agreement for the two parking lots. The TIA recommends conducting a parking demand assessment between 6 months and 1 year of full operation of the Civic Project to assess potential parking shortages. Should a potential parking shortage be identified at the shared parking lots, a parking management plan to better accommodate both uses would be developed. The City can include this recommendation as a condition of approval. No operational impact determination is made with regard to parking for the proposed park, given that parking is not included as an environmental issue under CEQA. This analysis has been provided for informational purposes. Residential Project For the residential units, each home would have a private two-car garage as well as a driveway with space for additional vehicles; 17 on-street spaces would be provided. For residential uses, two- enclosed spaces per unit are required, which is satisfied by the proposed 2-car garages for each unit. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-63 In addition, unenclosed parking is also provided for each home through driveway aprons that front each garage. For the ADUs, no parking spaces are required per the Municipal Code exception allowed because of the proximity of transit on Oak Park Boulevard. Therefore, the amount of parking that would be provided by the proposed residences would fulfill the Pleasant Hill Municipal Code Requirement as well as the requirements of the Oak Park Properties Specific Plan. No operational impact determination is made with regard to parking for the proposed residences, given that parking is not included as an environmental issue under CEQA. This analysis has been provided for informational purposes. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM TRANS-1a Prepare and Implement Construction Traffic Management Plan Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall prepare a Construction Traffic Management Plan that includes the following items. The approved plan shall be implemented during construction. • Provide a temporary traffic signal at the Oak Park Boulevard at Monte Cresta Avenue intersection during the time periods when Monticello Avenue is closed between Oak Park Boulevard and Santa Barbara Road. Because the Civic Project would account for 65 percent of the total trips associated with proposed plan, the Civic Project sponsors are responsible for 65 percent of the cost of the temporary signal. • Maintain a pedestrian connection between Santa Barbara Road and Oak Park Boulevard, to the greatest extent feasible. Should there be time periods when the provision of a pedestrian connection would affect worker or pedestrian safety, a pedestrian detour route shall be established with appropriate wayfinding, noticing, and potentially crossing guards during peak periods around school bell times. • Monitor parking demand at the senior and teen centers when temporary library uses occupy both sites and should a potential parking shortage be identified, develop a parking management plan to better accommodate temporary library uses. The parking management plan could include adjusting library hours, adjusting Senior Center activities, or directing residents of Pleasant Hill to utilize other nearby libraries. • Staging plan for the Civic Project that maximizes on-site storage of materials and equipment • A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak-hours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes • Permitted construction hours • Location of construction staging City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-64 FirstCarbon Solutions • Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations • Provisions for street sweeping to remove construction related debris on public streets Residential Project: Prior to issuance of grading permits, the contractor for the Residential Project shall prepare a Construction Traffic Management Plan that includes the following items. The approved Construction Traffic Management Plan shall be implemented during construction. • Provide a temporary traffic signal at the Oak Park Boulevard at Monte Cresta Avenue intersection during the time periods when Monticello Avenue is closed between Oak Park Boulevard and Santa Barbara Road. Because the Residential Project would account for 35 percent of the total trips associated with proposed plan, the County is responsible for 35 percent of the cost of the temporary signal. • Project Staging Plan to maximize on-site storage of materials and equipment • A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak-hours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes • Permitted construction hours • Location of construction staging • Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations • Provisions for street sweeping to remove construction related debris on public streets MM TRANS-1b Reconstruct Bus Route with Pedestrian Clear-way Along Oak Park Boulevard Prior to Construction Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure the design of the Civic Project includes: • Reconstruction of the westbound Bus Route No. 9 along Oak Park Boulevard in its same general area, with transit amenities similar to those provided today (bench). • Maintenance of a 4-foot pedestrian clear-way through the transit stop-area when considering transit amenity placement. MM TRANS-1c Prepare Bicycle Transitions Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure the final design of Monticello Avenue at Oak Park Boulevard provides: • Transitions to/from Oak Park Boulevard to Monticello Avenue for bicyclists. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-65 MM TRANS-1d Install Mid-block High-visibility Pedestrian Crosswalks along Monticello Avenue and Oak Park Boulevard Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure designs for the Civic Project include either: • New or reconstructed curb-ramps and directional ramps where feasible or • Mid-block high visibility pedestrian crosswalk on Monticello Avenue on the north side of the library driveways (i.e., install a Rectangular Rapid Flashing Beacon at the crosswalk). Residential Project: Prior to issuance of grading permits, the contractor for the Residential Project shall provide project plans for review and approval that include either: • New or reconstructed curb-ramps and directional ramps, where feasible; or • Mid-block high visibility pedestrian crosswalk on Monticello Avenue on the north side of the library driveways (i.e., install a Rectangular Rapid Flashing Beacon at the crosswalk). Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Vehicle Miles Traveled Impact TRANS-2: Proposed plan consistency with CEQA Guidelines Section 15064.3 subdivision (b) cannot be determined given that the City has not established a threshold with regard to VMT impact significance. Construction Civic Project and Residential Project No construction impact determination is made with regard to VMT, given that the City has not established a threshold with regard to VMT impact significance. Operation Civic Project and Residential Project The implementation of the proposed plan would result in 16.6 vehicle miles of travel per day per household.7 This was calculated using the CCTA model where all trips generated by the residential portion of the proposed plan were tracked through the transportation system. This includes all trips generated by each household that either start or end at home. This level of vehicle travel is higher than the Bay Area average, but lower than both the County average (lower by 7.7 percent) or City- wide average (lower by 5 percent). As such, the implementation of the proposed plan would contribute to a decrease in vehicle miles of travel on a per-capita basis compared to existing conditions. 7 Fehr & Peers. 2019. Oak Park/Monticello Mixed-Use Project Final Transportation Impact Analysis. April. City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-66 FirstCarbon Solutions The OPR has established a threshold for residential uses that new developments that have a VMT of 15 percent below existing regional and City VMT per capita would be considered less than significant. The proposed plan’s VMT per capita would be lower than the existing regional average (7.7 percent) and City average (5 percent) but would not meet the 15 percent reduction threshold. As such, potentially significant impacts could occur. The implementation of the proposed plan would not substantially induce additional automobile travel because it would not increase physical roadway capacity in already congested areas. Given that the City has not established a threshold with regard to VMT impact significance, no operational impact determination is made with regard to VMT. This analysis has been provided for informational purposes. Level of Significance None applicable (Civic Project and Residential Project) Roadway Design Safety Hazards Impact TRANS-3: The proposed plan would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Construction Civic Project and Residential Project Construction of the Civic Project and Residential Project is anticipated to utilize vacant areas within the plan area to accommodate storage of large construction vehicles. This staging area would reduce the amount of heavy construction vehicles using adjacent roads. During construction, truck deliveries would be expected to use collectors such as Oak Park Boulevard, and would avoid adding additional heavy duty truck traffic on feeder streets and local streets such as Monte Cresta Avenue and Santa Barbara Road. Furthermore, these truck routes are specifically designated to avoid impacts to pedestrian and bicyclists. Thus, because the construction trucks would travel along the designated truck routes, there would not be a conflict with the automobile vehicle, bicycle, and pedestrian design and activity along roadways on and near the plan area. Therefore, construction impacts related to roadway design safety hazards would be less than significant. Operation Civic Project Primary vehicular access to the proposed park and proposed library would be provided by an existing signalized intersection on Oak Park Boulevard at Monticello Avenue that would be modified as part of the Civic Project to provide an eastbound left-turn only lane and a westbound right-turn only lane. A new entrance would be provided 300 feet north of Oak Park Boulevard to serve the proposed park, athletic fields, and library uses. This entrance and roadway would be in compliance with the City’s Fire Code and other applicable regulations as they relate to roadway safety and would not present a safety hazard. As described previously, access from these intersections would operate at acceptable levels. Improvements to Monticello Avenue would include reconstruction, restriping, and bike lanes. In addition, the intersection at Monticello Avenue and Oak Park Boulevard (southbound approach) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-67 would be modified, with one dedicated northbound lane and dedicated southbound lane and modified signal timing. The southbound lane would terminate at Oak Park Boulevard with a shared left and right turn lane. These improvements would increase roadway safety by improving roadway surfaces and clearly marking vehicle and bike lanes. Proposed roadway improvements to Oak Park Boulevard include roadway widening and construction, and signal modification. In addition, the existing Class III bike lanes would continue to share the roadway. This segment of the Oak Park Boulevard would be widened between the EBMUD trail right-of-way to the western plan area boundary. Further, lane realignment would ensure efficient traffic flow. These improvements would improve roadway safety. Given entrance and roadways providing access to the Civic Project would be in compliance with the City’s Fire Code and other applicable regulations, the main intersection used to access the Civic Project would operate at acceptable levels, and that roadway improvements would increase roadway safety, impacts associated with roadway design safety hazards at the Civic Project would be less than significant. Residential Project Primary vehicular access to the proposed residences would be provided by an existing signalized intersection on Oak Park Boulevard at Monticello Avenue. An entrance to the proposed residences would be provided approximately 500 feet north of the Oak Park Boulevard/Monticello Avenue intersection in compliance with the City’s Fire Code and other applicable regulations as they relate to roadway safety and would not present a safety hazard. In addition, to provide internal access to all the residences, a new north-south roadway would be built parallel to Monticello Avenue. As described previously, access to from these intersections would operate at acceptable levels. Thus, impacts associated with roadway design safety hazards adjacent to this property would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Emergency Vehicle Access Impact TRANS-4: The proposed plan could result in inadequate emergency access. Construction Civic Project and Residential Project Emergency conditions related to a proposed plan resulting in inadequate vehicle emergency access are limited to operational impacts. During the construction period, two-way travel would be maintained on Oak Park Boulevard. Should Monticello Avenue between Oak Park Boulevard and Santa Barbara Road experience temporary one-way travel restrictions or be closed to travel, there are multiple access routes to Pleasant Hill Middle School and Pleasant Oaks Park. Construction detour signage would be provided. No respective construction impacts would occur. Operation Several factors determine whether a project has sufficient access for emergency vehicles, including: City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-68 FirstCarbon Solutions 1. Location of closest fire stations 2. Number of access points (both public and emergency access only) 3. Width, height, and turning radius of access points 4. Width, height, and turning radius of internal roadways Each of these factors is discussed in further detail. Civic Project—Proposed Park The closest fire station to this property is Station No. 5 located at 205 Boyd Road approximately 0.61 mile to the north. The proposed park would be accessed from one roadway access point off Monticello Avenue approximately 300 feet north of the Monticello Avenue/Oak Park Boulevard intersection. Because the proposed park would not include habitable structures, one roadway access point would be sufficient. However, it is unclear how wide the access point and internal roadways would be resulting in a potentially significant impact. Implementation of MM TRANS-4 would require all access points and internal roadways to be compliant with the Pleasant Hill Municipal Code Chapter 14.05 requiring a fire apparatus access roadway that can accommodate a fire apparatus, has a minimum width of 20 feet and turning radius of 25 feet inside and 45 feet outside. Therefore, impacts related to adequate emergency access would be less than significant with mitigation. Civic Project—Proposed Library The closest fire station to the proposed library is Station No. 5 located at 205 Boyd Road approximately 0.61 miles to the north. At least two roadway access points are required if the building height exceeds 30-feet or the square footage exceeds 62,000 square feet. Because the proposed library is well below these size parameters, one roadway access point is sufficient for emergency vehicle access to the library building. However, it is unclear how wide the access point and internal roadways would be resulting in a potentially significant impact. Implementation of MM TRANS-4 would require all access points and internal roadways to be compliant with the Pleasant Hill Municipal Code Chapter 14.05 requiring a fire apparatus access roadway that can accommodate a fire apparatus, has a minimum width of 20 feet and turning radius of 25 feet inside and 45 feet outside. Civic Project—Monticello Avenue Improvements The proposed roadway improvements along Monticello Avenue would not require additional emergency access. These roadway improvements would consist of new concrete sidewalks, new bike lanes, pavement rehabilitation, new light emitting diode (LED) street lighting, and new landscaping. As such, these improvements would not change the configuration of Monticello Avenue restricting emergency access. Civic Project—Oak Park Boulevard Improvements The proposed roadway improvements along Oak Park Boulevard would not require additional emergency access. These roadway improvements would consist of a modified traffic signal at the Oak Park Boulevard/Monticello Avenue intersection, roadway widening to accommodate a new right and left turn pockets onto Monticello Avenue, and a westbound left turn only lane for access to the day care facility, new concrete sidewalks, new bike lanes, pavement rehabilitation, new LED street lighting, City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-69 and new landscaping. As such, these improvements would not change the configuration of Oak Park Boulevard restricting emergency access. Overall The proposed park and library would provide adequate access points. In addition, the Civic Project would implement MM TRANS-4, which would require all access points and internal roadways to be compliant with the Pleasant Hill Municipal Code Chapter 14.05. The roadway improvements would not change the configuration of roadways in a way that would restrict emergency access. Therefore, impacts to emergency vehicle access would be less than significant with mitigation. Residential Project The closest fire station to the proposed residencies is Station No. 5 located at 205 Boyd Road approximately 0.61 mile to the north. Access to the proposed residences would be provided from one roadway access point at Monticello Avenue approximately 500 feet north of the Monticello Avenue/Oak Park Boulevard intersection. The Residential Project proposes 34 single-family units with seven accessory dwelling units. Based on the 2016 California Fire Code as adopted by the Pleasant Hill Municipal Code, Chapter 14.05, projects that include 30 or more dwelling units would be required to either: • Provide two separate approved fire apparatus access roads; or, • All dwelling units would be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3 of the California Fire Code. As part of the Residential Project, all homes are currently designed to include an automatic sprinkler system. Implementation of MM TRANS-4 would require that two separate approved access roads are included in the design of the Residential Project or a sprinkler system is included in the residential home design. Additionally, implementation of MM TRANS-4 would require all access points and internal roadways to be compliant with Pleasant Hill Municipal Code, Chapter 14.05, requiring a roadway that can accommodate a fire apparatus, that has a minimum width of 20 feet, and that has a turning radius of 25 feet inside and 45 feet outside. Therefore, impacts related to adequate emergency access would be less than significant with mitigation. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures MM TRANS-4 Prepare Fire Access Road Design and Sprinkler System Plan Prior to Construction Civic Project: Prior to issuance of grading permits, the contractor for the Civic Project shall ensure that designs for the Civic Project include: • Fire apparatus access road that provides a minimum width of 20 feet and with turning radius of 25 feet inside and 45 feet outside; and City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-70 FirstCarbon Solutions Residential Project: Prior to issuance of grading permits, the contractor for the Residential Project shall ensure that designs for the Residential Project include: • Fire apparatus access road that provides a minimum width of 20 feet and with turning radius of 25 feet inside and 45 feet outside and either; • Two separated and approved fire apparatus access roads; or • An approved automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the California Fire Code. Level of Significance After Mitigation Less Than Significant (Civic Project and Residential Project) 3.14.5 - Cumulative Impacts Other cumulative projects, in addition to the proposed plan, that could generate additional traffic through the study area are summarized in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, and their locations are shown in Chapter 3, Environmental Impact Analysis, Exhibit 3-1. Roadway Circulation and Facilities Vehicle Level of Service Intersection Level of Service The cumulative roadway network or geographic context is the City of Pleasant Hill circulation network. This cumulative analysis assumes full buildout of the currently adopted Pleasant Hill General Plan (therefore, this included analysis includes all the projects listed in Chapter 3, Environmental Impact Analysis, Table 3-1). Cumulative forecasts were developed using traffic growth trends as described in the Pleasant Hill General Plan supplemented by a check of traffic forecasts for the study area in the CCTA Countywide Travel Demand Model, as well as considering approved and potential projects in the immediate study area. Exhibit 3.14-13 shows the cumulative peak-hour traffic volumes of the study intersections within the study area at proposed plan operation. Existing peak-hour factors, heavy vehicle percentages, and pedestrian and bicycle activity at the study intersections remain unchanged from the existing condition for the assessment of Cumulative conditions, as the level of school traffic in the area is not expected to appreciably change. Table 3.14-13 displays the LOS analysis results for the study intersections under Cumulative Year (2040) Conditions. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-71 Table 3.14-13: Cumulative Conditions—Peak-hour Intersection Levels of Service Intersection Control Peak- hour Cumulative Conditions Cumulative Plus Plan Conditions Delay1,3 LOS Delay1,3 LOS Signal Warrant Met? 1 Patterson Boulevard and Boyd Road AWSC AM PM SA 14 13 12 B B B 14 13 13 B B B — — — 2 Patterson Boulevard and Soule Avenue SSSC AM PM SA 8 (62) 2 (20) 2 (15) A (F) A (C) A (B) 8 (64) 2 (20) 2 (16) A (F) A (C) A (C) No — — 3 Patterson Boulevard and Hawthorne Dr SSSC AM MD PM SA 21 (100) 3 (17) 1 (13) 2 (11) C (F) A (C) A (B) A (B) 22 (102) 3 (17) 1 (13) 2 (11) C (F) A (C) A (B) A (B) No — — — 4 Patterson Boulevard and Santa Barbara Road SSSC AM MD PM SA 2 (17) 2 (13) 1 (13) 1 (11) A (C) A (B) A (B) A (B) 3 (17) 2 (13) 1 (13) 1 (11) A (C) A (B) A (B) A (B) — — — — 5 Putnam Boulevard/Patterson Boulevard and Oak Park Boulevard Signalized AM MD PM SA 66 23 26 15 E C C B 67 24 27 16 E C C B — — — — 6 Monte Cresta Avenue and Santa Barbara Road AWSC AM MD PM SA 9 9 7 7 A A A A 9 9 7 7 A A A A — — — — 7 Monte Cresta Avenue and Oak Park Boulevard SSSC AM MD PM SA 12 (>120) 9 (>120) 7 (>120) 2 (22) B (F) A (F) A (F) A (C) 13 (>120) 11 (>120) 8 (>120) 2 (23) B (F) B (F) A (F) A (C) No No No — 8 Monticello Avenue and Hawthorne Drive SSSC AM MD PM SA 11 (11) 6 (11) 7 (9) 7 (9) B (B) A (B) A (A) A (A) 10 (11) 6 (11) 7 (11) 7 (9) A (B) A (B) A (B) A (A) — — — — 9 Monticello Avenue and Santa Barbara Road SSSC AM MD PM SA 3 (18) 4 (17) 3 (11) 4 (11) A (C) A (C) A (B) A (B) 3 (22) 6 (19) 4 (12) 5 (11) A (C) A (C) A (B) A (B) — — — — 10 Oak Park Boulevard and Monticello Avenue Signalized AM MD PM SA 11 7 4 5 B A A A 12 12 9 12 B B A B — — — — City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-72 FirstCarbon Solutions Table 3.14-13 (cont.): Cumulative Conditions—Peak-hour Intersection Levels of Service Intersection Control Peak- hour Cumulative Conditions Cumulative Plus Plan Conditions Delay1,3 LOS Delay1,3 LOS Signal Warrant Met? 13 Pleasant Valley Drive and Oak Park Boulevard 2 Signalized AM PM SA 16 12 9 B B A 16 12 11 B B B — — — 14 North Main Street and Pleasant Valley Drive2 Signalized AM PM SA 31 14 12 C B B 33 15 15 C B B — — — 15 North Main Street and Oak Park Boulevard2 Signalized AM PM SA 9 11 9 A B A 9 11 11 A B B — — — 16 Monticello Avenue and Plan Driveway SSSC AM MD PM SA — — — — — — — — 0 (13) 4 (14) 4 (11) 6 (17) A (B) A (B) A (B) A (C) — — — — 17 Santa Barbara Road and Plan Driveway SSSC AM MD PM SA — — — — — — — — 1 (11) 1 (10) 2 (10) 2 (11) A (B) A (A) A (A) A (B) — — — — Notes: Bold indicates operations below the local LOS standard for acceptable operations (below LOS D). 1 AWSC = All-way Stop Controlled; SSSC = Side-street Stop Controlled 2 Intersections 13, 14, and 15 are evaluated using the HCM 2000 methodology. 3 For side-street stop-controlled intersections, delay is presented for intersection average (worst movement). Source: Fehr & Peers, 2018. As shown under the Cumulative Plus Plan Condition, the addition of traffic associated with the proposed plan to other cumulative traffic would not degrade the operation of any study intersection from an overall acceptable service level to an unacceptable service level. Vehicle Queues Table 3.14-14 displays the 95th percentile queues for turning lanes at signalized intersections under Cumulative Year (2040) Plus Plan Conditions. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-73 Table 3.14-14: Cumulative Conditions—95th Percentile Queue Summary at Signalized Intersections Intersection Movement Storage Length (ft)1 AM Peak-hour Mid-day Peak-hour PM Peak-hour Saturday Peak-hour Without Plan Plus Plan Without Plan Plus Plan Without Plan Plus Plan Without Plan Plus Plan 5: Putnam Boulevard/ Patterson Boulevard and Oak Park Boulevard EBL 100 75 75 75 75 75 75 50 50 WBL 110 225 225 200 200 200 225 100 110 WBR 230 25 25 50 50 50 50 25 25 NBL 100 150 150 125 125 150 150 75 75 SBL 210 150 150 100 100 100 100 75 75 10: Oak Park Boulevard and WBL 50 25 25 25 25 25 25 25 25 WBR 0/150 — 100 — 100 — 50 — 100 Monticello Avenue SB 700/3002 250 275 175 375 50 175 75 250 EBL 150 — 25 — 50 — 25 — 50 13: Pleasant Valley Drive and Oak Park Boulevard EBL 80 75 75 — — 75 75 75 75 WBL 80 75 75 — — 50 50 50 50 WBR 125 25 25 — — 75 75 25 25 NBR 25 0 0 — — 0 0 0 0 SBL 100 250 250 — — 150 150 100 100 SBR 100 75 75 — — 50 50 50 50 14: North Main Street and Pleasant Valley Drive EBL 400 100 125 — — 175 175 100 100 EBR 100 100 100 — — 50 50 50 50 NBL 125 125 125 — — ES 350 125 125 15: North Main Street and Oak Park Boulevard EBL 310 100 100 — — 75 100 75 75 EBR 310 150 150 — — 100 125 125 225 NBL 75 50 50 — — 75 75 50 50 Notes: Bold indicates queue potentially extends beyond available storage. Bold Italics indicates potentially significant impact — = intersection was not evaluated for this time period. ES = Cannot be calculated. 1 An additional 60 to 90 feet of storage is typically provided in the taper area outside of the through lane, which is not reflected in the storage length above. 2 Reflects storage with the proposed plan Source: Fehr & Peers 2019. As shown Table 3.14-14, under the Cumulative Plus Plan Condition, the queues remain within the storage area except for the following intersections: City of Pleasant Hill—Oak Park Properties Specific Plan Transportation and Traffic Draft EIR 3.14-74 FirstCarbon Solutions • Intersection 5—(Putnam Boulevard/Patterson Boulevard and Oak Park Boulevard): West- bound lanes and northbound lanes during the AM peak period, mid-day peak period, and PM peak period with and without proposed plan conditions. • Intersection 10—(Oak Park Boulevard and Monticello Avenue): Southbound lane during the mid-day peak-hour with proposed plan conditions. • Intersection 13—(Pleasant Valley Drive and Oak Park Boulevard): Southbound lane during the AM peak period and PM peak period with and without proposed plan conditions Although vehicle queues could extend beyond the designated pockets under Cumulative Plus Plan conditions, based on the significant criteria these impacts are considered less than significant. In particular, vehicle queues in the southbound direction on Monticello Avenue at Oak Park Boulevard could extend beyond the library entrance during afternoon peak-hours around school closing bell times. This amount of queue spillback could make it difficult for patrons to access the library. Signal Warrants Signal warrants were evaluated for the unsignalized intersections where the side-street movement operates at LOS E or LOS F. As shown in Table 3.14-13, none of the unsignalized study intersections is projected to meet signal warrants in the cumulative condition prior to or with the addition of traffic associated with the proposed plan. Signal warrant worksheets are provided in Appendix J. Therefore, cumulative impacts related to the circulation system in terms of roadway facilities (specifically in terms of signal warrants) would be less than significant. Transit, Bicycle, and Pedestrian Circulation and Facilities The proposed plan’s impacts to transit, bicycle, and pedestrian circulation and facilities under cumulative conditions is the same as under existing conditions. While the expected growth in traffic could result in additional pedestrian crossing treatments to be warranted at the Astrid Drive/Cleaveland Road mid-block crossing, the proposed plan is not expected to add traffic to this roadway segment. With respect to transit facilities, should construction or operation of the cumulative projects temporarily or permanently conflict with existing transit connections, the Civic and Residential project sponsors would coordinate with the City to provide alternative transit access. With respect to pedestrian and bicycle facilities, Project 3, the Fountainhead Montessori Day Care, is the only project that shares a street with the plan area. The proposed plan would not remove the sidewalk that is currently provided along Oak Park Boulevard along the frontage of the Day Care facility. In addition, the proposed plan would not remove any bicycle lanes. Therefore, the proposed plan, in conjunction with cumulative projects, would have less than significant impact on transit, bicycle, and pedestrian circulation and facilities. Roadway Safety and Emergency Access Roadways constructed as part of the proposed plan and all projects listed in Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects, would be constructed to meet current City of Pleasant Hill design standards. 42820009 • 08/2019 | 3.14-13_cumulative_plus_plan_peak_hr_traf_vol.cdr Exhibit 3.14-13 Cumulative Plus Plan Peak Hour Traffic Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area With Plan Analysis Location THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Transportation FirstCarbon Solutions 3.14-77 While the proposed plan, in conjunction with the projects listed in Table 3-1 (could increase congestion on area roadways, all study intersections are projected to operate within the City’s level of service standard in the cumulative condition, except for the intersection of Putnam Boulevard/Patterson Boulevard at Oak Park Boulevard, which is projected to operate at a LOS E. The addition of traffic associated with the proposed plan would increase average intersection delay by 1- second, which is not considered a significant increase and would not result in impacts with respect to roadway safety and emergency access. Trucks necessary to construct projects listed in Table 3-1 would utilize truck routes designated by the City and would not conflict with the automobile traffic and bicycle and pedestrian activity along City streets. If any of the projects listed in Table 3-1 would redesign City streets in such a way that would significantly impact roadway safety, they would be required by the City to mitigate such impacts. In addition, cumulative project driveways would be constructed in compliance with the California Fire Code and other applicable regulations related to roadway safety and emergency access. Therefore, cumulative impacts related to roadway safety and emergency vehicle access would be less than significant. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-1 3.15 - Utilities and Service Systems 3.15.1 - Introduction This section describes the existing conditions related to utilities and service systems (water, wastewater, stormwater, and solid waste) within the respective utility service areas, which cover the City of Pleasant Hill, and the Specific Plan area (plan area) vicinity as well as the relevant regulatory framework. This section also evaluates the impacts related to such utilities and service systems that could result from implementation of the Specific Plan (proposed plan). Information in this section is based on information provided by the Contra Costa Water District (CCWD), CCWD 2015 Urban Water Management Plan, and Central Contra Costa County Sanitary District (Central San) Collection System Master Plan. Note that electrical power and natural gas area addressed within Section 3.6, Greenhouse Gas Emissions and Energy. The following comments were received during the Environmental Impact Report (EIR) scoping period related to utilities and service systems: • Request that the analysis address need to construct public main sewers and stormwater retention facilities, given that the proposed development would occur on previously vacant property; • Request analysis of impacts to adjacent East Bay Municipal Utilities District (EBMUD) property; • Requests that analysis acknowledge EBMUD would not be providing water service to the plan area; and • Concern regarding garbage generated from recreation and park facilities. 3.15.2 - Environmental Setting Water Water Source and Supply While the City of Pleasant Hill receives potable water from three water providers: CCWD, EBMUD, and Martinez Water District, the plan area is located within the CCWD water service area.1 The CCWD provides water to approximately 500,000 people in Contra Costa County, as both a retail and wholesale water supplier. As a retailer, CCWD provides treated water to customers in the cities of Clayton, Clyde, Concord, Pacheco, Port Costa, and parts of Martinez, Pleasant Hill and Walnut Creek. Table 3.15-1 summarizes the current and future water supply sources available to CCWD through 2035. 1 Contra Costa Water District (CCWD). 2017. District Boundaries. Website: https://www.ccwater.com/289/Service-Area-Map. Accessed December 5, 2018. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-2 FirstCarbon Solutions Table 3.15-1: CCWD Current and Future Water Supply Sources Source Year (Acre-feet Per Year) 2015 2020 2025 2030 2035 Central Valley Project 183,000 195,000 195,000 195,000 195,000 Groundwater 3,000 3,000 3,000 3,000 3,000 Industrial Diversions 10,000 10,000 10,000 10,000 10,000 Mallard Slough 3,100 3,100 3,100 3,100 3,100 Antioch Diversions 5,400 6,400 6,400 6,400 6,400 East Contra Costa Irrigation District 7,100 8,200 8,200 8,200 8,200 Los Vaqueros Reservoir — — — — — Recycled 10,500 12,500 13,300 14,100 14,800 Planned Purchases — — — — — Conservation Savings 11,000 16,200 17,000 19,200 21,200 Total 226,007 254,400 256,000 259,000 261,700 Source: CCWD 2016. Surface Water Contra Costa Water District Service Area The CCWD surface water supply source is provided by the federal Central Valley Project (CVP) contract. Originating in the Sierra Nevada Mountains, water flows into the Sacramento and San Joaquin rivers into the Delta where it is drawn and transported via Contra Costa Canal. The Contra Costa Canal conveys untreated water from Rock Slough for deliveries throughout CCWD’s service area. At approximately 48 miles long, the first 19 miles of the canal distribute major deliveries running from Rock Slough to the Shortcut Pipeline. Four pumping plants lift water 124 feet, which then flows by gravity. The Ygnacio Relift Pump Station diverts water into the City of Walnut Creek. The Shortcut Pipeline conveys untreated water from the canal to the Ralph D. Bollman Water Treatment Plant (WTP), the City of Martinez, Shell Oil Company, and other smaller industrial customers. The CCWD owns and operates four untreated water storage reservoirs. The 34-foot dam and 160,000 acre-foot Los Vaqueros Reservoir provides improved water quality and emergency supply reliability to CCWD customers. The CCWD holds water rights that allow diversion of up to 95,980 acre-feet/year (AFY) of excess Delta Flows to Los Vaqueros Reservoir for storage between November 1 of each year and June 30 of the succeeding year, with the total combined limit on CCWD CVP contract and Los Vaqueros water rights diversions equal to 242,000 AFY.2 The Contra Loma Reservoir has a storage capacity of 2,500 acre-feet. The Mallard Reservoir has a storage capacity of 2,100 acre-feet. The Mallard Reservoir provides water to the Ralph D. Bollman WTP and is used for emergency use, flow 2 Contra Costa Water District (CCWD). 2016. 2015 Urban Water Management Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-3 regulation, and blending of different sources of supply. Lastly, the Martinez Reservoir’s storage capacity is 230 acre-feet. The Martinez Reservoir provides regulating storage to capture flows from Canal operations and is the terminus of the Contra Costa Canal as well as the Shortcut Pipeline. Plan Area The plan area currently utilizes and is serviced with surface water provided by the CCWD. Groundwater Contra Costa Water District Service Area The primary groundwater basins within the CCWD service area are the Ygnacio, Clayton, Pittsburg Plain, and Tracy Groundwater Basins or Sub-Basins. The CCWD does not manage groundwater, nor does it use groundwater to meet any demands. There are an undetermined number of wells throughout the CCWD service area owned by industries, private individuals, and public municipal water utilities including the cities of Martinez and Pittsburg, Golden State Water Company, and Diablo Water District.3 Plan Area No groundwater wells are located within the plan area, nor is the plan area serviced by groundwater. Recycled Water Contra Costa Water District Service Area Currently, over 10,000 AFY of recycled water is put to direct use in CCWD’s service area. The CCWD has agreements with Central San and Delta Diablo (formerly known as Delta Diablo Sanitation District) regarding specific projects that provide recycled water supplies for industrial uses, wildlife enhancement, and landscape irrigation within CCWD’s service area.4 According to the 2015 Urban Water Management Plan (UWMP), Central San provides approximately 700 AFY (or approximately 228 million gallons per year or 0.6 million gallons per day (mgd) of recycled water to its customers within the cities of Pleasant Hill, Martinez, and Concord. These customers include golf courses, a community college, school athletic fields, parks and medians, a concrete and recycling batch plan, a woodchip and topsoil farm, a truck washing facility, and Contra Costa County Animal Shelter. Central San also utilizes up to 1,090 AFY (approximately 355 million gallons per year or 1 mgd) for internal use at its wastewater treatment plant for landscape irrigation.5 Plan Area The plan area does not currently utilize recycled water. Water Demand and Use Contra Costa Water District Service Area The CCWD 2015 UWMP summarizes the near-term and 2040 water demands during “Normal,” “Single-Dry,” and “Multi-Dry Year 3,” scenarios in Figures 1-3 and 1-4 of the 2015 UWMP. According to Figure 1-3, the CCWD service area has a normalized near-term water demand of 150,000 acre-feet during near-term maximum dry year demands. According to Figure 1-4, the CCWD service area will 3 Ibid. 4 Ibid. 5 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-4 FirstCarbon Solutions have a 2040 normalized water demand of 190,000 acre-feet. The CCWD has maintained an effective water conservation program that has resulted in the district currently serving less water compared to 1990 levels despite a 40 percent increase in population.6 Plan Area According to the most recent available information from the CCWD, the existing library used a total of 1,301,607 gallons of water over a 30-month period (starting in October 19, 2016 and up to February 19, 2019).7 This correlates to an average annual water demand of 520,642 gallons. The remainder of the plan area does not currently generate any water demand. Water Infrastructure and Distribution Contra Costa Water District Service Area The CCWD’s primary conveyance facility for its untreated water supply is the Contra Costa Canal, which carries water from Rock Slough for deliveries throughout CCWD’s service area, terminating at Martinez Reservoir. The Canal is approximately 48 miles long with the major deliveries within the first 26 miles, which runs from Rock Slough to the Shortcut Pipeline near the Ralph D. Bollman WTP in Concord.8 The original Los Vaqueros Project included a new point of diversion (at Old River south of the Highway 4 crossing) that operates in conjunction with the Rock Slough diversion point and associated water transmission facilities, pumping plants, and other facilities. The pumping plant is at the Old River intake and has an installed capacity of 250 cubic feet per second (cfs). Diversion from the Old River intake for delivery to CCWD’s service area began in the summer of 1997. In 2010, the CCWD completed construction of a pumping plant on Victoria Canal near Middle River that also has an installed capacity of 250 cfs.9 The two pumping plants are permitted to operate at a combined capacity of 320 cfs. Both the Middle River and Old River pumping plants pump water to the 4-million-gallon Transfer Reservoir. From the Transfer Reservoir, water either can flow by gravity to the Canal or is pumped up to the Los Vaqueros Reservoir by the Transfer Pump Station. Water stored in the Los Vaqueros Reservoir is conveyed to the Canal by gravity.10 The CCWD operates water distribution lines throughout the City, generally under public roadways and associated rights-of-way, as well as specific easements through public and private properties. Plan Area The CCWD water distribution lines within the plan area are currently located within easements under Oak Park Boulevard and Monticello Avenue. 6 Ibid. 7 Contra Costa Water District (CCWD). Dominic DeBellis, Customer Service Supervisor. Personal communication email. April 2, 2019. 8 Contra Costa Water District (CCWD). 2016. 2015 Urban Water Management Plan, page 3-4. 9 Ibid. 10 Ibid. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-5 Water Treatment Contra Costa Water District Service Area Ralph D. Bollman Water Treatment Plant The Ralph D. Bollman WTP is located in the City of Concord and treats water for customers in the cities of Concord, Clayton, Clyde, Pacheco, Port Costa, and portions of Pleasant Hill, Walnut Creek, Martinez, and Bay Point. Water from the Mallard Reservoir is pumped into the WTP where it undergoes four steps before going into treated water storage: (1) hydraulic mixing, (2) flocculation and sedimentation, (3) oxidation, and (4) filtration. Total capacity of the Ralph D. Bollman WTP is 75 million gallons per day (mgd). Randall-Bold Water Treatment Plant The CCWD and Diablo Water District co-own the Randall-Bold WTP located in City of Oakley. The Randall-Bold WTP treats water before the water is pumped to the cities of Oakley, Brentwood, Antioch, and into CCWD’s treated water distribution system. Water from the Los Vaqueros Reservoir is pumped into Randall-Bold Grit Basin and then undergoes five steps before going into treated water storage: (1) hydraulic mixing, (2) flocculation and sedimentation, (3) intermediate ozone, (4) filtration, and (5) post ozonation. Total capacity of the Randall-Bold WTP is 50 mgd. Plan Area The existing library uses surface water that is treated by Ralph D. Bollman WTP. Wastewater Wastewater Generation Central Contra Costa County Sanitary District Service Area Central San maintains the City of Pleasant Hill’s wastewater collection system. The Central San service area is approximately 150 square miles with a population of 310,000. Central San includes the cities/towns of Danville, Lafayette, Moraga, Orinda, Pleasant Hill, and Walnut Creek; portions of Martinez and San Ramon; and unincorporated areas of Contra Costa County. Central San collects and treats an average of approximately 34 million gallons of wastewater per day and up to 230 million gallons per day (gpd) during extreme storm events.11 Central San collected a total of 43,800 acre-feet of wastewater in 2015. Central San has applied to the San Francisco Bay Regional Water Quality Control Board (RWQCB) to increase its effluent discharge limit to 53.8 mgd to accommodate planned growth of 111,000 people in the service area over the next 35 years. The increase would also accommodate worst-case scenarios for groundwater infiltration, which can significantly raise flow during summer months of high rainfall years (when groundwater accumulation reaches its peak). Plan Area Central San provides sanitary sewer service to the existing library and conveys sewer discharge from the existing library. Central San does not meter or monitor the amount of wastewater discharged from customer sites. Instead, Central San uses the water usage rate as a multiplier to charge users. 11 Central Contra Costa County Sanitary District (Central San). 2017. Comprehensive Wastewater Master Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-6 FirstCarbon Solutions Wastewater Infrastructure and Collection Central Contra Costa County Sanitary District Service Area The Central San wastewater collection system includes 1,500 miles of 4- to 102-inch-diameter sewers and an estimated 130,000 private service laterals. The system includes 18 sewage-pumping stations. Existing sewer lines convey wastewater generated by land uses within the City of Pleasant Hill to the Central San Treatment Plant for treatment and then disposal or reuse.12 The Central San collection system master plan identifies facility improvements necessary to maintain collection service at or above this level. The 10-year CIP identifies the facility improvements that are prioritized and scheduled for implementation. Plan Area Existing sewer lines within the plan area are located within easements within the Civic Project site parcel and Monticello Avenue. Wastewater Treatment Central Contra Costa County Sanitary District Service Area Central San Wastewater Treatment Plant Wastewater generated in the service area is conveyed to the Central San Wastewater Treatment Plant (WWTP) where it is treated and then discharged into Suisun Bay. The Central San WWTP is located in an unincorporated area of Contra Costa County adjacent to the City of Martinez. Average dry weather flow for the 165-square mile Central San district in 1999 was 39.6 mgd, 88 percent of the amount allowed under the current National Pollution Discharge Elimination System (NPDES) permit. Based on its latest evaluation of treatment plant capacity, Central San projects that the existing infrastructure has sufficient capacity to accommodate 53.8 mgd without the need for additional treatment facilities (based on consumption of 225 gpd per dwelling unit and 1,000 gpd for nonresidential uses). The Central San treatment master plan identifies facility improvements necessary to maintain treatment service at or above this level, which are prioritized and scheduled for implementation in an annually updated Capital Improvement Budget and 10-year Capital Improvement Program. The Central San WWTP treats an average of 35.6 million gallons of wastewater per day. Approximately 600 million gallons per year are treated to a tertiary level through additional filtration and disinfection before being distributed as recycled water for landscape irrigation, industrial processes, and plant operations. The Central San WWTP has a treatment capacity of 54 million gpd. Central San collects wastewater generated within the City of Pleasant Hill that is then treated at the Central San WWTP. Plan Area The existing library is provided wastewater treatment by Central San WWTP. 12 Contra Costa Water District (CCWD). 2016. 2015 Urban Water Management Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-7 Stormwater Stormwater Generation Civic Project The Civic Project site was developed but is currently vacant. Gutters and several stormwater drains extend along Monticello Avenue and Oak Park Boulevard that collect stormwater from the Civic Project site and adjacent single-family homes to the west. The Civic Project site contains one 8-inch outfall, a 36-inch outfall, and an 8-inch abandoned storm drain. Stormwater sheet flows eastward across the site and drains into Grayson Creek. Exhibit 3.8-3 shows that the site is composed of pervious and impervious surfaces. The Civic Project site includes 9.54 acres of pervious surface and 2.09 acres of impervious surface. Residential Project The Residential Project site contains curbs and street level gutters that convey stormwater off-site and eventually into the City’s storm drain network on Monticello Avenue and Oak Park Boulevard. Exhibit 3.8-3 shows that the Residential Project site is composed of pervious and impervious surfaces. The Residential Project site is comprised of 1.30 acres of pervious surface and 3.74 acres of impervious surface.13 Stormwater Infrastructure and Collection Contra Costa County Public Works Service Area The Contra Costa County Flood Control and Water Conservation District guides regional drainage plans throughout incorporated and unincorporated County areas. All stormwater drains into Suisun Bay via stormwater drainage systems and regional creeks and streams. The County Watershed Program is responsible for ensuring that the County complies with its municipal stormwater NPDES permits in unincorporated County land only.14 The Contra Costa Clean Water Program (CCCWP) is responsible for ensuring that the County and incorporated cities comply with its municipal stormwater NPDES permits. Contra Costa County Public Works owns and maintains unincorporated County drainage facilities.15 Incorporated cities within the service area of the Contra Costa County Public Works maintain drainage facilities within the municipality City limits.16 City of Pleasant Hill The plan area is located within the Contra Costa County Public Works stormwater service area. Stormwater runoff within the City of Pleasant Hill is collected and disposed of by an integrated system of storm drains, inlets, curbside gutters, catch basins, drainage ditches, and man-made channels. The City of Pleasant Hill maintenance personnel inspect, clean, and maintain over 1,500 storm drains within the City and ensure inlets and drains are clear of debris in order to ensure stormwater flows freely.17 13 Keith Palmer, BKF Engineers, 2019. 14 Contra Costa County Flood Control District. No date. Website: http://www.cccounty.us/5586/Flood-Control. Accessed March 2019. 15 BKF. Del Hombre Due Diligence, page 2. 2018. 16 Contra Costa County Flood Control and Water Conservation District. Drainage, Watershed, and Water Quality FAQs, page 5. 17 City of Pleasant Hill. Streets, Storm Drains, and Graffiti. Website: https://www.ci.pleasant-hill.ca.us/170/Streets-Storm-Drains-Graffiti. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-8 FirstCarbon Solutions Plan Area Existing stormwater facilities within the plan area include a 24-inch storm drain under Oak Park Boulevard and a 15-inch line that connects to the 1750 Oak Park Property (library and administrative offices). The plan area currently experiences inundation during storm events. Exhibit 3.15-1 depicts the existing storm drainage system within the plan area. Stormwater Treatment Contra Costa County Public Works Service Area The CCCWP offers education and outreach to residents and businesses throughout the County to help them reduce stormwater pollution. In addition, the CCCWP provides Best Management Practice (BMP) information and pollution prevention for municipal operations, new and redevelopment planning, industrial/commercial site controls, water quality monitoring, pesticide toxicity controls, trash reduction in creeks and land, mercury and Polychlorniated Biphenyl (PCB) controls, and other stormwater related compliance and enforcement activities through education and outreach to the public.18 Plan Area The City of Pleasant Hill Clean Water Program implements the City of Pleasant Hill-specific components of the CCCWP. The City’s program funds the following stormwater treatment activities: street sweeping, annual creek clean up, site inspections of businesses, City newsletter, new and redevelopment project pollution prevention review and inspection, teacher action grants, regional education campaigns, and compliance reporting.19 Electricity Electricity is measured in kilowatts (kW)20 or megawatts (MW). Electricity is used primarily for lighting, appliances, and other uses. Electricity Demand and Use City of Pleasant Hill Pacific Gas & Electric (PG&E) provides service throughout most of Northern California, including all of Contra Costa County and the City of Pleasant Hill.21 According to the most recent data from PG&E, Pleasant Hill utilized 19,743,421 kilowatt-hour (kWh) between January and March 2019.22 Plan Area The existing library is the only property within the plan area that currently uses electricity. According to the California Emissions Estimator Model (CalEEMod) outputs in Appendix C, the existing library currently utilizes 516,355 kilowatt-hour (kWh) of electricity per year. 18 Contra Costa Clean Water Program (CCCWP). Program Activities. Website: https://www.cccleanwater.org/about/program-activities 19 City of Pleasant Hill. NPDES Program. Website: https://www.ci.pleasant-hill.ca.us/379/NPDES-Program. 20 1 kW = 1.000 watts; A watt is a derived unit of power that measure rate of energy conversion. 1 watt is equivalent to work being done at a rate of 1 joule of energy per second. In electrical terms, 1 watt is the power dissipated by a current of 1 ampere flowing across a resistance of 1 volt. 21 Pacific Gas & Electric (PG&E). Electric Service Area Maps. Website: https://www.pge.com/tariffs/tm2/pdf/ELEC_MAPS_Service_Area_Map.pdf. April 16, 2019. 22 Pacific Gas & Electric (PG&E). PG&E Energy Data Request-Public Data Sets, 2019_Q1_ElectricUsagebyZip. Website: https://pge- energydatarequest.com/public_datasets/download?type=electric&file=PGE_2019_Q1_ElectricUsageByZip.zip. April 17, 2019. Plan Area Limits Source: WRECO, 2019. 42820009 • 08/2019 | 3.15-1_existing_storm_drainage_system.cdr Exhibit 3.15-1 Existing Storm Drainage System CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-11 Electricity Infrastructure and Distribution City of Pleasant Hill PG&E provides electricity infrastructure, such as overhead and underground power lines, throughout the City of Pleasant Hill. Plan Area Within the plan area, overhead power lines extend along the southern portion of Oak Park Boulevard adjacent to the roadway. At the intersection of Oak Park Boulevard and Monticello Avenue overhead power lines continue north adjacent to the western side of Monticello Avenue. Natural Gas Natural gas is used for everything from generating electricity for cooking and space heating to an alternative transportation fuel. Natural gas is measured in British thermal units (BTU), or cubic feet.23 Natural Gas Demand and Use City of Pleasant Hill PG&E provides service throughout most of Northern California, including all of Contra Costa County and the City of Pleasant Hill.24 According to the most recent data from PG&E, Pleasant Hill utilized 2,369,448 therms between January and March 2019.25 Plan Area The existing library currently utilizes natural gas for heating and water heating. PG&E provides natural gas to the library. Based on the CalEEMod default values for a 37,364-square-foot library in Contra Costa County, the existing library utilizes 924,759 kilo-BTU (kBTU) of natural gas per year (Appendix C). Natural Gas Infrastructure and Distribution City of Pleasant Hill PG&E’s natural gas and electricity services cover approximately 70,000 square miles in Northern and Central California. The transmission and delivery system comprises 1.5 million miles of transmission pipelines and distribution systems delivering natural gas to over 16 million people. Plan Area Natural gas lines may extend on the 1750 Oak Park property and along the joint trench along Monticello Avenue. Telecommunications Telecommunication services include telephone service (both landlines and mobile service) and internet service for businesses and homes. 23 A unit for quantity of heat that equals 100,000 British thermal units (BTU). A BTU is the quantity of heat required to raise the temperature of 1 pound of liquid water 1 degree Fahrenheit at a constant pressure of 1 atmosphere. 24 Pacific Gas & Electric (PG&E). Gas Service Area Maps. Website: https://www.pge.com/tariffs/tm2/pdf/GAS_MAPS_Service_Area_Map.pdf. April 17, 2019. 25 Pacific Gas & Electric (PG&E). PG&E Energy Data Request-Public Data Sets, 2019_Q1_GasUsagebyZip. Website: https://pge- energydatarequest.com/public_datasets/download?type=gaz&file=PGE_2019_Q1_GasUsageByZip.zip. April 17, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-12 FirstCarbon Solutions Telecommunications Demand and Use City of Pleasant Hill City of Pleasant Hill telecommunications demand is met by Xfinity, AT&T, and Wave Broadband. Plan Area The existing library provides telecommunications to the community as part of the internet and phone services provided by the library. Telecommunications Infrastructure and Distribution Telecommunications infrastructure includes underground optical fibers, cell towers, and standard phone equipment and internet routers. City of Pleasant Hill Telecommunications providers own and operate infrastructure, such as cellphone towers and fiber optic cables, within the City of Pleasant Hill. Plan Area The plan area contains telecommunications infrastructure for use by the existing library. Solid Waste Solid Waste Generation City of Pleasant Hill The City generated 24,471 tons of solid waste in 2017, down from 24,868 tons in 2016.26 Waste generated within the City is hauled to the Contra Costa Transfer Station, which is permitted to collect and process up to 1,900 tons of solid waste per day. Plan Area Using a 0.007-pounds-per-square-foot per-day solid waste generation rate, the existing 37,364- square-foot Pleasant Hill Library generates an estimated 262 pounds of solid waste per day and 95,465 pounds per year.27 Because the municipal administrative offices are vacant, this use was not included in the calculation for existing solid waste generation at this property. Solid Waste Collection Contra Costa County Solid Waste Authority Service Area The plan area is located within the Central Contra Costa County Solid Waste Authority solid waste service area. Central Contra Costa County Solid Waste Authority (RecycleSmart) provides solid waste and residential recycling services for incorporated and unincorporated areas within Contra Costa County. RecycleSmart holds franchise agreements with solid waste collection providers to collect and dispose of residential and commercial solid waste. 26 California Department of Resources Recycling and Recovery (CalRecycle). 2019. Jurisdiction Review Reports. Website: https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/ReviewReports/DisposalTonnageTrend. Accessed January 4, 2019. 27 California Department of Resources Recycling and Recovery (CalRecycle). 2019. Website: https://www2.calrecycle.ca.gov/wastecharacterization/general/rates. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-13 Republic Services is a private company providing non-hazardous solid waste and recycling services for commercial, industrial, municipal, and residential customers. Republic Services, under agreement with RecycleSmart, provides solid waste disposal services within the City of Pleasant Hill. The California Department of Resources Recycling and Recovery (CalRecycle) indicates that the City of Pleasant Hill’s diversion rate is 49 percent as of 2006.28 Plan Area RecycleSmart provides solid waste and residential recycling services for plan area. Solid Waste Disposal Contra Costa County Solid Waste Authority Service Area The landfills accepting solid waste generated by unincorporated and incorporated Contra Costa County, including the City of Pleasant Hill, are the Acme and Keller Canyon Landfills. These landfills are located in the City of Martinez and City of Pittsburg, respectively. Table 3.15-2 provides a summary regarding these two landfills in terms of land jurisdiction location, maximum daily throughput, and permitted and remaining capacities. Both landfills have remaining capacity. Table 3.15-2: Landfills Serving Contra Costa County Summary Landfill Facility Land Jurisdiction Location Maximum Daily Throughput Cubic Yards Permitted Capacity Remaining Capacity Acme Landfill City of Martinez 1,500 tons/day 6,195,000 cubic yards 506,590 cubic yards Keller Canyon Landfill City of Pittsburg 3,500 tons/day 75,018,280 cubic yards 63,408,410 cubic yards Source: Cal Recycle 2016 Plan Area Acme Landfill and Keller Canyon Landfill provide solid waste landfill service to the plan area. 3.15.3 - Regulatory Framework Federal Federal Safe Drinking Water Act The Safe Drinking Water Act authorizes the United States Environmental Protection Agency (EPA) to establish national standards for drinking water, called the National Primary Drinking Water Regulations, to protect against both naturally occurring and manmade contaminants. These standards set enforceable maximum contaminant levels in drinking water and require all water providers in the United States to treat water to remove contaminants, except for private wells serving fewer than 25 people. In California, the State Department of Health Services conducts most enforcement activities. 28 California Department of Resources Recycling and Recovery (CalRecycle). 2019. Jurisdiction Review Reports. Website: https://www2.calrecycle.ca.gov/LGCentral/AnnualReporting/ReviewReports/DisposalTonnageTrend. Accessed February 8, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-14 FirstCarbon Solutions Clean Water Act (National Pollutant Discharge Elimination System) The Water Pollution Control Act of 1972, more commonly known as the Clean Water Act (CWA), regulates the discharge of pollutants into watersheds throughout the nation. Under the CWA, the EPA implements pollution control programs and sets wastewater standards. The NPDES permit program was established within the CWA to regulate municipal and industrial discharges to surface waters of the United States. Federal NPDES permit regulations have been established for broad categories of discharges, including point-source municipal waste discharges and nonpoint-source stormwater runoff. NPDES permits generally identify effluent and receiving water limits on allowable concentrations and/or mass emissions of pollutants contained in the discharge; prohibitions on discharges not specifically allowed under the permit; and provisions that describe required actions by the discharger, including industrial pretreatment, pollution prevention, self-monitoring, and other activities. Wastewater discharge is regulated under the NPDES permit program for direct discharges into receiving waters and by the National Pretreatment Program for indirect discharges to a sewage treatment plant. State Porter-Cologne Water Quality Control Act Section 13260(a) of the Porter-Cologne Water Quality Control Act (contained in the California Water Code) requires any person discharging waste or proposing to discharge waste, other than to a community sewer system, within any region that could affect the quality of the waters of the State (all surface and subsurface waters) to file a report of waste discharge. The discharge of dredged or fill material may constitute a discharge of waste that could affect the quality of waters of the State. The waterway within the plan area is a likely a waters of the State, which are protected under this Act. Historically, California relied on its authority under Section 401 of the CWA to regulate discharges of dredged or fill material to waters of the U.S. That section requires an applicant to obtain “water quality certification” from the State Water Board through its RWQCBs to ensure compliance with State water quality standards before certain federal licenses or permits may be issued. The permits subject to Section 401 include permits for the discharge of dredged or fill materials (CWA § 404 permits) issued by the United States Army Corp of Engineers (USACE). The RWQCB’s typically waived waste discharge requirements under the Porter-Cologne Water Quality Control Act for projects or plans that also required Section 401 certification. Following the U.S. Supreme Court’s decision Rapanos v. United States, 547 U.S. 715 (2006) which limited the jurisdiction of wetlands under the CWA, the RWQCB’s now generally rely on the report of waste discharge process to regulate discharges into waters of the State. California Urban Water Management Planning Act The Urban Water Management Planning Act (California Water Code §§ 10610-10656) requires that all urban water suppliers with at least 3,000 customers prepare urban water management plans and update them every 5 years. The act requires that urban water management plans include a description of water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions. Specifically, urban water management plans must: City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-15 • Provide current and projected population, climate, and other demographic factors affecting the supplier’s water management planning; • Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier; • Describe the reliability of the water supply and vulnerability to seasonal or climatic shortage; • Describe plans to supplement or replace that source with alternative sources or water demand management measures; • Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis (associated with systems that use surface water); • Quantify past and current water use; • Provide a description of the supplier’s water demand management measures, including schedule of implementation, program to measure effectiveness of measures, and anticipated water demand reductions associated with the measures; and • Assess the water supply reliability. Pursuant to the Urban Water Management Planning Act, the CCWD maintains an UWMP. California Health and Safety Code Section 64562 of the California Health and Safety Code establishes water supply requirements for service connections to public water systems. Before additional service connections can be permitted, enough water must be available to the public water system from its water sources and distribution reservoirs to adequately, dependably, and safely meet the total requirements of all water users under maximum-demand conditions. California Senate Bills 610 and 221 Senate Bill (SB) 610 and SB 221 (Water Code § 10910(c)(2)) amended State law, effective January 1, 2002, to improve the link between information on water supply availability and certain land use decisions made by cities and counties. SB 610 and SB 221 seek to promote more collaborative planning between local water suppliers and cities and counties by requiring that detailed information regarding water availability be provided to decision-makers prior to approval of specified large development projects. SB 610 requires that detailed information be included in a Water Supply Assessment (WSA), which is then included in the administrative record that serves as the evidentiary basis for an approval action by a city or county. SB 221 requires that the detailed information be included in a verification of water supply. Under SB 610, WSAs must be furnished to local governments for inclusion in any environmental documentation for certain projects (as defined in Water Code Section 10912(a)) subject to the California Environmental Quality Act (CEQA). California Green Building Standards Code The 2016 California Green Building Code (Part 11, Title 24) standards became effective on January 1, 2011. The California Green Building Standards Code (CALGreen) was most recently updated in 2016, City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-16 FirstCarbon Solutions and these changes went into effect on January 1, 2017.29 CALGreen was developed to enhance the design and construction of buildings and sustainable construction practices through planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental air quality. For each year of construction, in both newly constructed buildings and alterations to existing buildings, the 2013 Standards (for residential and nonresidential buildings) were expected to reduce the growth in electricity use by 555.5 gigawatt-hours per year and to reduce the growth in peak electrical demand by 148.4 megawatts. The 2013 Standards were also expected to reduce the growth in natural gas use by 7.04 million therms per year beyond the prior 2008 Standards. Overall, the 2013 Standards use 25 percent less energy for lighting, heating, cooling, ventilation, and water heating than the 2008 Standards. Single-family homes built to the 2016 standards will use about 28 percent less energy for lighting, heating, cooling, ventilation, and water heating than those built to the 2013 standards. In 30 years, California will have saved enough energy to power 2.2 million homes, reducing the need to build 12 additional power plants. The 2016 Building Energy Efficiency Standards may reduce statewide annual electricity consumption by approximately 281 gigawatt-hours per year, electrical peak demand by 195 megawatts, and natural gas consumption by 16 million therms per year. The potential effect of these energy savings to air quality may be a net reduction in the emission of nitric oxide by approximately 508 tons per year, sulfur oxides by 13 tons per year, carbon monoxide by 41 tons per year, and particulate matter less than 2.5 microns in diameter by 13.57 tons per year. Additionally, Energy Commission staff estimated that the implementation of the 2016 Standards may reduce Statewide greenhouse gas (GHG) emissions by 160,000 metric tons of carbon dioxide equivalents per year. Over time, the energy savings will accumulate as the Standards affect each subsequent year of construction. The savings result from changes to both the residential and nonresidential standards. The Standards affect both newly constructed buildings and alterations to existing buildings. These savings result from retrofit insulation requirements for existing roofs and the energy requirement for renovated lighting systems to meet the updated Standards. California Water Conservation Act The California Water Conservation Act (SB X7-7) was enacted in November 2009 and requires each urban water supplier to select one of four water conservation targets contained in California Water Code Section 10608.20 with the Statewide goal of achieving a 20 percent reduction in urban per- capita water use by 2020. Under SBX7-7, urban retail water suppliers are required to develop water use targets and submit a water management plan to the Department of Water Resources by July 2011. The plan must include the baseline daily per-capita water use, water use target, interim water use target, and compliance daily per-capita water use. 29 California Building Standards Commission (CBC). 2016. Green Building Standards. Website: https://www.ladbs.org/docs/default- source/publications/code-amendments/2016-calgreen_complete.pdf?sfvrsn=6. Accessed March 4, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-17 California Model Water Efficient Landscape Ordinance The California Model Water Efficient Landscape Ordinance was adopted by the Office of Administrative Law in September 2009, and requires local agencies to implement water efficiency measures as part of its review of landscaping plans. Local agencies can either adopt the Model Water Efficient Landscape Ordinance or incorporate provisions of the ordinance into its own code requirements for landscaping. For new landscaping projects of 2,500 square feet or more that require a discretionary or ministerial approval, the applicant is required to submit a detailed “Landscape Documentation Package” that discusses water efficiency, soil management, and landscape design elements. California Groundwater Management Act The Groundwater Management Act of the California Water Code (Assembly Bill [AB] 3030) provides guidance for applicable local agencies to develop voluntary Groundwater Management Plans (GMPs) in State-designated groundwater basins. GMPs can allow agencies to raise revenue to pay for measures influencing the management of the basin, including extraction, recharge, conveyance, maintenance, and water quality. California Sanitary District Act of 1923 The California Sanitary District Act of 1923 (Health and Safety Code § 6400, et seq.) authorizes the formation of sanitation districts and enforces the districts to construct, operate, and maintain facilities for the collection, treatment, and disposal of wastewater. The Act was amended in 1949 to allow the districts to also provide solid waste management and disposal services, including refuse transfer and resource recovery. California Integrated Waste Management Act To minimize the amount of solid waste that must be disposed of by transformation and land disposal, the State Legislature passed the California Integrated Waste Management Act of 1989 (AB 939), effective January 1990. The legislation required each local jurisdiction in the State to set diversion requirements of 25 percent in 1995 and 50 percent in 2000; established a comprehensive statewide system of permitting, inspections, enforcement, and maintenance for solid waste facilities; and authorized local jurisdictions to impose fees based on the types or amounts of solid waste generated. In 2007, amendments to AB 939 introduced a new per capita disposal and goal measurement system that moves the emphasis from an estimated diversion measurement number to using an actual disposal measurement number as a per capita disposal rate factor. As such, the new disposal-based indicator (pounds per person per year) uses only two factors: a jurisdiction’s population (or in some cases employment) and its disposal as reported by disposal facilities. Regional San Francisco Bay Regional Water Quality Control Board (Stormwater Permitting Program) The San Francisco Bay RWQCB administers the NPDES stormwater permitting program and regulates stormwater in the San Francisco Bay region. Contra Costa County is a permittee under the Phase II NPDES Municipal Stormwater Permit for the CCCWP. Stormwater discharges from construction activities on 1 acre or more are regulated by the RWQCB and are subject to the permitting City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-18 FirstCarbon Solutions requirements of the NPDES General Permit for Discharges of Stormwater Runoff Associated with Construction Activity (General Construction Permit). Local Pleasant Hill 2003 General Plan Community Development Element The Pleasant Hill 2003 General Plan establishes the following guiding and implementing policies associated with utilities and service systems that are relevant to the proposed plan: Community Development Goals, Policies, and Programs • Goal 11. Ensure adequacy of water supply, sewage, disposal, and solid waste services. • Policy 11A. Ensure that basic services are provided to proposed development and that the provision of those services does not jeopardize service to existing uses. • Program 11.1. Consult with water providers and the Sanitary District prior to approving development. • Program 11.2. Continue to improve on recycling efforts, with the goal of attaining the mandated 50 percent diversion rate. Pleasant Hill Municipal Code Chapter 18.52 Water-Efficient Landscaping This chapter ensures the requirements of the State Water Conservation in Landscaping Act (Government Code §§ 65591–65599) are implemented. This chapter would require all projects to submit a water-efficient landscape plan and have the plan approved prior to construction. The water- efficient landscape plan would include calculations of the maximum applied water allowance and estimated total water use. In addition, the water-efficient landscape plan would include required elements of plant materials, irrigation system design, water features, and grading and soil preparation. Chapter 14.40 Construction and Demolition Debris The proposed plan shall comply with this chapter as a condition of approval, which shall require a Waste Management Plan (WMP). The WMP shall include the following: a) The total square footage of the area to be constructed or demolished; b) a list of the C&D debris material types to be generated; c) The identity of the vendor(s) or facility(ies) that the applicant proposes to use to collect or receive that material; and d) An acknowledgement of responsibility that the applicant understands the consequences of not meeting the 50% diversion requirement and that the applicant is responsible for the actions of their contractors or other agents with regard to the diversion requirement. The chief building official would approve the WMP only if it meets conditions contained in the Chapter. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-19 3.15.4 - Impacts and Mitigation Measures Significance Criteria According to 2019 CEQA Guidelines Appendix G, to determine whether impacts related to utilities and service systems are significant environmental effects, the following questions are analyzed and evaluated. Would the proposed plan: a) Require or result in the relocation or construction of new or expanded water or wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the proposed plan and reasonably foreseeable future development during normal, dry, and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or may serve the plan area that it has adequate capacity to serve the proposed plan’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of State or local standard, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, State, and local management and reduction statutes and regulations related to solid waste? Approach to Analysis Water The demand for potable water (both with and without use of recycled water) was calculated to assist in determining whether sufficient water supply would be available from the CCWD. The CCWD’s water provision requirements were also reviewed. Wastewater Wastewater production was calculated and compared with Central San treatment capacity to determine whether wastewater treatment requirements would be exceeded. The Central San’s wastewater discharge permitting requirements were also reviewed. Stormwater Stormwater production was calculated and compared with City of Pleasant Hill stormwater facility treatment capacity to determine whether stormwater collection requirements would be exceeded. Solid Waste Solid waste production was calculated and compared with the applicable landfill capacity to determine whether landfill daily permitted capacity and total storage capacity would be exceeded. The City’s and RecycleSmart’s solid waste regulations and policies were also reviewed. Telecommunications The telecommunications providers in the City of Pleasant Hill were identified. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-20 FirstCarbon Solutions Section 3.6, Greenhouse Gas Emissions and Energy, addresses electricity and natural gas services. Specific Thresholds of Significance For purposes of this analysis, the following thresholds are used to evaluate the significance of hazards and hazardous materials impacts resulting from implementation of the proposed plan. • Create a need for relocated, new, or expanded water supply, wastewater treatment, stormwater drainage facilities, electric power, natural gas, or telecommunications facilities, the construction of which would result in significant construction-related traffic, air quality, GHG emissions, energy, or noise impacts. Determination of significance of construction-related traffic, air quality, GHG emissions, energy, or noise impacts is based on the respective specific thresholds of significance listed in Section 3.14, Transportation; Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; and Section 3.10, Noise. • Result in insufficient water supply to serve the proposed plan’s potable water demand during normal, dry, and multiple dry years. • Inadequate capacity at the Central San facility to serve the proposed plan’s wastewater generation • Insufficient daily capacity or permitted daily capacity at the ACME and Keller Canyon Landfills to serve the proposed plan’s waste generation. • Unable to comply with AB 939 solid waste diversion goals. Impact Evaluation Water, Wastewater, Stormwater, and Telecommunication Facilities Impact UTIL-1: The proposed plan could require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects. Construction Water Civic Project and Residential Project Demand and Consumption Construction would necessitate the occasional use of water for dust control, mixing concrete, washing equipment and vehicles, and other activities. In addition, construction workers would consume water. Water used for construction and water consumed by construction workers would result in a nominal amount of water use on a daily basis. The UWMP determined that the CCWD has sufficient water supplies to accommodate the anticipated population growth throughout its service area, including population growth associated with the proposed plan. In addition, the CCWD provides water service to the plan area. The water demand and supply is accounted for in the WSA as described in Chapter 7 of the UWMP. Because construction would require a minimal, limited quantity of water, the CCWD would have adequate capacity to serve construction demands in addition to its other existing commitments, and new or expanded entitlements would not be necessary. Therefore, construction City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-21 impacts related to need for new water supply infrastructure facilities as a result of water demand would be less than significant. Infrastructure Construction, Expansion, or Relocation No new or expanded water treatment facilities would be constructed as part of the implementation of the proposed plan. The implementation of the proposed plan would result in the construction of new water line connections from existing water lines. Potential construction impacts related to implementation of the proposed plan (and associated expansion of existing water infrastructure) are included in the construction analyses in Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.10, Noise; and Section 3.14, Transportation. Construction related to extension and expansion of existing water infrastructure would represent a potentially significant impact. However, with implementation of construction-related Mitigation Measure (MM) AIR-2, MM AIR-3, MM GHG- 1, MM NOI-1, and MM TRANS-1a, impacts related to construction or expansion of water supply infrastructure facilities would be reduced to less than significant. Therefore, construction impacts related to planned construction, expansion, and relocation of water infrastructure facilities would be less than significant with mitigation. Wastewater Civic Project and Residential Project Generation Construction of the Civic Project and Residential Project would result in the generation of wastewater associated with water used for dust control, mixing concrete, washing equipment and vehicles, and other activities as well as wastewater generated from construction workers. Neither the Civic Project nor the Residential Project propose industrial or commercial use where wastewater pollutant levels or wastewater volumes are typically high. The Central San Treatment Facility would treat wastewater generated by future Specific Plan development within the plan area consistent with standards established by the San Francisco Bay Area RWQCB. The Central San published the Comprehensive Wastewater Master Plan in June 2017, which considered the existing and future wastewater treatment and recycled water needs of Contra Costa County, including the City of Pleasant Hill. The Comprehensive Wastewater Master Plan identifies and describes the needed capacity increases and treatment process upgrades needed to accommodate the anticipated future growth within the Central San service area. As discussed under Impact UTIL-3, the Central San Treatment Facility would contain sufficient capacity to serve the Civic Project and Residential Project, and a new or expanded wastewater treatment facility would not be required. Therefore, construction impacts related to need for new wastewater infrastructure facilities as a result of wastewater generation would be less than significant. Infrastructure Construction, Expansion, or Relocation No new or expanded wastewater treatment facilities would be required as a result on implementation of the proposed plan. The Civic Project and Residential Project would each include new connections from existing wastewater lines in Oak Park Boulevard and Monticello Avenue to the proposed uses. The existing 10-inch sanitary sewer line that runs underneath the 1700 Oak Park property would need to be re-routed around the proposed library. Potential impacts related to City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-22 FirstCarbon Solutions construction of the Civic Project and Residential Project are included in the construction analysis in Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.10, Noise; and Section 3.14, Transportation, and potentially significant impacts are identified. However, with implementation of construction-related MM AIR-2, MM AIR-3, MM GHG-1, NOI-1, and TRANS-1a, construction impacts related to need for expansion of wastewater facilities would be reduced to less than significant. Therefore, impacts related to planned construction, expansion, and relocation of wastewater infrastructure facilities would be less than significant with mitigation. Stormwater Civic Project As discussed in the Section 3.8, Hydrology and Water Quality, the Civic Project includes planned improvements to the storm drainage system across the Civic Project site, which would enhance the existing system through upsizing of drainage lines to better accommodate storm flows, upgrading of existing outfalls in Grayson Creek, and provision of rip rap at the outfalls for energy dissipation. The planned improvements would capture and redirect flows to minimize flooding that currently occurs across the Civic Project site during extreme rain events. The Civic Project would adhere to the Construction General Permit, which would require implementation of a Storm Water Pollution Prevention Plan (SWPPP) to abate sedimentation and erosion impacts at the Civic Project site during construction. In addition, BMPs would be enforced to regulate discharges into the storm drain system during construction. Section 3.8, Hydrology and Water Quality, provides a full breakdown of on-site stormwater retention facilities as well as an analysis of stormwater runoff and construction-related impacts. Furthermore, the City of Pleasant Hill routinely conducts street sweeping and storm drain facility cleaning as part of implementing its Clean Water Program. Therefore, construction impacts related to need for new stormwater infrastructure facilities as a result of stormwater generation would be less than significant. Residential Project The Residential Project would remove and replace the existing 15-inch storm drain line. A new line would connect to the storm drain system in Monticello Avenue and Oak park Boulevard, which has sufficient capacity to accommodate the Residential Project as further discussed in Section 3.8, Hydrology and Water Quality. As discussed in Section 3.8, Hydrology and Water Quality, the Residential Project would result in a net decrease in impervious surfaces. In compliance with C.3 requirements, the Residential Project would also include bio-retention basins, which would ensure that there would not be an increase in runoff that could exceed the storm drainage capacity or redirect flood flows. Potential construction impacts related to construction of the Residential Project (and associated construction and expansion of bio-retention basins) are included in the construction analysis in Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.10, Noise; and Section 3.14, Transportation. Construction related to the extension and expansion of existing stormwater infrastructure would represent a potentially significant impact. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-23 However, with implementation of construction-related MM AIR-2, MM AIR-3, MM GHG-1, MM NOI- 1, and MM TRANS-1a, construction impacts related to need for relocation or construction of new or expanded stormwater facilities would be reduced to less than significant. Therefore, construction impacts related to planned construction, expansion, and relocation of wastewater infrastructure facilities would be less than significant with mitigation. Electricity Civic Project and Residential Project Demand and Consumption Implementation of the proposed plan would consume electricity for construction work areas, field services (office trailers), and electric-driven equipment such as pumps and other tools. The Pleasant Hill Municipal Code limits construction activities to the hours between 7:30 a.m. and 7:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays and Sundays. As on-site construction activities would be restricted between these hours, it is anticipated that the use of construction lighting would be minimal. Due to the temporary nature of construction and the financial incentives for developers and contractors to use energy-consuming resources in an efficient manner, construction demand and consumption of electricity would not be significant. Therefore, construction impacts related to need for new electrical supply infrastructure facilities as a result of electricity demand would be less than significant. Infrastructure Construction, Expansion, or Relocation Implementation of the proposed plan would include new connections from existing electrical lines along Oak Park Boulevard and Monticello Avenue to the proposed residential, library, and park uses. The existing overhead electrical line that runs on the west side of Monticello Avenue would be removed and placed underground during construction. Potential construction impacts related to construction of the Civic Project and Residential Project (and associated expansion of existing electrical infrastructure) are included in the construction analysis in Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.10, Noise; and Section 3.14, Transportation. Construction related to extension and expansion of existing electrical infrastructure would represent a potentially significant impact. However, with implementation of MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS- 1a, impacts related to need for relocation or construction of new or expanded electrical facilities would be reduced to less than significant. Therefore, construction impacts related to planned construction, expansion, and relocation of electrical infrastructure facilities would be less than significant with mitigation. Natural Gas Civic Project and Residential Project Demand and Consumption Implementation of the proposed plan would not consume natural gas for construction purposes. Therefore, there would be no construction impact related to need for new natural gas supply infrastructure facilities as a result of natural gas demand. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-24 FirstCarbon Solutions Infrastructure Construction, Expansion, or Relocation Implementation of the proposed plan would include new connections from existing natural gas lines along Oak Park Boulevard and Monticello Avenue to the proposed residential, library, and park uses. An existing natural gas line runs within the west side of Monticello Avenue and then crosses over to the east side of Monticello Avenue before Santa Barbara Road. The proposed plan would result in moving the natural gas line to the joint trench along Monticello Avenue. Potential construction impacts related to construction of the proposed plan (and associated expansion of existing natural gas infrastructure) are included in the construction analysis in Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.10, Noise; and Section 3.14, Transportation. Construction related to extension and expansion of existing natural gas infrastructure would represent a potentially significant impact. However, with implementation of MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a, impacts related to need for relocation or construction of new or expanded natural gas facilities would be reduced to less than significant. Therefore, construction impacts related to planned construction, expansion, and relocation of electrical infrastructure facilities would be less than significant with mitigation. Telecommunication Civic Project and Residential Project Demand Implementation of the proposed plan would use telecommunications (phone and internet) for construction field services (office trailers). Implementation of the proposed plan would not result in a substantial demand for service. Therefore, construction impacts related to need for new telecommunications infrastructure facilities as a result of telecommunications demand would be less than significant. Infrastructure Construction, Expansion, or Relocation Implementation of the proposed plan would include new connections from existing telecommunications lines along Oak Park Boulevard and Monticello Avenue to the proposed residential, library, and park uses. The existing overhead telecommunications lines that run west of Monticello Avenue would be removed and placed underground in the same location during construction. Potential construction impacts related to Implementation of the proposed plan (and associated expansion of existing telecommunications infrastructure) are included in the construction analysis in Section 3.2, Air Quality; Section 3.6, Greenhouse Gas Emissions and Energy; Section 3.10, Noise; and Section 3.14, Transportation. Impacts related to extension and expansion of existing telecommunications infrastructure would represent a potentially significant impact. However, with implementation of MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a, impacts related to need for relocation or construction of new or expanded telecommunications facilities would be reduced to less than significant. Therefore, construction impacts related to planned construction, expansion, and relocation of telecommunications infrastructure facilities would be less than significant with mitigation. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-25 Operation Water Civic Project and Residential Project Demand and Consumption The UWMP determined that the CCWD has sufficient water supplies to accommodate the anticipated population growth throughout its service area, including the plan area. In addition, this plan area is located in an urbanized area that is currently served by the CCWD and accounted for in the WSA as described in Chapter 7 of the UWMP. Furthermore, the Pleasant Hill 2003 General Plan EIR determined that buildout of the Pleasant Hill 2003 General Plan would result in a water use increase of approximately 300 AFY.30 As discussed under Impact UTIL-2, there would be sufficient water supplies available to serve the Civic Project and Residential Project and reasonably foreseeable future development during normal, dry and multiple dry years. In compliance with the California Fire Code, Part 9 of the California Building Standards Code (CBC), the Civic Project and Residential Project would follow standards for fire safety such as fire flow requirements for buildings, fire hydrant location and distribution criteria. Therefore, operational impacts related to need for new water supply infrastructure facilities as a result of water demand would be less than significant. Infrastructure and Treatment Facilities Capacity Implementation of the proposed plan would include new water main along Monticello Avenue with connections from existing water lines in Oak Park Boulevard and Santa Barbara Road to the proposed residential, library, and park uses. As such, at operation the Civic Project and Residential Project would not require the relocation or expansion of water infrastructure or treatment facilities, because it would be served by the CCWD with adequate water supplies during normal, dry, and multiple dry years. As discussed under Impact UTIL-2, the Civic Project and Residential Project would represent less than one percent of the projected water demand for the CCWD’s service area. In addition, the total capacity of the Ralph D. Bollman WTP is 75 mgd and the estimated water demand associated with the Civic Project and Residential Project would be less than one percent of the WTP’s treatment capacity. As such, there would be no operational need related to extension and expansion of existing water infrastructure and treatment facilities. Therefore, operational impacts related to adequacy and capacity of water infrastructure facilities would be less than significant. Wastewater Civic Project and Residential Project Generation At operation, the Civic Project and Residential Project would result in an increase in wastewater generation compared to existing conditions. As discussed under Impact UTIL-3, there would be sufficient wastewater capacity available to serve the Civic Project and Residential Project. Therefore, operational impacts related to need for new wastewater supply infrastructure facilities as a result of wastewater demand would be less than significant. Infrastructure and Treatment Facilities Capacity The Civic Project and Residential Project would include new connections from existing waste water lines in Oak Park Boulevard and within the Civic Project site. Central San would serve the Civic 30 City of Pleasant Hill. Pleasant Hill 2003 General Plan EIR, page 84. January 2003. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-26 FirstCarbon Solutions Project and Residential Project. As discussed under Impact UTIL-3, the Central San Treatment Facility contains sufficient capacity to serve wastewater treatment needs of the Civic Project and Residential Project, and a new or expanded wastewater treatment facility would not be required. Therefore, operational impacts related to need for new wastewater supply infrastructure facilities as a result of wastewater generation would be less than significant. Stormwater Civic Project and Residential Project Generation The Civic Project and Residential Project would incorporate BMPs and Low Impact Development (LIDs) to comply with C.3 requirements and the City of Pleasant Hill Clean Water Program and Stormwater Runoff Pollution Control Ordinance Code, thereby ensuring that there would be no net increase in stormwater runoff. Therefore, stormwater generated by operation of the Civic Project and Residential Project would not exceed the capacity of existing or planned stormwater drainage and storage systems. Therefore, operational impacts related to need for new stormwater infrastructure facilities as a result of stormwater generation would be less than significant. Civic Project Infrastructure and Treatment Facilities Capacity As discussed under above under “Construction,” the Civic Project includes planned improvements to the storm drainage system across the Civic Project site, which would enhance the existing system through upsizing of drainage lines to better accommodate storm flows under existing and future conditions as described in Section 3.8, Hydrology and Water Quality, upgrading of existing outfalls in Grayson Creek, and provision of rip rap at the outfalls for energy dissipation. The planned improvements would minimize flooding that currently occurs across the Civic Project site during extreme rain events. As shown in Exhibit 3.15-1 and Exhibit 3.15-2, 36-inch line would replace the existing 24-inch storm drain in Oak Park Boulevard. The Civic Project would not require the relocation or expansion of stormwater infrastructure, because the City of Pleasant Hill Clean Water Program infrastructure would provide adequate stormwater infrastructure capacity. As discussed under Impact HYD-3, the existing and planned stormwater systems and basins would contain sufficient capacity to serve stormwater treatment needs of the Civic Project, and additional stormwater facilities would not be required. Therefore, operational impacts related to need for new stormwater supply infrastructure facilities as a result of stormwater generation would be less than significant. Plan Area Limits Source: WRECO, 2019. 42820009 • 08/2019 | 3.15-2_proposed_storm_drainage_detention.cdr Exhibit 3.15-2 Proposed Storm Drainage and Detention System CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-29 Residential Project Infrastructure and Treatment Facilities Capacity As the Residential Project is designed to ensure no net increase in stormwater runoff, at operation the Residential Project would not require the relocation or expansion of stormwater infrastructure, because it would be served by the City of Pleasant Hill Clean Water Program with adequate stormwater infrastructure capacity. Therefore, operational impacts related to need for new stormwater supply infrastructure facilities as a result of stormwater generation would be less than significant. Electricity Civic Project and Residential Project Demand and Consumption At operation, PG&E would provide electricity to the Civic Project and Residential Project for lighting, appliances, and other associated uses. As discussed under Impact GHG-3, the Civic Project and Residential Project would comply with the State’s Title 24 energy efficiency standards. These standards contain advanced energy efficiency standards and would ensure that the Civic Project and Residential Project would not require significant or unplanned new electrical sources. Therefore, operational impacts related to need for new electrical infrastructure facilities as a result of electricity demand would be less than significant. Infrastructure Facilities Capacity The Civic Project and Residential Project would include new connections from existing electrical lines in Oak Park Boulevard and Monticello Avenue. As such, at operation the Civic Project and Residential Project would not require the relocation or expansion of electrical infrastructure, because it would be served by PG&E with adequate electrical supplies. Therefore, operational impacts related to adequacy and capacity of electrical infrastructure facilities would be less than significant. Natural Gas Civic Project and Residential Project Demand and Consumption The Civic Project and Residential Project could utilize natural gas for heating provided by PG&E. As discussed under Impact GHG-3, the Civic Project and Residential Project would be designed and constructed consistent with the State’s Title 24 energy efficiency standards. These standards would ensure that the Civic Project and Residential Project would not require significant or unplanned new natural gas sources. Therefore, operational impacts related to need for new natural gas infrastructure facilities would be less than significant. Infrastructure Facilities Capacity The Civic Project and Residential Project would include new connections from existing electrical lines in Oak Park Boulevard and Monticello Avenue. As such, at operation the Civic Project and Residential Project would not require the relocation or expansion of electrical infrastructure, because they would be served by PG&E with adequate electrical supplies. Therefore, operational impacts related to adequacy and capacity of electrical infrastructure facilities would be less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-30 FirstCarbon Solutions Telecommunications Civic Project and Residential Project Demand At operation, the Civic Project and Residential Project would increase demand for internet and telephone services provided by local telecommunications providers. The library, park district, and future residents would coordinate with telecommunication providers in order to provide service. Therefore, operational impacts related to need for new telecommunications infrastructure facilities as a result of telecommunications demand would be less than significant. Infrastructure Facilities Capacity The plan area is located in an urbanized area of Pleasant Hill where existing telecommunications providers already offer internet and telephone services. The Civic Project and Residential Project would include new connections from existing telecommunications lines along Oak Park Boulevard and Monticello Avenue. As such, at operation the Civic Project and Residential Project would not require the relocation or expansion of telecommunications infrastructure, because it would be served by local telecommunications providers with adequate telecommunications capacity and access. Therefore, operational impacts related to access and capacity of telecommunications infrastructure facilities would be less than significant. Level of Significance Before Mitigation Potentially Significant (Civic Project and Residential Project) Mitigation Measures Implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a (Civic Project and Residential Project) Level of Significance After Mitigation Less Than Significant with Mitigation (Civic Project and Residential Project) Water Supply Impact UTIL-2: The proposed plan would have sufficient water supplies available to serve the proposed plan and reasonably foreseeable future development during normal, dry, and multiple dry years. Construction Civic Project and Residential Project Impacts related to water supplies are limited to operational impacts. No respective construction impacts would occur. Operation Civic Project Potable and recycled water would serve the park. A new 8-inch main installed in Monticello Avenue would provide potable water and would connect to the existing 10-inch main in Oak Park Boulevard City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-31 and at Santa Barbara Road. Potable water would be used for the restrooms and drinking fountains. New low-volume toilets use an estimated 1.28 gallons per flush or less.31 A new 10-inch recycled water main in Monticello Avenue would provide recycled water service to the Civic Project. This main would connect to the existing 10-inch recycled water line in the Pleasant Oaks Park. The park would utilize 3,583,533 gallons per square foot per year of recycled water. The combination of low-flush toilets and recycled water would reduce impacts to potable water. The proposed library would connect to existing municipal water lines in Oak Park Boulevard. A new 8-inch main would provide potable water service to the library. An existing 10-inch recycled water line would extend south from the Pleasant Oaks Park. A new connection to service the proposed library would be established approximately 120 feet north of Oak Park Boulevard. The City estimates that the library would demand a peak-flow of 45 gallons per minute (gpm). As a result, the proposed library would result in an estimated daily water demand of 21,600 gallons and an annual water demand of 17.2 AFY. The 2015 UWMP indicates that the total planned water supply in 2020 is anticipated to be 228,000 acre-feet.32 Implementation of the Civic Project and Residential Project would result in a daily water demand of 34,369 gallons and an annual water demand of 38.5 acre-feet, representing less than one percent of the water supply totals forecasted for year 2020. Additionally, the UWMP determined that the CCWD would have adequate water supplies to serve all customers in its service area during normal, dry, and multiple dry years.33 Accordingly, adequate water supplies would be available from existing and planned supplies. Therefore, impacts related to sufficient water supply availability for the Civic Project and Residential Project would be less than significant. Residential Project The CCWD would provide water supply to the Residential Project. According to the California Department of Finance, the City of Pleasant Hill has an average of 2.50 persons per household. Using this figure as a multiplier, the proposed 34 residential units and 7 accessory dwelling units on this property would add approximately 103 persons to the population of the City of Pleasant Hill. The 2015 UWMP sets forth 185 gallons per capita daily as the 10-year baseline average water consumption rate. Multiplying the 185-gallons—per-capita rate by approximately 103 persons yields a daily water consumption value of 19,055 gallons. On an annual basis, this equates to 21.3 acre-feet water demand for this property. Therefore, impacts related to water supply availability would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 31 United States Environmental Protection Agency (EPA). Residential Toilets. Website: https://www.epa.gov/watersense/residential- toilets. Accessed February 27, 2019. 32 Contra Costa Water District (CCWD). 2015. Urban Water Management Plan. 33 Contra Costa Water District (CCWD). 2015. UWMP. Page 7-10. June 2016. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-32 FirstCarbon Solutions Wastewater Treatment Capacity Impact UTIL-3: The proposed plan would not result in a determination by the wastewater treatment provider which serves or may serve the plan area that it has adequate capacity to serve the proposed plan’s projected demand in addition to the provider’s existing commitments. Construction Civic Project and Residential Project Impacts related to adequate wastewater treatment capacity are limited to operational impacts. No respective construction impacts would occur. Operation Implementation of the proposed plan could have a significant impact if the wastewater treatment provider would not have sufficient capacity to serve the proposed new uses in addition to the provider’s existing commitments. Civic Project The park’s public restroom would connect to the existing 10-inch via a 6-inch sewer line just south of the proposed parking lot. These restrooms would be used infrequently and only during operational hours of the proposed park. As the proposed park would not result in permanent, only daytime, population, it would not be expected to result in a substantial increase in wastewater generation from park restrooms use. As a result, the proposed park restrooms would not result in a need for new or expanded wastewater facilities. The proposed library would connect to an existing 10-inch municipal sewer line that runs north-to- south through the eastern side of the Civic Project site. Library restrooms would be used exclusively by library patrons and only during operational hours. As the proposed library use would not result in permanent, only daytime, population, it would not be expected to result in a substantial increase in wastewater generation from library restrooms use. As a result, the proposed library would not result in a need for new or expanded wastewater facilities. Residential Project Using a standard industry assumption that wastewater generation represents 95 percent of domestic water use, the Residential Project would generate 14,587 gallons of effluent on a daily basis. The wastewater would be treated at the Central San Treatment Plant, which has a treatment capacity of approximately 54 mgd and approximately 270 mgd of wet-weather flow.34 The Central San Treatment Plant currently treats an average daily dry-weather flow of 34 mgd and estimates to treat 41 average daily dry-weather flow by 2035. As a result, the Residential Project’s estimated wastewater generation would be less than one percent of the total capacity of the Central San Treatment Plant. Therefore, the Residential Project would not result in a need for new or expanded wastewater facilities, and impacts related to wastewater treatment capacity on this property would be less than significant. 34 Central Contra Costa County Sanitary District (Central San). 2017. Comprehensive Wastewater Master Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-33 Level of Significance Less Than Significant (Civic Project and Residential Project) Landfill Capacity and Solid Waste Reduction Goals Consistency Impact UTIL-4: The proposed plan would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Construction Civic Project and Residential Project During the construction phases, the Residential Project would result in the removal of the existing library and offices, surface parking lots, and landscaping, while the Civic Project would result in the removal of existing landscaping in support of site preparation for the new library and athletic fields. In total, approximately 159,000 square feet of impervious surface and 59,000 square feet of pervious surface for a total of 218,000 square feet would be removed. Consistent with the Pleasant Hill Municipal Code, Chapter 14.40, the contractors for the Civic Project and Residential Project would each develop and implement a WMP that would disclose the following: • The total square footage of the area to be constructed or demolished; • A list of the debris material types to be generated; • The identity of the vendor(s) or facility(ies) that the applicant proposes to use to collect or receive that material; and • An acknowledgement of responsibility that the applicant understands the consequences of not meeting the 50 percent diversion requirement and that the applicant is responsible for the actions of their contractors or other agents with regard to the diversion requirement. Implementation of the WMP would be a condition of approval for the Civic Project and Residential Project and as such would not require mitigation. Therefore, construction of the Civic Project and Residential Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals. Therefore, construction impacts related to landfill capacity and solid waste reduction goals consistency would be less than significant. Operation Civic Project and Residential Project RecycleSmart would provide operational solid waste collection services for the Civic Project and Residential Project. Daily and annual operational solid waste generation estimates are provided in Table 3.15-3. Operational solid waste generation was calculated using standard waste generation rates provided by CalRecycle. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-34 FirstCarbon Solutions Table 3.15-3: Operational Solid Waste Generation-By Project Activity Size Waste Generation Rate Waste Generation Daily Total (tons) Annual Total (tons) Cubic Yards Residential Project 34 residential units plus 7 accessory dwelling units 10 pounds/dwelling/day 0.205 74.83 104.76 Civic Project (Library) 25,000-square-feet1 .007 pounds/square feet/day 0.088 32.12 44.97 Civic Project (Park) 95,160 square feet2 .007 pounds/square feet/day 0.33 121.57 86.83 Total 228.52 236.56 Notes: 1 ton = 2,000 pounds; 1 ton = 1.4 cubic yards 1 The proposed library would be approximately 23,900 square feet. To provide a conservative estimate, this EIR assumed that the library is 25,000 square feet. 2 This number assumes 93,000 square feet for the fields (ball fields, soccer field, and grass area) and 2,160 square feet for the three bocce courts. Source: CalRecycle. 2015. Estimated Solid Waste Generation. Website: https://www2.calrecycle.ca.gov/wastecharacterization/general/rates. Accessed December 17, 2018. The Civic Project and Residential Project would generate an estimated 228.52 tons of waste a year at operation, representing less than one percent of the total capacity of ACME and Keller Canyon Landfills and would be served by a landfill that contains sufficient capacity to serve the Civic Project and Residential Project. Therefore, operational impacts related to landfill capacity and solid waste reduction goals consistency would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) Solid Waste Regulations Consistency Impact UTIL-5: The proposed plan would comply with federal, State, and local management and reduction statutes and regulations related to solid waste. Construction Civic Project and Residential Project The Civic Project and Residential Project would comply with Chapter 14.40 of the Pleasant Hill Municipal Code related to solid waste reduction and recycling measures. Compliance with this regulation would ensure compliance with the California Integrated Waste Management Act by ensuring construction waste is transferred to facilities that can adequately recycle solid waste. As a condition of approval, Chapter 14.40 of the Pleasant Hill Municipal Code would require the Civic Project and Residential Project to implement a WMP, ensuring compliance with the existing Pleasant Hill Municipal Code and the California Integrated Waste Management Act. Therefore, impacts related to solid waste regulations consistency are less than significant. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-35 Operation Civic Project and Residential Project Operation of the Civic Project and Residential Project would be required to comply with applicable State and local regulations related to solid waste such as the California Integrated Waste Management Act and Chapter 13.10 of the Pleasant Hill Municipal Code. Adherence to the Pleasant Hill Municipal Code would ensure sufficient solid waste collection and transportation is available, and would ensure that disposal sites contain sufficient capacity through permit review and inspections, and recycling programs are implemented in order to divert waste. As such, operation of the Civic Project and Residential Project would not impede the ability of the City to meet waste diversion requirements or cause the City to violate State and local statutes and regulations related to solid waste. Therefore, with compliance with existing State and City law requiring recycling and waste diversion from landfill requirements, operational impacts related to solid waste regulations consistency would be less than significant. Level of Significance Less Than Significant (Civic Project and Residential Project) 3.15.5 - Cumulative Impacts Water The geographic scope of the cumulative potable water analysis is the service area of the CCWD, which provides potable water to residents and businesses within the County, including the city of Pleasant Hill. The CCWD considered the existing capacity and future demand for capacity to determine needed updates to water facilities. In the course of preparing the UWMP, CCWD estimated water demand of future development in the service area and forecast the needed facility upgrades. The forecast included supply facility upgrades needed to accommodate growth in the City and County. Cumulative projects listed in Table 3-1 (refer to Chapter 3, Environmental Impact Analysis, Table 3-1, Cumulative Projects) are located within the areas of the City of Pleasant Hill, City of Walnut Creek, and on Caltrans-owned land within 5 miles of the plan area. As discussed under Impact UTIL-2, the CCWD prepared a UWMP that considered the buildout potential across the County. The UWMP determined that the CCWD would be able to provide adequate water supplies to the County and plan area during normal and dry years. In addition, cumulative projects listed in Table 3-1, would be required to comply with provisions of the respective Municipal Code and California Green Building Code related to water conservation. Therefore, the Civic Project and Residential Project, in conjunction with other projects in the City of Pleasant Hill, would result in a less than significant cumulative impact related to water supply and treatment. Wastewater The geographic scope of the cumulative wastewater analysis is the service area of Central San, which provides wastewater collection and treatment services for County contracted cities, residents, and business in the City of Pleasant Hill. City of Pleasant Hill—Oak Park Properties Specific Plan Utilities and Service Systems Draft EIR 3.15-36 FirstCarbon Solutions Central San considered the existing capacity and future demand for capacity to determine needed updates to wastewater and recycled water facilities. In the course of preparing the Comprehensive Wastewater Master Plan, Central San estimated wastewater generated from future development in the service area and forecast the needed facility upgrades. The forecast included treatment facility upgrades needed to accommodate growth in the service area and maintain compliance with applicable regulatory standards for wastewater treatment and discharge. Cumulative projects listed in Table 3-1 are located in the Central San’s service area and would generate volumes of wastewater. Central San has anticipated development in the City of Pleasant Hill, as described and estimated in the Comprehensive Wastewater Master Plan, and determined that capacity would exist to service the demand for wastewater treatment facilities. Therefore, the Civic Project and Residential Project, in conjunction with other existing, planned, and probable future projects in the Central San’s service area would result in a less than significant cumulative impact related to wastewater generation and treatment. Storm Drainage The geographic scope of the cumulative analysis of storm drainage is the plan area vicinity, consisting of areas that drain to the Contra Costa County Flood Control and Water Conservation District’s storm drainage system and to Suisun Bay. Cumulative projects listed in Table 3-1 predominantly consist of residential, commercial, and government uses. The cumulative projects are located in urban areas that would be served by existing municipal storm drainage systems. Consistent with measures in the Pleasant Hill Municipal Code, all development in the City would incorporate a stormwater control plan and stormwater collection systems into the development that would in turn reduce the volume and velocity of stormwater runoff that cumulative projects would generate. Therefore, the Civic Project and Residential Project, in conjunction with other existing, planned, and probable future projects, would result in a less than significant cumulative impact related to storm drainage. (See also Section 3.8, Hydrology and Water Quality). Solid Waste The geographic scope of the cumulative solid waste analysis is the service area of Central San, which operates solid waste landfills and oversees regional waste diversion programs. Solid waste and recycling collection services would be provided by RecycleSmart. Central San anticipates it would be able to absorb future growth. Cumulative projects listed in Table 3-1 consist predominantly of residential, commercial, and government use. However, as with the surrounding areas, new cumulative development (residential and non-residential) would increase demand on solid waste facilities to receive, process, and store solid waste. The Keller Canyon Landfill has a total permitted capacity 75,018,280 cubic yards with a remaining capacity of 63,408,410 cubic yards. In addition, the ACME Landfill has a total permitted capacity 6,195,000 cubic yards with a remaining capacity of 506,590 cubic yards and a closure date of July 1, 2021. The anticipated waste volume of development in the plan area represents less than one City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Utilities and Service Systems FirstCarbon Solutions 3.15-37 percent of the landfill’s permitted daily capacity. Existing solid waste facilities provide sufficient capacity to serve all development anticipated in the City, as well as existing, planned, and probable future land uses in the City for the foreseeable future. Therefore, the Civic Project and Residential Project, in conjunction with other future projects, would result in a less than significant cumulative impact related to solid waste generation and landfill capacity. Level of Cumulative Significance Less Than Significant (Civic Project and Residential Project) THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Effects Found Not To Be Significant FirstCarbon Solutions 4-1 CHAPTER 4: EFFECTS FOUND NOT TO BE SIGNIFICANT 4.1 - Introduction This chapter is based on the Environmental Impact Report (EIR) Notice of Preparation (NOP), dated November 15, 2018, and contained in Appendix A of this EIR. The NOP was prepared to identify the potentially significant effects of the Specific Plan (proposed plan) and was circulated for public review between November 15, 2018, and December 17, 2018. In the course of this evaluation, certain impacts were found to be less than significant, because construction and operation of the proposed plan would not result in such impacts. This chapter provides a brief description of effects found not to be significant or less than significant, based on the NOP, NOP public comments letters received, and more detailed analysis conducted as part of the EIR preparation process. Note that a number of impacts that are found to be less than significant are addressed in the various EIR topical sections (Sections 3.1 through 3.15) to provide more comprehensive discussion of why impacts are less than significant, in order to better inform decision makers and the general public. 4.2 - Effects Found Not To Be Significant 4.2.1 - Agriculture and Forestry Resources No agricultural land or forestland currently exists within the Specific Plan area (plan area). The plan area is currently designated for utility facilities, libraries, City offices, fire stations, churches, hospitals, residential, retail, commercial, office, and/or public uses in the City of Pleasant Hill 2003 General Plan and for medium density single-family residential land uses and Planned Unit Development uses in the Pleasant Hill Municipal Code.1,2 The project site is mapped “Urban and Built-up Land,” a non-agricultural designation, by the California Department of Conservation Farmland Mapping and Monitoring Program.3 As such, construction and operation of the proposed plan would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural uses, would not conflict with existing zoning for agricultural use or a Williamson Act contract, would not conflict with existing zoning for forestland or timberland, and would not result in loss or conversion of forestland to non-forest uses.4,5 Therefore, no impact related to agriculture or forestry resources would occur. 4.2.2 - Mineral Resources There are no mineral resource recovery sites on or in the vicinity of the plan area. A Mineral Resource Zones and Resources Sectors map prepared by the California Geological Survey indicates that the plan area is located in an area not containing any known mineral occurrences of 1 City of Pleasant Hill. 2003. City of Pleasant Hill 2003 General Plan. 2 City of Pleasant Hill. 2018. City of Pleasant Hill Municipal Code, Title 18 Planning and Land Use. Website: https://www.codepublishing.com/CA/PleasantHill/. Accessed February 20, 2019. 3 California Department of Conservation. 2018. Contra Costa County Important Farmland 2016. Website: ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2016/con16.pdf. Accessed February 20, 2019. 4 Ibid. 5 California Department of Conservation. 2013. Contra Costa County Williamson Act FY 2012/2013. Website: ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2016/con16.pdf. Accessed February 20, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Effects Found Not To Be Significant Draft EIR 4-2 FirstCarbon Solutions undetermined mineral significance.6 Thus, implementation of the proposed plan would not result in the loss of a locally important mineral resource recovery site delineated by an applicable land use plan. The plan area is currently designated for utility facilities, libraries, City offices, fire stations, churches, hospitals, residential, retail, commercial, office, and/or public uses in the City of Pleasant Hill 2003 General Plan.7 As such, construction and operation of the proposed plan would not result in the loss of availability of a known mineral resource of Statewide, regional, or local importance. Therefore, no impact related to mineral resources would occur. 6 California Department of Conservation. 1987. Mineral Resource Zones and Resource Sectors Contra Costa County. Website: file:///C:/Users/cdamle/Downloads/SR-146_Plate_2.2.pdf. Accessed February 20, 2019. 7 City of Pleasant Hill. 2003. City of Pleasant Hill 2003 General Plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Other CEQA Considerations FirstCarbon Solutions 5-1 CHAPTER 5: OTHER CEQA CONSIDERATIONS 5.1 - Significant Unavoidable Impacts California Environmental Quality Act (CEQA) Guidelines Section 15126.2(a)(b) requires an Environmental Impact Report (EIR) to identify and focus on the significant environmental effects of the Specific Plan (proposed plan), including effects that cannot be avoided if the proposed plan were implemented. The Civic Project would not result in any significant and unavoidable impacts. The Residential Project would result in the following significant and unavoidable impacts: • Historic resources impact related to demolition of the California Register of Historic Resources (CRHR)-eligible library currently located at 1750 Oak Park Boulevard; and • Cumulative historic resources impact related to demolition of the existing CRHR-eligible library. 5.2 - Growth-Inducing Impacts There are two types of growth-inducing impacts that a project may have: direct and indirect. To assess the potential for growth-inducing impacts, the proposed plan’s characteristics that may encourage and facilitate activities that individually or cumulatively may affect the environment must be evaluated (CEQA Guidelines § 15126.2(d)). CEQA Guidelines, as interpreted by the City, state that a significant growth-inducing impact may result if the proposed plan would: • Induce substantial population growth in an area (for example, by proposing new homes and commercial or industrial businesses beyond the land use density/intensity envisioned in the general plan); • Substantially alter the planned location, distribution, density, or growth rate of the population of an area; or • Include extensions of roads or other infrastructure not assumed in the general plan or adopted capital improvements project list, when such infrastructure exceeds the needs of a project and could accommodate future developments. Direct growth-inducing impacts occur when the development of a project imposes new burdens on a community by directly inducing population growth, or by leading to the construction of additional developments in the same area. Also included in this category are projects that remove physical obstacles to population growth (such as a new road into an undeveloped area or a wastewater treatment plant with excess capacity that could allow additional development in the service area). Construction of these types of infrastructure projects cannot be considered isolated from the development they facilitate and serve. Projects that physically remove obstacles to growth, or projects City of Pleasant Hill—Oak Park Properties Specific Plan Other CEQA Considerations Draft EIR 5-2 FirstCarbon Solutions that indirectly induce growth may provide a catalyst for future unrelated development in an area such as a new residential community that requires additional commercial uses to support residents. The plan area is located in the southeastern portion of the City of Pleasant Hill in an urbanized area. The Civic Project involves the construction and operation of a replacement library, a new park, roadway improvements, and upgrading three existing outfalls to Grayson Creek. The Residential Project involves the construction and operation of new residencies. Implementing the proposed plan would directly induce growth in the City, but not in a manner that is beyond the Citywide land use densities/intensities envisioned in the Pleasant Hill 2003 General Plan for this area of Pleasant Hill. According to the California Department of Finance (CDF), as of 2018, the City’s population was 35,068 people.1 According to the CDF and the Pleasant Hill 2015 Housing Element, the population of the City is expected to increase by 2,632 people by 2040, resulting in a total anticipated population of 35,900 by 2030.2 The Residential Project would develop 34 single-family homes with seven accessory dwelling units and would be expected to result in an additional population of approximately 103 persons.3 The proposed library would continue to provide space for the City’s existing library personnel, and the positions at the existing library would be relocated to the new library; there would be no increase in the number of employees related to the library portion of the Civic Project; the new library is expected to employ 20 persons. The other plan components are not anticipated to require new employees during operation. Conservatively assuming that all of the approximately 103 people would be new to the City, the population growth associated with the Residential Project would represent 0.29 percent of the total 35,068 population of the City of Pleasant Hill as reported by the CDF in 2018. Therefore, direct population growth as a result of the proposed plan is considered negligible. In addition, this direct population growth associated with the proposed plan would be consistent with growth projections for the City as projected by the Association of Bay Area Governments. The proposed plan would also not significantly and adversely affect the permanent jobs/housing balance, because the proposed plan would create residential development without significantly increasing the number of permanent jobs. Therefore, it would not create a housing demand above what would otherwise occur in the City. Housing included as part of the Residential Project would help the City achieve a more balanced job/housing balance by providing much-needed housing. The plan area currently consists of vacant, undeveloped land as well as an existing library and vacant administrative offices with surface parking lot. Implementing the Civic and Residential Project would require the extension of electrical, natural gas, flood control, and water utility infrastructure and connections to existing utilities infrastructure on and adjacent to the plan area. However, this extension of infrastructure would not remove physical obstacles to population growth and, thus, would not induce growth in other areas, because the plan area is already within an urbanized area and the adjacent areas are already developed and zoned residential, commercial, public institutional, and 1 California Department of Finance (CDF). 2018. Table 2: E-5 City/County Population and Housing Estimates, 1/1/2018. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/. Accessed January 2, 2019. 2 California Department of Finance (CDF). 2018. Table E-4. Historical Population Estimates for Cities, Counties, and the State. Website: http://www.dof.ca.gov/Forecasting/Demographics/Estimates/; City of Pleasant Hill Housing Element, 2015-Table H2. Population Estimates and Projections, 2010-2040. 3 The California Department of Finance (CDF). Persons per household ratio for the City of Pleasant Hill is 2.50. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Other CEQA Considerations FirstCarbon Solutions 5-3 recreational. Furthermore, the Civic Project and Residential Project would be compatible with the surrounding residential uses and not pressure adjacent properties to redevelop with new or different land uses. As a result, it is not anticipated that nearby residents would relocate. Therefore, the proposed plan would not remove a barrier to growth nor create an indirect population increase. Because the proposed plan would not result in indirect growth, negatively alter the existing jobs/housing balance, or be inconsistent with the Pleasant Hill 2003 General Plan, or Pleasant Hill 2015 Housing Element’s direct growth projections for the City, the growth-inducing impact would be less than significant. 5.3 - Significant Irreversible Environmental Changes As mandated by CEQA Guidelines Section 15126.2(c), the EIR must address significant irreversible environmental changes that would result from implementation of the proposed plan. Specifically, such an irreversible environmental change would occur if: • The proposed plan would involve a large commitment of nonrenewable resources; • Irreversible damage can result from environmental accidents associated with the proposed plan; and • The proposed consumption of resources is not justified (e.g., the proposed plan results in the wasteful use of energy). (Refer to Section 3.6, Greenhouse Gas Emissions/Energy, which addresses this topic in accordance with CEQA Guidelines Appendix G) The Civic Project involves the construction and operation of a replacement library, a new park, roadway improvements, and upgrading three existing outfalls to Grayson Creek. The Residential Project involves the construction and operation of new residencies. The proposed plan would result in 47.36 percent of the site being left as open space or landscaped area. Of the 302 trees on-site, 154 are “protected trees” under Pleasant Hill’s Tree Preservation Ordinance. Pursuant to the Pleasant Hill’s Tree Preservation ordinance, non-protected trees would be replaced at a 1:1 ratio and protected trees are replaced by two trees for each protected tree removed. Construction debris recycling practices would be expected to allow for the recovery and reuse of building materials such as concrete, lumber, and steel and would limit disposal of these materials, some of which are non-renewable. Construction would include the use of building materials, such as petroleum-based products and metals that cannot reasonably be recreated. Construction also would involve significant consumption of energy, usually petroleum-based fuels that deplete supplies of nonrenewable resources. Construction of structures and infrastructure would consume energy and water; however, because of its temporary and one-time nature, construction associated with the proposed plan would not represent a significant irreversible use of resources. Once construction is complete, the land uses associated with the Civic Project and Residential Project would use some nonrenewable fuels to heat and light structures and consume water. The new residential, semi-public and institutional, and recreational uses would be required to be built to and adhere to the latest adopted edition of the California Green Building Standards Code, which City of Pleasant Hill—Oak Park Properties Specific Plan Other CEQA Considerations Draft EIR 5-4 FirstCarbon Solutions includes a number of standards that would reduce energy demand, water consumption, wastewater generation, and solid waste generation that would collectively reduce the demand for resources. This compliance would result in the emission and generation of less pollution and effluent and lessen the severity of corresponding environmental effects. Thus, although the proposed plan would result in an irretrievable commitment of non-renewable resources, energy for heat and light and water for irrigation and plumbing would not be consumed inefficiently, unnecessarily, or wastefully. Furthermore, the Civic Project and Residential Project do not have the potential to cause significant environmental accidents through releases into the environment, as they would not involve large quantities of hazardous materials (see Section 3.7, Hazards, Hazardous Materials, and Wildfire, for additional information). In addition, the plan area is located within an urbanized area that is not within a State responsibility area or land classified as a Very High Fire Hazard Severity Zone. Given that the southeast area of the City of Pleasant Hill is not located in steep terrain surrounded by natural vegetation nor does it consistently experience high winds, the plan area would be not be substantially prone to wildfires (see Section 3.7, Hazards, Hazardous Materials, and Wildfire, for additional information). As discussed in Section 3.12, Public Services, the existing fire protection facilities would be adequate to serve the Civic Project and Residential Project, and the proposed plan would not result in a significant and unavoidable impact related to the need for new or altered fire protection facilities. Thus, implementation of the proposed plan would not have the potential to result in significant environmental accidents related to wildfire hazards and would not result in significant irreversible environmental changes. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-1 CHAPTER 6: ALTERNATIVES 6.1 - Introduction In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15126.6, this chapter contains a comparative impact assessment of alternatives to the Oak Park Properties Specific Plan (proposed plan). The primary purpose of an alternatives analysis under CEQA is to provide decision-makers and the public with a reasonable range of feasible alternatives to the proposed plan that could attain most of the basic plan objectives, while avoiding or reducing any of the plan’s significant adverse environmental effects. Analysis of three alternatives to the proposed plan is provided for informational purposes and to allow decision-makers to consider the Civic Project and Residential Project in light of hypothetical alternative development scenarios, thereby promoting CEQA’s purpose as an information disclosure statute. This analysis is guided by the following considerations set forth under CEQA Guidelines Section 15126.6: • An EIR need not consider every conceivable alternative to a project; • An EIR should identify alternatives that were considered by the lead agency, but rejected as infeasible during the scoping process; • Reasons for rejecting an alternative include: - Failure to meet most of the basic project objectives; - Infeasibility; or - Inability to avoid significant environmental effects. 6.2 - Significant and Unavoidable Impacts The implementation of the proposed plan was analyzed for potentially significant impacts related to each of the environmental issues discussed in Sections 3.1 through 3.15. The results of the analysis indicate that the Civic Project would not result in any significant and unavoidable impacts. The Residential Project would result in the following significant and unavoidable impacts: • Historic resources impact related to demolition of the California Register of Historic Resources (CRHR)-eligible library currently located at 1700 Oak Park Boulevard; and • Cumulative historic resources impact related to demolition of the existing CRHR-eligible library. Mitigation measures were identified for these aforementioned historic resources impacts but would not reduce the impacts to less than significant. Thus, even though the Residential Project attempts to mitigate its impacts to the greatest extent feasible as required by CEQA, the mitigation is not technically feasible or sufficient or available to reduce impacts from significant and unavoidable. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-2 FirstCarbon Solutions 6.3 - Alternatives to the Proposed Plan Pursuant to CEQA Guidelines Section 15126.6, this EIR presents a range of reasonable alternatives to the proposed plan for analysis and evaluation of their comparative merits. These alternatives are considered to cover the range of development alternatives that would meet the basic objectives of the plan while lessening one or more of its significant impacts. CEQA Guidelines Section 15126.6(a) states that an EIR need not evaluate every conceivable alternative. Information has been provided for each alternative that would allow meaningful comparison with the proposed plan. CEQA requires that an EIR analyze a “no project” alternative (CEQA Guidelines, § 15126.6(e)). Where, as here, this alternative means a proposed project would not proceed, the discussion “[sh]ould compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved” (CEQA Guidelines, § 15126.6(e)(3)(B)). Another type of alternative to be considered includes consideration of what could reasonably be expected in the foreseeable future if the project is not approved, based on current land use plans/designations/zoning and consistent with available infrastructure and community services. In addition, given the significant and unavoidable historic resources alternative under the Residential Project, a type of historic preservation alternative is to be considered. The three alternatives to the proposed plan analyzed in this chapter are as follows: • No Project, No Development Alternative: The proposed plan would not be implemented. Neither the Civic Project nor the Residential project would proceed. The existing library on the Residential Project site would remain operational and the administrative offices would remain vacant. The library would remain operational as long as County funding remained available to address ongoing and deferred maintenance issues. The Civic Project site would also remain vacant. No roadway improvements or creek improvements would occur. The pedestrian trail and potential future bridge proposed along the eastern portion of the Civic Project to connect the to the off-site East Bay Municipal Utilities District (EBMUD) trail would not be constructed. • Code Compliant Alternative: The proposed plan would not be developed. The existing library would remain operational as long as County funding remains available and the administrative offices would remain vacant on the 1750 Oak Park property. No new library or new park would be constructed or operated as part of the Civic Project. The Pleasant Hill 2015 Housing Element designates the 1700 Oak Park Boulevard property as a potential housing site;1 therefore, for this alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units as set forth in the Housing Element. This would result in a density of approximately 10 to 12 units per acre on the 1700 Oak Park Boulevard property. No new library or new ballfields would be constructed or operated as part of this alternative. 1 City of Pleasant Hill. 2015. Pleasant Hill 2015 General Plan Housing Element-Table D1. Potential Housing Sites (page 92). Website: https://www.ci.pleasant-hill.ca.us/DocumentCenter/View/5328/2009-ADOPTED-and-CERTIFIED-Housing-Element-August?bidId=. Accessed January 3, 2019. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-3 The stormwater infrastructure improvements and construction of the pedestrian trail, as described under the Civic Project, would occur. Similar to the Civic Project, the proposed pedestrian trail along the eastern portion of the Civic Project would be constructed. In addition, the potential future pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site, may be constructed once funding is secured. The roadway improvements as described under the Civic Project would also occur. • Partial Historic Preservation Alternative: The proposed park and library as detailed under the Civic Project would be constructed and operated on the 1700 Oak Park property. All Creek, floodplain, and roadway improvements, as well as construction of the pedestrian trail as described under the Civic Project, would also occur. However, with respect to the Residential Project, on the 1750 Oak Park property, architecturally significant elements of the existing library complex including the library rotunda and connected southern annex building (Sections A and B in original building drawings totaling 30,000 to 32,985 gross square feet) would be preserved in keeping with the Secretary of Interior’s standards for the rehabilitation of historic properties and subject to the 2016 California Historical Building Code (California Code of Regulations [CCR], Title 24, Part 8). The goal in rehabilitating these two connected sections would be to preserve the relationship between the circular library rotunda (Section A) and the angular, zigzag roofed office annex (Section B). The sharp contrasts in form and style between the two connected sections are representative of the architecturally significant “International Style” in which the library complex was designed. Other significant elements to be retained include these sections’ vitrolite paneling, aluminum framing, and windows. Once retrofitted, the buildings could be re- utilized as a residential-serving community center. This residential-serving community center would be available to the tenants on the site only, and would not be a resource for the community. Under this alternative, 21,840 to 24,736 gross square feet of the existing library building complex would be demolished. Up to 10 single-family residential units and two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure throughout the 1750 Oak Park property. Similar to the Residential Project, 1750 Oak Park property access would be from off of Monticello Avenue. 6.4 - Project Objectives As stated in Chapter 2, Project Descriptions, the proposed plan has the following objectives for implementation of the Civic Project and Residential Project: Specific Plan • Adopt a comprehensive planning document to establish specific guiding principles for redevelopment of 16.60 acres of land across various properties within the plan area that includes a Civic Project (Library, Roadway, Trail, Stormwater Infrastructure and Park Improvements) and a Residential (infill development) Project. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-4 FirstCarbon Solutions Civic Project Library Component • To develop a new, state-of-the-art community library with interior and exterior community gathering spaces that serves the citizens of the City of Pleasant Hill and the vicinity well into the future; • To support multi-generational learning and a variety of learning styles as well as overall literacy within the community. Roadway, Trail, Creek, and Floodplain Improvements Component • To provide the needed pavement surface, bike/pedestrian facilities, and other public roadway infrastructure to facilitate a logical and safe roadway facility that balances the overall needs of vehicles, bicycle, and pedestrians in the area and address key traffic circulation issues within the limits of the Civic Project; • To create a new pedestrian trail parallel to and providing visual access to Grayson Creek; and • To enhance stormwater capacity, conveyance, and detention within the existing floodplain and protect the proposed new library building from flooding by increasing its site elevation. Park Component • To enhance recreation and park facilities for City of Pleasant Hill residents; • To create new high-quality athletic fields to support local youth leagues and provide positive out-of-school time youth activities; • To increase field time available for sports leagues by extending useable playing time; • To provide opportunities for adults to improve their health and wellness through active sports opportunities; • To offer a community-gathering place via a park that provides active and passive spaces; • To reduce impact on other parks in the City of Pleasant Hill by adding popular amenities such as bocce ball courts; • To improve drop-off/pick-up access to Pleasant Hill Middle School through the modification of the parking area north of the Civic Project site; and • To meet the recreation service demand established in the Contra Costa Local Agency Formation Commission Municipal Service Review: Parks and Recreation and Cemetery Services.2 Residential Project • To maximize infill development on underutilized properties in an area served by public transit; • To develop residential land uses in an area served by adequate infrastructure and services; 2 Contra Costa County Local Agency Formation Commission. 2010. Municipal Service Review: Parks and Recreation and Cemetery Services. April. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-5 • To provide housing opportunities within the City of Pleasant Hill that will help address an overall housing shortage throughout the Bay Area region; and • To create new housing proximate to public services such as schools, parks, and other community facilities in order to reduce vehicle trips that would otherwise be necessary. 6.5 - Alternative 1—No Project, No Development Alternative CEQA Guidelines Section 15126.6(e) requires Environmental Impact Reports (EIRs) to evaluate a “No Project Alternative,” which is defined as the “circumstance under which the project does not proceed.” Under the No Project/No Action Alternative, new residential units, a new park, and a new library would not be constructed and operated within the plan area. In addition, the various floodplain management and street improvements as part of the proposed plan’s Civic Project would not occur. The existing library would remain operational and the administrative offices would remain vacant. The library would remain operational as long as County funding remained available to address ongoing and deferred maintenance issues. . 6.5.1 - Impact Analysis Aesthetics Under the No Project, No Development Alternative, the proposed plan would not be implemented, the on-site library would remain operational, the administrative offices would remain vacant, and landscaping/trees would remain the same. The new residential units (as part of the alternative to the Residential Project) would not be constructed. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. There would be no change in visual character, views, nighttime lighting, daytime glare, or shadow, as there would be no change to the existing on- site buildings, parking area, streets, utility lines, topography, or vegetation/landscaping. Thus, there would be no aesthetics impacts under this alternative. The proposed plan’s impacts related to aesthetics would be less than significant with mitigation (see Section 3.1, Aesthetics). The No Project, No Development Alternative would have a lower level of aesthetic impacts compared to the proposed plan; however, this alternative would not meet the plan objectives related to the Civic Project or Residential Project in terms of visual character, as this alternative would not contribute to enhanced recreation and park facilities for City of Pleasant Hill residents nor would it provide the City with a new, state-of-the-art community library with interior and exterior community gathering spaces. Air Quality Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. There would be no change related to criteria pollutant and toxic air contaminant emissions, as there would be no change to the existing on-site buildings and associated library operations or daily vehicle trips. Thus, there would be no air quality impacts under this alternative. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-6 FirstCarbon Solutions The proposed plan impacts related to air quality would be less than significant with mitigation (see Section 3.2, Air Quality). The No Project, No Development Alternative would result in lower levels of criteria pollutant and toxic air contaminant emission generation impacts compared to the proposed plan. However, this alternative would not meet the plan objectives related to residential, park, or library facilities in terms of air quality, as this alternative would not provide modernized municipal facilities and, thus, would not promote greater energy efficiency nor maximize infill development on underutilized properties in an area served by adequate infrastructure and services in proximity to neighborhood shopping and public transit. Biological Resources Under the No Project, No Development Alternative, the plan area would not be redeveloped, the on- site library and administrative offices would not be removed, and landscaping/trees would remain the same. Under the Residential Project, the new residential units would not be constructed. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. There would be no change related to wildlife, habitat, and waters of the United States, as there would be no improvements to Grayson Creek including enhanced capacity of the underground storm drain system, no new bioretention basins to provide pretreatment of stormwater, and upgrades to outfalls to improve creek water conveyance and reduce potential for erosion. Thus, there would be no biological resources impacted or enhanced under this alternative. The proposed plan impacts related to biological resources would be less than significant with mitigation (see Section 3.2, Biological Resources). The No Project, No Development Alternative would have a lower level of biological resources impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to residential, park, or library facilities. Cultural and Tribal Resources Under the No Project, No Development Alternative, the administrative offices would remain vacant, and the existing library would remain operational as long as County funding remains available to address ongoing and deferred maintenance issues. The property at 1700 Oak Park would also remain vacant. As such, there would be no change in historic, archeological, or tribal cultural resources, as there would be no change to the existing on-site buildings and no ground disturbance would occur. Thus, there would be no cultural resources impacts under this alternative. The proposed plan impacts related to cultural resources would be significant and unavoidable with mitigation (see Section 3.4, Cultural and Tribal Cultural Resources). The No Project, No Development Alternative would have a lower level of cultural resources impact compared to the proposed plan. However, this alternative would not meet the plan objectives related to park or library facilities as this alternative would not contribute to enhanced recreation and park facilities for City of Pleasant Hill residents nor provide the community with a new, state-of-the-art community library with interior and exterior community gathering spaces. Furthermore, there are no plan objectives for cultural or tribal cultural resources. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-7 Geology and Soils Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. Existing buildings would continue not to meet current building codes related to current energy, seismic safety, and fire provisions and, thus, during a seismic event could result in adverse impacts related to groundshaking, liquefaction, unstable soils, and expansive soils. Thus, there would be a significant and unavoidable impact related to potential exposure of persons and property to seismic- and soil-related hazards under this alternative. The proposed plan impacts related to geology and soils would be less than significant with mitigation (see Section 3.5, Geology and Soils). The No Project, No Development Alternative would have a higher level of geology and soils impact compared to the proposed plan, as it would leave in place a structure that does not meet current seismic safety code; however, this alternative would not meet either the Civic Project or Residential Project objectives related to related to residential, park, or library facilities in terms of geology and soils, as this alternative would not provide new, state-of-the- art community library facilities. The existing library would continue to operate for as long as funding continues, and would continue to not meet current building codes related to energy, seismic safety, and fire provisions. Greenhouse Gas Emissions and Energy Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. There would be no change related to greenhouse gas (GHG) emission generation or energy consumption, as there would be no change to the existing on-site buildings or associated library operations or daily vehicle trips. Thus, there would be no impact related to GHG emissions and energy under this alternative. The proposed plan impacts to GHG emissions and energy would be less than significant with mitigation (see Section 3.6, Greenhouse Gas Emissions and Energy). The No Project, No Development Alternative would result in a lower level of GHG emissions impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to residential, park, or library facilities in terms of related to GHG emissions and energy, as this alternative would not provide modernized municipal facilities, nor would it maximize infill development on underutilized properties in an area served by adequate infrastructure and services in proximity to neighborhood shopping and public transit. Hazards, Hazardous Materials, and Wildfire Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. Since there would be no demolition of the existing on-site buildings, no impacts related to potential exposure to lead-based paint or asbestos-containing materials would occur from demolition activities. Therefore, this alternative would not include mitigation requiring abatement of removal of asbestos-containing materials and lead-based paint. Thus, there would be a significant and unavoidable impact related to potential exposure of persons to hazardous materials under this alternative due to the existing structures remaining on-site. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-8 FirstCarbon Solutions The proposed plan impacts related to hazards and hazardous materials would be less than significant with mitigation (see Section 3.7, Hazards, Hazardous Materials, and Wildfire). The No Project, No Development Alternative would have a higher level of hazards and hazardous materials impact compared to the proposed plan. In addition, this alternative would not meet the plan objectives related to residential, park, or library facilities in terms of hazardous materials exposure, as this alternative would not provide modernized municipal facilities that comply with building safety codes and regulations. Hydrology and Water Quality Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The new residential units would not be constructed as part of this alternative to the Residential Project. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. Improvements to the floodplain on the Civic Project site would not be implemented, including enhancing the capacity of the underground storm drain system, the addition of new bioretention basins to provide pretreatment of stormwater, and the upgrades to outfalls in Grayson Creek to improve conveyance and reduce potential for erosion. There would be no change related to hydrology, stormwater runoff and drainage, water quality, or groundwater recharge, depletion, or flooding, as there would be no change to the existing on-site buildings, surface parking lots, or landscaping. Thus, there would be no hydrology and water quality impacts or improvements under this alternative. The proposed plan impacts to hydrology and water quality would be less than significant with mitigation (see Section 3.8, Hydrology and Water Quality). The No Project, No Development Alternative would have a lower level of hydrology and water quality impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to improvements to stormwater infrastructure, as this alternative would not provide increased stormwater capacity to accommodate storm flows and address existing overflow and flooding from Murderers Creek, including new bioretention basins to provide pretreatment of stormwater, and upgrades to outfalls to improve conveyance and reduce potential for erosion within the Grayson Creek Corridor. Land Use and Planning Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The No Project, No Development Alternative would leave municipal buildings located on an underutilized parcel adjacent to public transport. This alternative would not be consistent with the objectives of the Pleasant Hill 2003 General Plan, Community and Development Element and Economic Strategy Element that focus on enhancing the public facilities and services, recreation, parks, neighborhoods, and conservation and energy. Specifically, this alternative would not allow for access to a state-of- the-art library, would not promote a wide range of recreational programs, would not provide for the reclamation of degraded streams, give priority to development that incorporates energy-efficient and resource conserving design and construction, or facilitate the reuse of underutilized parcels. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-9 The proposed plan impacts to land use and planning would be less than significant, and the proposed plan would meet many of the objectives of the Pleasant Hill 2003 General Plan, particularly the Community and Development Element and Economic Strategy Element (see Section 3.9, Land Use and Planning). The No Project, No Development Alternative would have a higher level of land use and planning impact compared to the proposed plan. In addition, this alternative would not meet the plan objectives related to residential, park, or library facilities in terms of land use and planning. This alternative would not concentrate a library, housing, and recreational amenities where people can gather, consolidate municipal and police administrative services into a central location to improve efficiency and access, or utilize a currently underutilized parcel. Noise Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. There would be no change in groundborne vibration and noise sources (including from traffic noise), as there would be no change to the existing on-site buildings, parking lots, generators, and mechanical ventilation equipment operation. Thus, there would be no noise impacts under this alternative. The proposed plan’s noise impacts with regard to increase in ambient noise would be less than significant with mitigation (see Section 3.10, Noise). The No Project, No Development Alternative would have a lower level of noise impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to residential, park, or library facilities in terms of noise, as this alternative would not provide a new, state-of-the-art community library with interior and exterior community gathering spaces and with well-insulated wall assemblies and tight seals around openings thereby providing low indoor noise. Population and Housing Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The new residential units would not be constructed as part of this alternative to the Residential Project. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. There would be no change related to housing and jobs and no conflict with regional population growth projections, as there would be no change to the existing on-site buildings. Thus, there would be a no impact related to population under this alternative. However, this alternative would not be consistent with the objectives of the Pleasant Hill 2003 General Plan that focuses on the reuse of underutilized parcels with mixed-use development, when appropriate (Economic Strategy Element Policy 2D, Housing Element Policy 2D). The proposed plan impacts on population and housing would be less than significant and would provide housing for approximately 103 persons, in support of the Pleasant Hill 2015 Housing Element (see Section 3.11, Population and Housing). The No Project, No Development Alternative would not provide any housing, and would therefore have a higher level of population and housing impact compared to the proposed plan. In addition, this alternative does not meet the plan objectives related to residential, park, or library facilities in terms of population and housing, as this City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-10 FirstCarbon Solutions alternative would not maximize infill development on underutilized properties in an area served by adequate infrastructure and services, provide housing opportunities to the City of Pleasant Hill, or provide housing within proximity of transit uses, schools, parks and community facilities. Public Services Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The new residential units would not be constructed as part of this alternative to the Residential Project. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. There would be no change related to fire, police, school, or library services, as there would be no change to the existing buildings or facilities. Thus, there would be no impact related to school and library services under this alternative. However, this alternative would result in continued operation, for as long as funding is provided, of the existing library that does not meet current building codes related to current energy, seismic safety, and fire provisions. Thus, there would be a less than significant impact related to libraries under this alternative. The mitigation associated with public services under the proposed plan is related to the potential environmental impacts with respect to construction of the new library. Because the No Project Alternative would not construct a new library, this mitigation would not be necessary. The proposed plan impacts to public services would be less than significant with mitigation (see Section 3.12, Public Services).The No Project, No Development Alternative would not meet the plan objectives related to residential, park, or library facilities in terms of public services, as this alternative would not provide a new, state-of-the-art community library with interior and exterior community gathering spaces or enhance recreation and park facilities that would serve the citizens of the City of Pleasant Hill. The No Project, No Development Alternative would therefore have a higher level of impact compared to the proposed plan. Recreation Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The new residential units would not be constructed as part of this alternative to the Residential Project. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. . The proposed park at 1700 Oak Park Boulevard, including two 40,000-square-foot baseball fields, a 54,000-square- foot soccer field overlay on the athletic field grass between the two diamonds, three 720-square- foot bocce ball courts and associated amenities, would also not be developed under this alternative. In addition, the pedestrian pathway along the Grayson Creek Corridor would not be developed. There would be no change related to recreation and park services, as there would be no change related to existing land uses. Further, the daytime employment population and associated demand for parks and recreational facilities would remain the same as currently exists. Thus, there would be a no impact related to recreation and parks under this alternative. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-11 The proposed plan recreation and parks impact would be less than significant with mitigation for construction-period air quality and transportation impacts (see Section 3.13, Recreation). The No Project Alternative would have a lower level of recreation and parks impact compared to the proposed plan; however, this alternative would not meet the key plan objectives related to residential, park, or library facilities in terms of recreation and parks, as this alternative would not enhance recreation and park facilities for City of Pleasant Hill residents; provide high-quality athletic fields to support local youth leagues and provide positive after school and out-of-school youth activities; increase field time available for sports leagues by extending useable playing time; provide opportunities for adults to improve their health and wellness through active sports opportunities; or create a community-gathering place by offering a park that provides active and passive spaces. Transportation Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The No Project, No Development Alternative would not result in additional vehicle trips, and the transportation system would be the same as identified under the No Project conditions, for both the existing and cumulative scenarios. None of the impacts would occur and none of the mitigation measures that apply to the proposed plan would be implemented. The existing conditions would remain as they are now, and, as shown in Table 6-1, the No Project, No Development Alternative would not generate any additional vehicle traffic over the current level generated by the existing library trips. Study intersections under existing conditions generally operate at overall acceptable service levels in accordance with benchmarks set by the City during both the weekday morning, weekday afternoon, weekday evening, and Saturday afternoon peak-hours. Thus, there would be a less than significant impact related to transportation and traffic under the No Project, No Development Alternative. Table 6-1: No Project, No Development Alternative Trip Generation Scenario Daily Trips AM Peak-hour PM Peak-hour No Project, No Development Alternative1 0 0 0 Proposed Plan 950 37 125 Notes: 1 The existing library currently generates approximately 1,500 weekday daily trips, including 45 AM peak-hour, 321 afternoon peak-hour, and 170 PM peak-hour trips. On a Saturday, the daily trip generation is approximately 1,270 trips including 144 peak-hour trips. These trips are already on the roadway system and under the No Project, No Development Alternative; no net-new traffic would be generated. Source: Fehr & Peers 2019. The proposed plan impacts to transportation and traffic would be less than significant with mitigation (see Section 3.14, Transportation). The proposed plan would generate more daily vehicle trips, but would provide roadway and utility improvements to Oak Park Boulevard and Monticello Avenue that would not occur under the No Project, No Development Alternative. These improvements would generally include undergrounding of utility lines, on-street vehicle lane restriping, existing traffic signal modification, widening sidewalks, adding bicycle lanes on Monticello Avenue, and adding a new City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-12 FirstCarbon Solutions sidewalk on the north side of Oak Park Boulevard. Transportation impacts from the No Project, No Development Alternative would be less than those of the proposed plan; however, the No Project, No Development Alternative would not meet the plan objectives related to residential, park, or library facilities in terms of transportation and traffic, as this alternative would not provide housing within proximity of transit uses, schools, parks and community facilities that would reduce vehicle trips that would otherwise be necessary. Utilities and Service Systems Under the No Project, No Development Alternative, the plan area would not be redeveloped, and the on-site library and administrative offices would not be removed. The new residential units would not be constructed as part of this alternative to the Residential Project. Also, the new park and new library proposed as part of the Civic Project would not be constructed and operated, nor would the various floodplain management, creek, and street improvements occur. Furthermore, the utility improvements to Oak Park Boulevard and Monticello Avenue, including the upsizing and undergrounding of utility lines would not occur. There would be no change related to water supply utility and wastewater, stormwater, and solid waste collection service systems, as there would be no change to the existing on-site civic buildings or associated utilities demand and infrastructure facilities. Thus, there would be no impact related to utility and service systems under this alternative. The proposed plan impacts to utility and service systems would be less than significant with mitigation (see Section 3.15, Utilities and Service Systems). The No Project, No Development Alternative would have a lower level of utility and service systems impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to residential, park, or library facilities in terms of utility and service systems, as this alternative would not provide modernized municipal facilities that reduce maintenance costs and promote greater efficiency in delivery of utility services. 6.5.2 - Conclusion The No Project, No Development Alternative would avoid the significant and unavoidable cultural resources impacts of the Residential Project under the proposed plan by avoiding demolition or removal of the architecturally significant elements of the existing library complex, including the library rotunda and connected southern annex building. This alternative would, in general, not exacerbate many of the identified impacts; however, by leaving the existing library facility on-site in its dilapidated state, the No Project, No Development Alternative would result in significant and unavoidable geology/soils and hazards/hazardous materials due to lack of upgrade to seismic codes, as well as leaving asbestos-containing materials and lead-based paint in place. Additionally, this alternative would have a greater impact to public services by not adding a new library. This alternative would not advance any of the overall, residential, parks, library, street improvements, or floodplain improvement plan objectives. 6.6 - Alternative 2—Code Compliant Alternative Under this Code Compliant Alternative, the proposed plan, as currently proposed, would not be implemented. The existing library would remain operational and the administrative offices would City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-13 remain vacant on the 1750 Oak Park property. No new library or new park would be constructed or operated. The library would remain operational as long as County funding remained available to address ongoing and deferred maintenance issues. The Pleasant Hill 2015 Housing Element designates the 1700 Oak Park Boulevard property as a potential housing site; therefore, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units as set forth in the Housing Element. This would result in a density of approximately 10 to 12 units per acre on the 1700 Oak Park Boulevard property. No new library or ballfields would be constructed or operated. The creek and floodplain improvements and construction of the pedestrian trail, as described under the proposed plan’s Civic Project, would occur. In addition, similar to the proposed plan’s Civic Project, the future pedestrian trail and potential future bridge connecting the proposed on-site pedestrian trail to the off-site EBMUD trail would also be constructed. The roadway improvements as described under the proposed plan would also occur. 6.6.1 - Impact Analysis Aesthetics Under the Code Compliant Alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The various floodplain management and street improvements would occur with some variation from the proposed plan. There would be changes in visual character, views, nighttime lighting, and shadow, as there would be an addition of residential uses on-site that do not currently exist. Thus, there would be a less than significant aesthetics impact with the incorporation of mitigation for light or glare impacts by adhering to the City’s Design Review Process and Standards (Mitigation Measure [MM] AES-4) under this alternative. The proposed plan impacts related to aesthetics would be less than significant with mitigation (see Section 3.1, Aesthetics). The Code Compliant Alternative would have a similar level of aesthetics and light and glare impact compared to the proposed plan due to the inclusion of housing on site. Additionally, this alternative would not meet the plan objectives related to park or library facilities in terms of aesthetics, as this alternative would not contribute to enhanced recreation and park facilities for City of Pleasant Hill residents nor provide the community with a new, state of the art community library with interior and exterior community gathering spaces. Air Quality Under the Code Compliant Alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The various floodplain management and street improvements would occur with some variation from the proposed plan. As part of this alternative, no new library or new park would be constructed or operated. There would be changes related to criteria pollutant and toxic air contaminant emissions, as there would be new on-site residential buildings as well as new daily vehicle trips. The Code Compliant alterative would have higher weekday morning peak-hour trip generation as compared to the proposed plan and have higher levels of inbound traffic during the weekday evening peak-hour, City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-14 FirstCarbon Solutions although it is expected to result in similar levels of overall traffic-related emissions. No demolition would occur with this alternative and overall square footage of construction and operation would be less; therefore, construction and operational air quality impacts under this alternative would be less than under the proposed plan. However, the same mitigation applied to the proposed plan would be applied to this alternative. Thus, the impact related to criteria pollutant emissions under this alternative would be less than significant with mitigation. The proposed plan impacts related to air quality would be less than significant with mitigation (see Section 3.2, Air Quality). The Code Compliant Alternative would have a similar level of air quality impact compared to the proposed plan, and would meet some of the identified plan objectives related to park or library facilities in terms of air quality, as this alternative would promote greater energy efficiency in new residential uses and would maximize infill development on underutilized properties in an area served by adequate infrastructure and services in proximity to neighborhood shopping and public transit. This alternative would generate greater pedestrian activity versus vehicle use, but would not provide modernized municipal facilities. Biological Resources Under the Code Compliant Alternative, the Grayson Creek Outfalls Project and floodplain improvements as well as construction of the pedestrian trail as described under the proposed plan’s Civic Project would occur. In addition, similar to the proposed plan’s Civic Project, the future pedestrian trail and potential future bridge connecting to the future on-site pedestrian trail to the off-site EBMUD trail would also be constructed. The Creek and floodplain improvements generally include enhanced capacity of the underground storm drain system, new bioretention basins to provide pretreatment of stormwater, and upgraded outfalls in Grayson Creek to improve conveyance and reduce potential for erosion. Because the Code Compliant Alternative would include the same improvements within the Grayson Creek Corridor, it would result in the same potential impacts to nesting birds, bats, turtles, riparian habitat and sensitive natural communities, and trees in the vicinity of the plan area and Creek corridor. The same mitigation applied to the proposed plan would be applied to this alternative. Thus, impacts related to biological resources would be less than significant with the incorporation of mitigation to avoid active migratory bird nests, bat roosts, and turtle dens (MM BIO-1), obtaining Clean Water Act 401 and 404 permits and a streambed alteration agreement and planting additional trees along Grayson Creek Corridor and obtaining tree removal permits (MM BIO-2), and the implementation of tree protection treatment and guidelines during construction (MM BIO-5) under this alternative. The proposed plan impacts related to biological resources would be less than significant with mitigation (see Section 3.2, Biological Resources). The Code Compliant Alternative would have a similar level of biological resources impact compared to the proposed plan. In addition, the Code Compliant Alternative would also achieve the plan objectives related to Creek improvements in terms of biological resources, as this alternative would include the same activities within the Grayson Creek Corridor. Additionally, this impact would achieve the plan alternatives related to the residential component and street improvements, while not meeting the park, library, or overall objectives of the proposed plan as it would not provide modernized municipal facilities or a park on-site. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-15 Cultural and Tribal Resources Under the Code Compliant alternative, the existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The Pleasant Hill 2015 Housing Element designates the 1700 Oak Park Boulevard property as a potential housing site; therefore, the 1700 Oak Park Boulevard property would be developed with a total of 96 single- family, small-lot, detached units as set forth in the Housing Element. The creek and floodplain improvements and construction of the pedestrian trail, as described under the proposed plan’s Civic Project, would occur. In addition, and similar to the proposed plan, the future pedestrian trail and potential future bridge connecting the future on-site pedestrian trail to the off-site EBMUD trail would also be constructed. No new library or ballfields would be constructed or operated. Under this alternative, there would no direct change in historic resources, as there would be no change and no impact to the existing on-site historic library complex. This alternative would avoid the significant and unavoidable impacts that would be incurred under the Residential Project by not removing historic resources from the site. Under this alternative, construction of the new residential buildings, including earth-moving activities, could result in direct impacts to currently unknown archeological and tribal cultural resources impacts, and such impacts would be mitigatable by conducting construction archeological resources monitoring (MM CUL-2) and stopping construction in the event that human remains or other cultural or tribal cultural resources are encountered (MM CUL-3). Thus, overall, there would be a less than significant with mitigation cultural resources impact under this alternative. Cultural resource impacts of the Residential Project (as part of the proposed plan) would be significant and unavoidable with mitigation (see Section 3.4, Cultural and Tribal Cultural Resources). The Code Compliant Alternative would have a lower level of cultural resources impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to park or library facilities, as this alternative would not provide new, state-of-the-art community library facilities that serve the citizens of the City. Furthermore, there are no plan objectives for cultural or tribal cultural resources. Geology and Soils The Code Compliant Alternative would develop the 1700 Oak Park Boulevard property with a total of 96 single-family, small-lot, detached units, resulting in a density of approximately 10 to 12 units per acres. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The new development on-site would develop roughly the same amount of square footage as under the proposed plan. However, because there would be no change to the existing on-site library and administrative buildings, these buildings would continue to not meet current building codes related to current energy, safety, fire provisions and, thus, during a seismic event could result in adverse impacts related to groundshaking. Thus, there would be a significant and unavoidable impact related to potential exposure of persons and property to seismic- related hazards under this alternative. The proposed plan impacts with regard to geology and soil resources would be less than significant with mitigation (see Section 3.5, Geology and Soils). The Code Compliant Alternative would have a higher level of geology and soils impact compared to the proposed plan, as the existing library would City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-16 FirstCarbon Solutions remain and would not meet current code requirements for seismic stability. In addition, this alternative would not meet the plan objectives related to park or library facilities in terms of seismic- and soil-related hazards, as this alternative would not contribute to enhanced recreation and park facilities for City of Pleasant Hill residents nor provide modernized, state-of-the-art municipal facilities that comply with seismic and other building safety codes and regulations. Greenhouse Gas Emissions and Energy Under the Code Compliant Alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The various floodplain management and street improvements would occur with some variation from the proposed plan. As part of this alternative, no new library or new park would be constructed or operated. There would be a slightly lesser impact related to GHG emission generation or energy consumption, as there would be not be a new library or park on-site; however, there would still be new daily vehicle trips that differ from the existing condition on-site. The Code Compliant alterative would have lower levels of overall traffic-related emissions than the proposed plan. No demolition would occur with this alternative and overall square footage of construction would be less, therefore, GHG and energy impacts from construction would be even less than what was analyzed for the proposed plan. However, the same mitigation applied to the proposed plan could be applied to this alternative, which would require the plan to implement feasible mitigation measures to reduce GHG emissions to a less-than-significant level via the selection of a variety of GHG reduction measures. Thus, the impact related to GHG emissions and energy would be less than significant with mitigation under this alternative. The proposed plan GHG emissions and energy impact would be less than significant with mitigation (see Section 3.6, Greenhouse Gas Emissions and Energy). The Code Compliant Alternative would have a similar level of GHG emissions and energy impact compared to the proposed plan. In addition, this alternative would meet the identified plan objectives of GHG emissions and energy for the proposed residential uses but would not meet such objectives for library operations. Hazards, Hazardous Materials, and Wildfire Under the Code Compliant Alternative, the on-site library and administrative offices would not be renovated or removed, and the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached residential units. Since there would be no demolition of the existing on-site buildings, no construction impacts related to potential exposure to lead-based paint or asbestos-containing materials would occur from demolition activities. However, these materials would not be abated and would continue to pose a potential hazard. In addition, hazard impacts related to wildfire and emergency access would be less than significant. Thus, the impact related to hazards, hazardous materials, and wildfire under this alternative would be less than significant. The proposed plan impacts to hazards and hazardous materials would be less than significant with mitigation (see Section 3.7, Hazards, Hazardous Materials, and Wildfire). The Code Compliant Alternative would have a higher level of hazards, hazardous materials, and wildfire impact compared to the proposed plan. However, this alternative would not meet the plan objectives related to library City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-17 facilities in terms of hazards, hazardous materials, as this alternative would not provide modernized municipal facilities that comply with building seismic, safety codes, and regulations, such as those related to abatement of asbestos-containing materials and lead-based paint. Hydrology and Water Quality Under the Code Compliant Alternative, the Creek and floodplain improvements (including enhanced capacity of the underground storm drain system, new bioretention basins to provide pretreatment of stormwater, and upgraded outfalls in Grayson Creek to improve conveyance and reduce potential for erosion) would occur. The Code Compliant Alternative would also develop 96 single-family, small- lot, detached residential units, adding a similar amount of square footage to the site as under the proposed plan. However, because the Code Compliant Alternative would result in a high density of development, and not develop the new park, as is proposed under the proposed plan, there would be a greater amount of impervious surfaces on-site. The same mitigation applied to the proposed plan would be applied to this alternative, and the associated C.3 requirements would ensure that stormwater runoff would be retained to ensure no net increase in off-site stormwater flow. Thus, the impact related to hydrology and water quality would be less than significant with the incorporation of mitigation requiring that a drainage plan be provided to City Public Services staff prior to grading (MM HYD-3) under this alternative. Impacts related to hydrology and water quality would be less than significant with mitigation (see Section 3.8, Hydrology and Water Quality). The Code Compliant Alternative would have a similar level of hydrology and water quality impact compared to the proposed plan. This alternative would meet the plan objectives related to the Civic Project in terms of stormwater runoff and drainage, as it would implement the new bioretention basins to provide pretreatment of stormwater, and upgraded outfalls to improve conveyance and reduce potential for erosion within the Grayson Creek Corridor. Land Use and Planning Under this Code Compliant Alternative, the plan would develop the 1700 Oak Park Boulevard property with a total of 96 single-family, small-lot, detached units as set forth in the Housing Element. This would result in a density of approximately 10 to 12 units per acre on the 1700 Oak Park Boulevard property. The Pleasant Hill 2015 Housing Element designates the 1700 Oak Park Boulevard property as a potential housing site. Under this alternative, the plan would be compliant with the existing Zoning Code, and would be consistent with the Pleasant Hill 2003 General Plan, as well as the Regional Housing Need Allocation in that it would provide a greater number of housing units on an underutilized parcel. (According to the Regional Housing Need Allocation, the City’s projected housing needs from 2015 to 2023 is 448 residential units.) However, because this alternative would not develop a new library within the plan area, the Code Compliant Alternative would not be consistent with the objectives of the Pleasant Hill 2003 General Plan, Community and Development Element and Economic Strategy Element that focuses on enhancing the public facilities and services, recreation, parks, neighborhoods, and conservation and energy. Specifically, this alternative would not allow for access to a state-of-the-art library. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-18 FirstCarbon Solutions The proposed plan impacts related to land use and planning would be less than significant (see Section 3.9, Land Use and Planning). The Code Compliant Alternative would have a similar level of land use and planning impact compared to the proposed plan.; however, this alternative would not meet many of the objectives of the Pleasant Hill 2003 General Plan, particularly the Community and Development Element and Economic Strategy Element, related to library facilities in terms of land use and planning, as this alternative would not provide a new, state-of-the-art community library to serve the citizens of the City. Noise Under the Code Compliant Alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The various floodplain management and street improvements would occur with some variation from the proposed plan. As part of this alternative, no new library or new park would be constructed or operated. Therefore, there would be fewer new stationary noise sources than what was analyzed for the proposed plan. In addition, the Code Compliant Alternative would attract slightly fewer overall daily vehicle trips to the plan area, which would result in slightly lower traffic noise levels under this alternative compared to the proposed plan. However, temporary or periodic impacts of groundborne vibration and noise sources from construction activities under this alternative would occur, and the library and administrative building would remain on-site under this alternative, which would represent a noise-sensitive receptor subjected to construction-related groundborne vibration and noise sources. Such potential noise impacts would be reduced to less than significant with the incorporation of MM NOI-1 that requires the implementation of noise-reduction measures during construction under this alternative. The same mitigation applied to the proposed plan would be applied to this alternative. Thus, noise and vibration impacts would be less than significant with mitigation under this alternative. The proposed plan impacts related to noise would be less than significant with mitigation (see Section 3.10, Noise). The Code Compliant Alternative would have a similar level of noise impact compared to the proposed plan; however, while this alternative meets the residential and street improvement objectives of the proposed plan, it would not meet the park and library objectives, as it would not develop a park or new library on the site. Population and Housing Under this Code Compliant Alternative, the plan would develop the 1700 Oak Park Boulevard property with a total of 96 single-family, small-lot, detached units as set forth in the Housing Element. This would result in a permanent population increase of 240 people on the 1700 Oak Park Boulevard property. The Pleasant Hill 2015 Housing Element designates the 1700 Oak Park Boulevard property as a potential housing site. As part of this alternative, no new library or new park would be constructed or operated. There would be no change related to employment under this alternative compared to the proposed plan; however, there would be greater amount of housing supplied under this alternative compared to the proposed plan. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-19 The proposed plan impacts related to population and housing would be less than significant, (see Section 3.11, Population and Housing). The Code Compliant Alternative would have a lower level of impact related to housing provision compared to the proposed plan, as it would provide a greater number of housing units in compliance with goals of the 2015 Housing Element. This alternative would meet the plan objectives identified for the residential, street improvement, and floodplain improvements; however, it would not meet the plan objectives related to libraries and parks. Public Services Under the Code Compliant Alternative, the plan area would be developed with a total of 96 single- family, small-lot, detached housing units, the on-site library and administrative offices would not be removed, and the proposed plan’s recreational amenities would not be developed. There would be a similar, but slightly increased change related to fire, police, school, and library services, as under the proposed plan there would be more residents living on the site. In addition, this alternative would leave the current library on-site that does not meet current building codes related to current energy, safety, and fire provisions. The proposed plan impacts to public services would be less than significant with mitigation (see Section 3.12, Public Services). The Code Compliant Alternative would have a similar, although slightly higher level of public services impact compared to the proposed plan. In addition, this alternative would not meet the plan objectives related to library facilities in terms of public services, as this alternative would not provide a new, state-of-the-art community library with interior and exterior community gathering spaces or enhance recreation and park facilities that serves the citizens of the City of Pleasant Hill. Recreation Under the Code Compliant Alternative, the plan area would be redeveloped predominantly with housing, and the on-site library and administrative offices would not be removed. The proposed park at 1700 Oak Park Boulevard, including two 40,000-square-foot baseball fields, a 54,000-square-foot soccer field overlay on the athletic field grass between the two diamonds, three 720-square-foot bocce ball courts, and associated amenities would also not be developed under this alternative to the Civic Project. However, the pedestrian pathway along the Grayson Creek Corridor would be developed. In addition, the residential population and associated demand for parks and recreational facilities would be greater than the proposed plan due to a higher density (and number) of housing units on-site. The proposed plan would implement MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a as mitigation for constructing recreational facilities. This mitigation would not be necessary under this alternative, as it would not include construction of a recreational facility. The proposed plan recreation and parks impact would be less than significant with mitigation (see Section 3.13, Recreation). The Code Compliant Alternative would have a higher level of recreation and parks impact compared to the proposed plan because the housing units would generate a greater need for recreational facilities, which would not be provided under this alternative. This alternative would not meet the key plan objectives related to recreation and parks, as this alternative would not enhance recreation and park facilities for City of Pleasant Hill residents; provide high-quality athletic fields to support local youth leagues and provide positive after school and out-of-school youth activities; City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-20 FirstCarbon Solutions increase field time available for sports leagues by extending useable playing time; provide opportunities for adults to improve their health and wellness through active sports opportunities; or create a community-gathering place by offering a park that provides active and passive spaces. Transportation Under the Code Compliant Alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The various floodplain management and street improvements would occur with some variation from the proposed plan. As part of this alternative, no new library or new park would be constructed or operated. The Code Compliant alternative would generate more peak-hour trips during the morning peak-hour than the proposed plan, potentially worsening intersection operations slightly more than the proposed plan; however, the slight increase in vehicle traffic is not expected to result in deficient operations at the study intersections. As shown in Table 6-2, the Code Compliant Alternative would generate 1,010 daily trips, 73 AM peak-hour, and 68 PM peak-hour. The improvements proposed for Monticello Avenue at Oak Park Boulevard would not occur as they would under the proposed plan; the intersection is projected to continue operating at overall acceptable service levels, although the 95th percentile westbound vehicle queue could spillback to the trail crossing on Oak Park Boulevard. As the Code Compliant Alternative would generate fewer vehicle trips during the other time periods evaluated, the impacts of this alternative would be less severe than the proposed plan, but it is not expected to eliminate any of the significant impacts identified to occur with the proposed plan; specifically, impacts to the transit, bicycle, pedestrian system, and emergency access are expected to be similar. Construction-period impacts would be less as the existing library would not close, and therefore a temporary facility would not be required. Potential periodic closure of Monticello Avenue could still occur, and MM TRANS-1, identified for the proposed plan, would apply. MM TRANS-1 includes the preparation and implementation of a construction traffic management plan, the reconstruction of a bus route with a pedestrian clear-way, mid-block pedestrian crosswalks, and the preparation of a bicycle to roadway plan prior to construction. Because this alternative would construct habitable structures, this alternative would also implement MM TRANS-4 that requires the preparation of the design for fire access road as well as a sprinkler system. Thus, the impact related to transportation would be less than significant with mitigation impact under this alternative. Table 6-2: Code Compliant Alternative Trip Generation Scenario Daily Trips AM Peak-hour PM Peak-hour Code Compliant Alternative 1,010 73 68 Proposed Plan 950 37 125 Difference (60) (36) 57 Source: Fehr & Peers 2019. The proposed plan impacts to transportation would be less than significant with mitigation (see Section 3.14, Transportation). The Code Compliant Alternative would have a similar level of traffic impacts compared to the proposed plan. This alternative would also meet the identified plan City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-21 objectives related to proposed residential uses in terms of transportation but would not meet plan objectives related to proposed library and park uses in terms of transportation, as this alternative would provide needed housing and maximize infill development but not provide high-quality athletic fields and modernized library facilities. Utilities and Service Systems Under the Code Compliant Alternative, the 1700 Oak Park Boulevard property would be developed with a total of 96 single-family, small-lot, detached units. The existing library would remain operational and the administrative offices would remain vacant on the 1750 Oak Park property. The various floodplain management and street improvements would occur with some variation from the proposed plan, but the proposed recreational amenities would not be developed. Furthermore, the utility improvements to Oak Park Boulevard and Monticello Avenue, including the undergrounding of utility lines would occur. The addition of housing on-site would result in a change related to water supply demand and distribution services as well as wastewater, stormwater, and solid waste generation and collection services, while there would be no change to the existing on-site civic buildings or associated City department operations. The same mitigation related to construction of the proposed plan would be applied to this alternative. Under this alternative, the utility and service impacts related to construction of waste, wastewater, stormwater, and telecommunication facilities would be less than significant with the implementation MM AIR-2, MM AIR-3, MM GHG-1, MM NOI- 1, and MM TRANS-1a. The proposed plan impacts related to utility and service systems would be less than significant with mitigation (see Section 3.15, Utilities and Service Systems). The Code Compliant Alternative would have a higher level of utility and service systems impact compared to the proposed plan, but potential impacts would also be reduced to a less than significant level with mitigation. In addition, this alternative would not meet the plan objectives related to proposed park and library facilities in terms of utility and service systems, as this alternative would not provide modern municipal facilities that provide efficient delivery of services. 6.6.2 - Conclusion The Code Compliant Alternative would avoid the significant and unavoidable cultural resources impacts of the Residential Project in the proposed plan by avoiding demolition of the architecturally significant elements of the existing library complex, including the library rotunda and connected southern annex building. This alternative would, in general, exacerbate many of the identified impacts due to an increased density of development. Additionally, this alternative would result in significant and unavoidable geology and soils, as well as hazards/hazardous materials impacts by leaving the existing library facility on-site in its current state with asbestos-containing materials, lead-based paint, and noncompliance with current seismic safety codes. This alternative would advance the overall, residential, street improvement, and floodplain improvement proposed plan objectives. However, the Code Compliant Alternative would develop housing where the proposed plan would establish a new park, and would not develop a modern, state-of-the-art library, thus not advancing the library and park component objectives of the proposed plan. This alternative would realize the full potential of the property site, but would fail to achieve some key plan objectives. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-22 FirstCarbon Solutions 6.7 - Alternative 3—Partial Historic Preservation Alternative Under the Partial Historic Preservation Alternative, the proposed new park and new library as detailed under the proposed plan would be constructed and operated on the 1700 Oak Park property. All creek, floodplain, and roadway improvements, as well as construction of the pedestrian trail as described under the proposed plan’s Civic Project, would also occur. However, on the 1750 Oak Park property, architecturally significant elements of the existing library complex, including the library rotunda and connected southern annex building (Sections A and B in original building drawings totaling 30,000 to 32,985 gross square feet), would be preserved. The goal in rehabilitating these two connected sections would be to preserve the relationship between the circular library rotunda (Section A) and the angular, zigzag roofed office annex (Section B). The sharp contrasts in form and style between the two connected sections are representative of the architecturally significant “International Style” in which the library complex was designed. Other significant elements to be retained include these sections’ vitrolite paneling, aluminum framing, and windows. Once retrofitted, the buildings could be re-utilized for a residential-serving community center, available to the tenants on the site only, and would not be a resource for the community. Under this alternative, 21,840 to 24,736 gross square feet of the existing library building complex would be demolished. A total of 10 single-family residential units with two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure throughout the 1750 Oak Park property. Similar to the Residential Project, 1750 Oak Park property access would be from off of Monticello Avenue. 6.7.1 - Impact Analysis Aesthetics As part of the library building’s rehabilitation, the architecturally significant elements of the existing library complex on the 1750 Oak Park property, including the rotunda and connected southern annex building, would be preserved as a community center for the residents. There would be other changes to the plan area in terms of visual character, views, and nighttime lighting, as there would be an addition of housing and park facilities on-site that do not currently exist. Impacts would be less than significant with the incorporation of mitigation for light or glare impacts to adhere to the City’s Review Process and Standards (MM AES-4) under this alternative. The proposed plan impacts related to aesthetics would be less than significant with mitigation (see Section 3.1, Aesthetics). The Partial Historic Preservation Alternative would have a similar level of aesthetics impact compared to the proposed plan, as it would be subject to the same design review guidelines. Air Quality Less demolition would occur with this alternative and overall square footage of new construction would be less; therefore, air quality impacts from construction would be less than what was analyzed for the proposed plan. In addition, there would be less operational vehicle trips associated with this alternative, as there would be fewer dwelling units on-site. However, the same mitigation for the City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-23 reduction of criteria pollutant emissions (MM AIR-2) applied to the proposed plan could be applied to this alternative and would be expected to reduce potential impacts to less than significant. The proposed plan impacts related to air quality would be less than significant with mitigation (see Section 3.2, Air Quality). The Partial Historic Preservation Alternative would have a similar level of air quality impact compared to the proposed plan, and would be subject to the same mitigation for the reduction of criteria pollutant emissions (MM AIR-2) as the proposed plan. Biological Resources Under the Partial Historic Preservation Alternative, the creek and floodplain improvements and construction of the pedestrian trail, as described under the proposed plan’s Civic Project, would occur; in addition, similar to the proposed plan’s Civic Project, the future pedestrian trail and potential future bridge connecting the future on-site pedestrian trail to the off-site EBMUD trail would also be constructed. The Creek and floodplain improvements generally include enhanced capacity of the underground storm drain system, new bioretention basins to provide pretreatment of stormwater, and upgraded outfalls to Grayson Creek to improve conveyance and reduce potential for erosion. Because the Partial Historic Preservation Alternative would include the same improvements within the Grayson Creek Corridor, it would result in the same potential impacts to nesting birds, bats, and turtles. Thus, impacts related to biological resources would be less than significant with the incorporation of mitigation to avoid active migratory bird nests, bat roosts, and turtle dens (MM BIO-1), obtaining Clean Water Act 401 and 404 permits and a streambed alteration agreement and planting additional trees along Grayson Creek Corridor and obtaining tree removal permits (MM BIO- 2), and the implementation of tree protection treatment and guidelines during construction (MM BIO-5) under this alternative. The proposed plan impacts to biological resources would be less than significant with mitigation (see Section 3.2, Biological Resources). The Partial Historic Preservation Alternative would have a similar level of biological resources impact compared to the proposed plan. Additionally, the Partial Historic Preservation Alternative would also achieve all of the plan objectives, including those related to creek and floodplain improvements by making improvements to the Grayson Creek corridor. Cultural and Tribal Resources Under the Partial Historic Preservation Alternative, all creek, floodplain, and roadway improvements, as well as construction of the pedestrian trail as described under the proposed plan’s Civic Project, would occur. In addition, the new library would be constructed on the 1700 Oak Park property, and the proposed park would be constructed and operated on the 1700 Oak Park property. With respect to this alternative to the Residential Project, on the 1750 Oak Park property, architecturally significant elements of the existing library complex including the library rotunda and connected southern annex building (Sections A and B in original building drawings totaling 30,000 to 32,985 gross square feet) would be preserved in keeping with the Secretary of Interior’s standards for the rehabilitation of historic properties and subject to the 2016 California Historical Building Code. A total of 10 single- family residential units and two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure throughout the 1750 Oak Park property. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-24 FirstCarbon Solutions Under this alternative, development of the new residential and library buildings could result in direct archeological and tribal cultural resources impacts from construction activities including earth- moving activities, which could result in direct impacts to currently unknown archeological and tribal cultural resources impacts, but such impacts would be mitigatable by conducting construction archeological resources monitoring (MM CUL-2), and stopping construction in the event that human remains or other cultural or tribal cultural resources are encountered (MM CUL-3), similar to the proposed plan. Partial preservation and adaptive reuse of architecturally significant sections of the historic library would reduce significant and unavoidable historic impacts under the proposed plan to a less-than-significant-level. Thus, overall, the impact related to cultural resources would be less than significant with mitigation under this alternative. The impacts to cultural resources from the Residential Project in the proposed plan would be significant and unavoidable with mitigation (see Section 3.4, Cultural and Tribal Cultural Resources). The Partial Historic Preservation Alternative would result in a less than significant impact to cultural resources impact compared to the proposed plan; however, this alternative would not meet the plan objectives related to residential use in terms of cultural resources to the same degree as the proposed plan as this alternative would provide fewer housing units in a time of critical housing need in the City of Pleasant Hill and the greater Bay Area. Geology and Soils Under the Partial Historic Preservation Alternative, the new development on-site would develop less square footage than the proposed plan. A portion of the existing on-site library that would be preserved and developed into a new residential community center. As part of the rehabilitation, certain seismic safety upgrades would be implemented, but it is assumed that the upgrades would not fully comply with current building codes related to energy, seismic safety, and fire provisions (as allowed by the Secretary of the Interior’s standards). The proposed plan impacts with regard to geology and soil resources would be less than significant with mitigation (see Section 3.5, Geology and Soils). The Partial Historic Preservation Alternative would have a similar level of geology and soils impact as the proposed plan, assuming rehabilitation is completed in accordance with the Secretary of the Interior’s standards. Greenhouse Gas Emissions and Energy Less demolition would occur with this alternative and overall square footage of new construction would be less, therefore, GHG and energy impacts from construction would be less than under the proposed plan. However, there would be a change related to GHG emission generation or energy consumption, as there would be less on-site residential buildings associated operations as well as less new daily vehicle trips. The same mitigation applied to the proposed plan could be applied to this alternative and would be expected to reduce potential impacts to less than significant. The proposed plan impacts to GHG emissions and energy would be less than significant with mitigation (see Section 3.6, Greenhouse Gas Emissions and Energy). The Partial Historic Preservation Alternative would result in fewer daily vehicle trips and therefore a lower level of GHG emissions and energy impact compared to the proposed plan. In addition, this alternative would meet the plan City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-25 objectives related to park and library uses in terms of GHG emissions and energy, as this alternative would create a community-gathering place by offering a park that provides active and passive spaces and provide a new, state-of-the-art community library with interior and exterior community gathering spaces that serves the citizens of the City of Pleasant Hill and the vicinity. Hazards, Hazardous Materials, and Wildfire Less demolition would occur with this alternative and overall square footage of construction would be less. However, the partial rehabilitation of the library would include remediation of asbestos- containing materials and lead-based paint; therefore, impacts related to potential exposure to lead- based paint or asbestos-containing materials from demolition activities would be the same as the proposed plan, and the same mitigation requiring appropriate abatement would be applied. The proposed plan impacts to hazards and hazardous materials would be less than significant with mitigation (see Section 3.7, Hazards, Hazardous Materials, and Wildfire). The Partial Historic Preservation Alternative would have a similar level of hazards and hazardous materials impact compared to the proposed plan. This alternative would meet the plan objectives related to park and library uses in terms of hazards, hazardous materials, and wildfire, as this alternative would develop a new, state-of-the-art community library that meets current building codes related to current energy, safety, and fire provisions. Hydrology and Water Quality The creek and floodplain improvements including enhanced capacity of the underground storm drain system, new bioretention basins to provide pretreatment of stormwater, and upgraded outfalls in Grayson Creek to improve conveyance and reduce potential for erosion would occur. The Partial Historic Preservation Alternative would develop ten single-family residential units and two accessory dwelling units on-site that would be constructed and operated around the rehabilitated section of the existing library structure on the 1750 Oak Park property. Overall, the Partial Historic Preservation Alternative would result in a lower density of development on the site, and would hence have a decreased level of impervious surfaces on-site than is proposed under the proposed plan. The proposed plan impacts to hydrology and water quality would be less than significant with mitigation (see Section 3.8, Hydrology and Water Quality) for the Civic Project and less than significant for the Residential Project. The Partial Historic Preservation Alternative would have a slightly lower level of hydrology and water quality impacts compared to the proposed plan due to less impervious surfaces on-site; however, the same MM HYD-3 would be applied for the Civic Project (requiring a drainage plan) and would reduce potential impacts to less than significant. This alternative would meet the plan objectives related to the Civic Project in terms of stormwater runoff and drainage, as it would implement the new bioretention basins to provide pretreatment of stormwater, and upgraded outfalls to improve conveyance and reduce potential for flooding in the plan area. Land Use and Planning Under the Partial Historic Preservation Alternative, ten single-family residential units and two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure on the 1750 Oak Park property. This alternative would also develop a new City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-26 FirstCarbon Solutions library and a new park in the plan area. For this reason, the Partial Historic Preservation Alternative would be consistent with the objectives of the Pleasant Hill 2003 General Plan, Community and Development Element and Economic Strategy Element that focuses on enhancing the public facilities and services, recreation, parks, neighborhoods, and conservation and energy in a similar way as to the proposed plan. The proposed plan impacts to land use and planning would be less than significant and would meet many of the objectives of the Pleasant Hill 2003 General Plan, particularly the Community and Development Element and Economic Strategy Element (see Section 3.9, Land Use and Planning). The Partial Historic Preservation Alternative would have a similar level of land use and planning impact compared to the proposed plan. Noise Under the Partial Historic Preservation Alternative, the proposed new park and new library as well as Creek, floodplain, roadway improvements, and construction of the pedestrian trail, as detailed under the proposed plan, would be constructed and operated. Additionally, ten single-family residential units and two accessory dwelling units would be constructed and a residential-serving community center would be added to the preserved portion of the existing library structure on the 1750 Oak Park property. Less demolition would occur under this alternative and overall square footage of new construction would be less. There would be a similar level of new stationary noise sources as there would be for the proposed plan, which is expected to result in similar less than significant impacts. However, new temporary or periodic impacts of groundborne vibration and noise sources from construction activities under this alternative would occur, as a portion of the library building would be preserved under this alternative, which would represent a sensitive structure subjected to construction-related groundborne vibration impacts. Mitigation would be required to reduce potential impacts to this sensitive structure during demolition of the adjoining portions of the building. It is expected that construction noise impacts to off-site receptors would remain the same as the proposed plan and would be reduced to less than significant with implementation of mitigation. In addition, the Partial Historic Preservation Alternative is expected to have a lower level of external vehicle trip generation as compared to the proposed plan for all time periods analyzed. Therefore, this impact would be less than significant with the implementation of mitigation. The proposed plan impacts on noise would be less than significant with mitigation (see Section 3.10, Noise). The Partial Historic Preservation Alternative would have a similar level of noise impact compared to the proposed plan. In addition, with mitigation, vibration impacts associated with partial demolition of the library structure could be reduced to less than significant. This alternative also meets all of the identified plan objectives as this alternative would provide housing, a new park, new library, street improvements, and floodplain improvements on-site. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-27 Population and Housing Under the Partial Historic Preservation Alternative, ten single-family residential units and two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure on the 1750 Oak Park property. The proposed plan impacts on population and housing would be less than significant (see Section 3.11, Population and Housing). The Partial Historic Preservation Alternative would provide fewer housing units and would also have a less than significant impact in terms of population and housing. Compared to the proposed plan, this alternative would have a lesser effect on addressing the critical housing shortage in the bay area, as it would result in the construction of 24 fewer housing units. This alternative meets the identified overall residential, park, library, street, and floodplain improvements identified for the proposed plan, and would enhance multi-modal access to the new library, athletic fields, residential development, as well as to Pleasant Hill Middle School. Additionally, this alternative would add housing to the site, provide high-quality athletic fields, and provide a new state-of-the-art community library that meets current building codes. Public Services Under the Partial Historic Preservation Alternative, the proposed new park and new library as well as creek, floodplain, roadway improvements, and construction of the pedestrian trail as detailed under the proposed plan, would be constructed and operated. Additionally, a total of ten single-family residential units and two accessory dwelling units would be constructed and a residential-serving community center would be added to the preserved portion of the existing library structure on the 1750 Oak Park property. Compared to the proposed plan, there would be a slightly lower impact related to fire, police, school, or library services, as there would be fewer housing units constructed. The proposed plan impacts to public services would be less than significant with mitigation (see Section 3.12, Public Services). The Partial Historic Preservation Alternative would have a slightly lower impact on public services compared to the proposed plan, because it would provide fewer housing units requiring public services. In addition, this alternative meets the plan objectives related to park and library uses in terms of public services, as this alternative would provide a new, state-of- the-art community library with interior and exterior community gathering spaces and enhance recreation and park facilities that serve the citizens of the City of Pleasant Hill. Recreation Under the Partial Historic Preservation Alternative, the Civic Project site would be partially developed with a new library and a new park. Additionally, the proposed park at 1700 Oak Park Boulevard, including two 40,000-square-foot baseball fields, a 54,000-square-foot soccer field overlay on the athletic field grass between the two diamonds, three 720-square-foot bocce ball courts, and associated amenities would be developed under this alternative as it is proposed under the proposed plan, as well as the pedestrian pathway along the Grayson Creek Corridor. The residential population and associated demand for parks and recreational facilities would be less than the proposed plan due to a lower density (and number) of housing units on the Residential Project site. Thus, under this alternative, there would be a less than significant impact with the City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-28 FirstCarbon Solutions incorporation of mitigation measures MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a related to the construction of a recreational facility. The proposed plan recreation and parks impact would be less than significant with mitigation (see Section 3.13, Recreation). The Partial Historic Preservation Alternative would have a lesser level of recreation and parks impacts when compared to the proposed plan, due to the reduced number of housing units, but would be subject to the same mitigation as the proposed plan. In addition, this alternative meets the key plan objectives related to recreation and parks, as this alternative would enhance recreation and park facilities for City of Pleasant Hill residents; provide high-quality athletic fields to support local youth leagues and provide positive after school and out-of-school youth activities; increase field time available for sports leagues by extending useable playing time; provide opportunities for adults to improve their health and wellness through active sports opportunities; and create a community-gathering place by offering a park that provides active and passive spaces. Transportation Under the Partial Historic Preservation Alternative, the proposed new park and new library as detailed under the proposed plan would be constructed and operated, as well as ten single-family residential units and two accessory dwelling units would be constructed and operated around the rehabilitated section of the existing library structure on the 1750 Oak Park property. All Creek, floodplain, roadway improvements, and construction of the pedestrian trail would also occur. Additionally, the architecturally significant elements of the existing library complex on the 1750 Oak Park property, including the rotunda and connected southern annex building, would be preserved. The Partial Historic Preservation Alternative is expected to generate less traffic than the proposed plan during all time periods of analysis. As shown in Table 6-3, the Partial Historic Preservation Alternative would generate 460 daily trips, 13 AM peak-hour, and 48 PM peak-hour. The level of traffic is not expected to result in deficient operations at the study intersections based on the level service results determined for the proposed plan. For intersections where deficiencies are projected, this alternative would not exacerbate those deficiencies and is not expected to result in a significant impact based on level of service. The traffic associated with this alternative is not expected to increase vehicle queues for some movements where queue spillback already occurs, potentially resulting in additional vehicle queue impacts. Based on the configuration of the site, and the location of the existing library building that would be renovated, the access location to the potential new homes may be constrained, and the ultimate roadway configuration within a portion of the site may not meet City roadway standards, resulting in a potentially significant impact. A similar impact as compared to the proposed plan during the construction period is expected to occur with the Partial Historic Preservation Alternative. MM TRANS-1 includes the preparation and implementation of a construction traffic management plan, the reconstruction of a bus route with a pedestrian clear-way, mid-block pedestrian crosswalks, and the preparation of a bicycle to roadway plan prior to construction. Because this alternative would construct habitable structures, this alternative would also implement MM TRANS-4 that requires the preparation of the design for fire access road as well as a sprinkler system. Thus, under this alternative, the impact related to transportation would be less than significant with mitigation. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-29 Table 6-3: Partial Historic Preservation Alternative Trip Generation Scenario Daily Trips AM Peak-hour PM Peak-hour Partial Historic Preservation Alternative 460 13 48 Proposed Plan 950 37 125 Difference (490) (24) (77) Source: Fehr & Peers 2019. The proposed plan impacts related to transportation would be less than significant with mitigation (see Section 3.14, Transportation). The Partial Historic Preservation Alternative would have a lower level of traffic impacts compared to the proposed plan, due to the construction of fewer housing units. In addition, this alternative meets the identified plan objectives related to proposed residential uses in terms of transportation, as this alternative would provide needed housing and maximize infill development as well as provide high-quality athletic fields and modernized library facilities close to public transit. This alternative would achieve all of the objectives of the proposed plan, but, as described above, would meet the objectives of the Residential Project to a lesser degree. Utilities and Service Systems Under the Partial Historic Preservation Alternative, the proposed new park and new library as detailed under the proposed plan would be constructed and operated. All creek, floodplain, roadway improvements, and construction of the pedestrian trail would also occur. Furthermore, the utility improvements to Oak Park Boulevard and Monticello Avenue, including the undergrounding of utility lines would occur. Ten single-family residential units and two accessory dwelling units would be constructed and operated around the preserved portion of the existing library structure on the 1750 Oak Park property. The addition of housing on-site would result in a change related to water supply utility and wastewater, stormwater, and solid waste collection generation service systems, while the renovation of existing on-site civic buildings or associated City department operations would remain approximately the same, but with greater efficiency than the existing condition. The same mitigation related to construction of the proposed plan would be applied to this alternative. Under this alternative, the utility and service impacts related to construction of waste, wastewater, stormwater, and telecommunication facilities would be less than significant with the implementation MM AIR-2, MM AIR-3, MM GHG-1, MM NOI-1, and MM TRANS-1a. The proposed plan impacts related to utility and service systems would be less than significant with mitigation (see Section 3.15, Utilities and Service Systems). The Partial Historic Preservation Alternative would have a slightly lower level of utility and service systems impact compared to the proposed plan because there would be fewer housing units developed. In addition, this alternative meets the plan objectives related to library and park uses in terms of utilities and service systems, as this alternative would provide modern municipal facilities that provide efficient delivery of utility services. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-30 FirstCarbon Solutions 6.7.2 - Conclusion The Partial Historic Preservation Alternative would avoid the significant and unavoidable impact to cultural resources associated with implementation of the Residential Project. The reduction in potential impact would be achieved by avoiding demolition or removal of the architecturally significant elements of the existing library complex on the 1750 Oak Park property ( including the library rotunda and the connected southern annex building, and described in Sections A and B in the original building drawings, which total 30,000 to 32,985 gross square feet). In preserving a portion of the existing library complex, the Partial Historic Preservation Alternative would also be in keeping with the Secretary of Interior’s standards for the rehabilitation of historic properties and subject to the California Historic Building Code. This alternative would, in general, not exacerbate the majority of the identified impacts nor would it create additional significant impacts. This alternative would achieve all of the proposed plan objectives, but it would achieve the residential objectives to a lesser degree as it would not maximize housing on the 1750 Oak Park property. 6.8 - Environmentally Superior Alternative CEQA Guidelines Section 15126(e)(2) requires identification of an environmentally superior alternative. If the No Project, No Development Alternative is environmentally superior, CEQA requires selection of the “environmentally superior alternative other than the No Project, No Development Alternative” from among the proposed plan and the alternatives evaluated. To identify the environmentally superior alternative in accordance with the CEQA Guidelines, Table 6-4 presents a comparison of the impacts related to the alternatives. As shown in Table 6-4, the Partial Historic Preservation Alternative is the environmentally superior alternative, because it would avoid the significant and unavoidable impacts to cultural resources that would be caused by the construction and operation of the proposed plan’s Residential Project, and would avoid the significant and unavoidable impacts related to leaving the existing library in place under the No Project, No Development Alternative. The Partial Historic Preservation Alternative also meets all the plan objectives. Table 6-4: Summary of Alternatives’ Impacts Impact Proposed Plan Alternative 1— No Project Alternative Alternative 2— Code Compliant Alternative Alternative 3— Partial Historic Preservation Alternative Aesthetics LTSM NI LTSM (similar) LTSM (similar) Air Quality LTSM NI LTSM (similar) LTSM (similar) Biological Resources LTSM NI LTSM (similar) LTSM (similar) Cultural and Tribal Resources SUM NI LTSM (similar) LTS (lesser) Geology and Soils LTSM SU (greater) SU (greater) LTSM (similar) Greenhouse Gas Emissions and Energy LTSM NI LTSM (similar) LTSM (lesser) City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR Alternatives FirstCarbon Solutions 6-31 Table 6-4 (cont.): Summary of Alternatives’ Impacts Impact Proposed Plan Alternative 1— No Project Alternative Alternative 2— Code Compliant Alternative Alternative 3— Partial Historic Preservation Alternative Hazards, Hazardous Materials, and Wildfire LTSM SU (greater) SU (greater) LTSM (similar) Hydrology and Water Quality LTSM NI LTSM (similar) LTSM (similar) Land Use and Planning LTS NI LTS (similar) LTS (same) Noise LTSM NI LTSM (lesser) LTSM (similar) Population and Housing LTS NI LTS (lesser) LTS (similar) Public Services LTSM NI LTSM (similar) LTSM (lesser) Recreation LTSM NI LTSM (greater) LTSM (similar) Transportation LTSM NI LTSM (similar) LTSM (similar) Utilities and Service Systems LTSM NI LTSM (similar) LTSM (similar) Notes: NI= No Impact LTS = less than significant LTSM = less than significant with mitigation incorporated SU = significant and unavoidable SUM = significant and unavoidable with mitigation incorporated Source: Compiled by FCS 2019. To identify the environmentally superior alternative in accordance with the CEQA Guidelines, Table 6-5 presents a summary of whether the alternatives meet the Civic Project, and Residential Project objectives. As shown in Table 6-5, the Partial Preservation Alternative (Alternative 3) would meet all of the proposed plan objectives with the exception of the objectives associated with the Residential Project, as it would not maximize the construction of housing in light of the critical need. The No Project, No Development Alternative (Alternative 1) would meet none of the Civic Project no Residential Project objectives, while the Code Compliant Alternative (Alternative 2) would not meet the library or recreational components of the Civic Project objectives. City of Pleasant Hill—Oak Park Properties Specific Plan Alternatives Draft EIR 6-32 FirstCarbon Solutions Table 6-5: Summary of Alternatives’ Meeting of Project Objectives Objective Proposed Plan Alternative 1— No Project Alternative Alternative 2— Code Compliant Alternative Alternative 3— Partial Historic Preservation Alternative Civic Project Park Component All None None All Library Component All None None All Roadway, Trail, Creek, and Floodplain Improvements Component All None All All Residential Project All None All Some Notes: All = meets all respective identified plan objectives Some = meets some respective identified plan objectives None = meets no respective identified plan objectives Source: Compiled by FCS 2019. 6.9 - Alternatives Considered but Rejected from Further Consideration The following alternatives were also initially considered. However, for reasons discussed below, they were dismissed from further consideration. 6.9.1 - Full Historic Preservation Alternative The existing library building complex would be preserved in full in order to retain the library’s historic integrity pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR 68). However, this alternative would not achieve the Civic Project Objective to provide a state of the art library facility. 6.9.2 - Historic Structure Relocation Alternative The existing library building would be moved to another location. However, moving the existing library building off-site would not retain the library’s historic integrity pursuant to the Secretary of the Interior’s Standards for the Treatment of Historic Properties (36 CFR 68). 6.9.3 - Alternate Location(s) Alternative Within the City of Pleasant Hill and surrounding area, no alternative sites were available for the Civic Project and Residential Project that would meet project objectives. City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR List of Preparers and Contributors FirstCarbon Solutions 7-1 CHAPTER 7: LIST OF PREPARERS AND CONTRIBUTORS 7.1 - CEQA Lead Agency 7.1.1 - City of Pleasant Hill City Manager ...................................................................................................................... June Catalano Assistant City Manager .................................................................................................... Andrew Murray Planning Division Senior Planner .................................................................................................................... Troy Fujimoto City Engineer ................................................................................................................ Mario Moreno, PE Senior Civil Engineer ............................................................................... Ananthan Kanagasundaram, PE Senior Civil Engineer ................................................................................................... Deirdre Castillo, PE 7.2 - Other Agency CEQA Support Contra Costa County Principal Real Property Agent ................................................................................................. Karen Laws Development Consultant ...................................................................................................... Jim Kennedy Development Consultant .................................................................................................... Scott Stringer Principal Planner ................................................................................................................ Telma Moreira Contra Costa County Library County Librarian ......................................................................................................... Melinda Cervantes Deputy County Librarian ..................................................................................................... Alison McKee Pleasant Hill Recreation and Park District General Manager ................................................................................................................ Michelle Lacy Contra Costa County Fire Protection District Fire Prevention Captain ....................................................................................................... Tracie Dutter Media Relations Contact ........................................................................................................... Steve Hill Pleasant Hill Police Department Chief ........................................................................................................................................... Bryan Hill Lieutenant ........................................................................................................................ Scott Vermillion Contra Costa County Flood Control and Water Conservation District Division Manager .................................................................................................................... Tim Jensen Engineering Technician ....................................................................................................... Jon Suemnick City of Pleasant Hill—Oak Park Properties Specific Plan List of Preparers and Contributors Draft EIR 7-2 FirstCarbon Solutions 7.3 - Project Sponsors 7.3.1 - City of Pleasant Hill City Manager ...................................................................................................................... June Catalano Assistant City Manager ................................................................................................... Andrew Murray 7.3.2 - Contra Costa County Principal Planner ............................................................................................................... Telma Moreira Principal Real Property Agent ................................................................................................ Karen Laws Development Consultant ..................................................................................................... Jim Kennedy Development Consultant .................................................................................................... Scott Stringer 7.3.3 - Pleasant Hill Recreation and Park District General Manager ................................................................................................................ Michelle Lacy 7.3.4 - Swinerton Builders Project Executive ..................................................................................................................... John Baker Project Manager ...................................................................................................................... Stan Wong 7.4 - Consultants 7.4.1 - FirstCarbon Solutions (Environmental Impact Report) Project Director ....................................................................................................................... Mary Bean Senior Project Manager .................................................................................................... Kelsey Bennett Deputy Project Manager .......................................................................................................... Liza Baskir Senior Graphic Designer ............................................................................................................... Yiu Kam Senior Air Quality Specialist ............................................................................................ Jas on Paukovits Air Quality Specialist ....................................................................................................... Kimber Johnson Senior Biologist .................................................................................................................. Brian Mayerle Biologist .............................................................................................................................. Robert Carroll Biologist .......................................................................................................................... Joaquin Pacheco Senior Cultural Resources Specialist ................................................................................. Dana DePietro Senior Noise Specialist ................................................................................................................ Phil Ault Noise Specialist ..................................................................................................................... Eric Soycher Environmental Analyst ................................................................................................... Spencer Pignotti Editor ...................................................................................................................................... Susie Harris Word Processor .............................................................................................................. Ericka Rodriguez Graphics ....................................................................................................................... Karlee McCracken City of Pleasant Hill—Oak Park Properties Specific Plan Draft EIR List of Preparers and Contributors FirstCarbon Solutions 7-3 7.4.2 - Musco Sports Lighting (Light and Glare Analysis and Lighting Control Summary) Project Engineer ..................................................................................................................... K. Reynolds 7.4.3 - HortSciences (Arborist Report) Certified Arborist ............................................................................................................... James R. Clark 7.4.4 - Live Oak Associates, Inc. (Biological Constraints Analysis) Staff Ecologist ...................................................................................................................... Emily Moffitt 7.4.5 - Daly & Associates (Historic Resource Evaluation Report) Principal Architectural Historian ........................................................................................... Pamela Daly 7.4.6 - ENGEO, Inc. (Geotechnical Report) Principal ............................................................................................................................ Macy Tong, GE Project Engineer ...................................................................................... Bahareh Heidarzadeh, PhD, PE Staff Engineer ...................................................................................................... Spencer Waganaar, EIT 7.4.7 - ENGEO, Inc. (Phase I Environmental Site Assessment Report) Principal ........................................................................................................... Jeffrey A. Adams, PhD, PE Project Engineer .......................................................................................................... Kelsey Gerhart, PE 7.4.8 - Jonas & Associates, Inc. (Phase I Environmental Site Assessment Report) Registered Environmental Assessor .......................................................................... Romena Jonas, REA 7.4.9 - WRECO (Floodplain Evaluation Report) Senior Engineer .............................................................................................................. Joyce Cheng, PE 7.4.10 - Balance Hydrologics, Inc. (Flood Plain Evaluation Report Peer Review) Civil Engineer/Hydrologist ................................................................................... Anna Nazarov, PE, CFM 7.4.11 - Fehr & Peers (Transportation Impact Study) Principal ............................................................................................................................... Kathrin Tellez THIS PAGE INTENTIONALLY LEFT BLANK    NORTH AMERICA | EUROPE | AFRICA | AUSTRALIA | ASIA WWW.FIRSTCARBONSOLUTIONS.COM  FINAL  Environmental Impact Report  Oak Park Properties Specific Plan  Pleasant Hill, California  State Clearinghouse Number: 2018112058  Prepared for:  City of Pleasant Hill  100 Gregory Lane  Pleasant Hill, CA 94523  925.671.5224  Contact: Troy Fujimoto, Acting City Planner  Prepared by:  FirstCarbon Solutions  1350 Treat Boulevard, Suite 380  Walnut Creek, CA 94597  925.357.2562  Contacts: Mary Bean, Project Director  Liza Baskir, Project Manager  Date: January 6, 2020  FIRSTCARBON SOLUTIONS™ ~ AN ADEC INNOVAT ION THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Table of Contents      FirstCarbon Solutions iii  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec00‐01 TOC.docx  Table of Contents  Section 1: Introduction ............................................................................................................... 1‐1  Section 2: Responses to Written Comments ................................................................................ 2‐1  2.1 ‐ List of Commenters ........................................................................................................ 2‐1  2.2 ‐ Responses to Comments ................................................................................................ 2‐2  Section 3: Errata.......................................................................................................................... 3‐1  3.1 ‐ Changes in Response to Specific Comments .................................................................. 3‐1    Appendix A: Lighting Peer Review Memo (Updated December 17, 2019)      THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Introduction      FirstCarbon Solutions 1‐1  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec01‐00 Introduction.docx  SECTION 1: INTRODUCTION  In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15088, the City  of Pleasant Hill has evaluated the comments received on the Oak Park Properties Specific Plan Draft  Environmental Impact Report (EIR). The responses to the comments and errata, which are included in  this document ‐ together with the Draft EIR, the Draft EIR appendices, and the Mitigation Monitoring  and Reporting Program ‐ form the Final EIR for use by the City of Pleasant Hill in its review.  This document is organized into three sections:   Section 1—Introduction.     Section 2—Responses to Written Comments. Provides a list of the agencies, organizations,  and individuals who commented on the Draft EIR. This section also includes master responses  that are responses to similar comments made by multiple public agencies, organizations, or  individuals. Copies of all of the letters received regarding the Draft EIR and responses thereto  are included in this section.     Section 3—Errata. Includes an addendum listing refinements and clarifications on the Draft  EIR, which have been incorporated.    The Final EIR includes the following contents:   Draft EIR (provided under separate cover)     Draft EIR appendices (provided under separate cover)     Responses to Written Comments on the Draft EIR and Errata (Sections 2 and 3 of this  document)     Mitigation Monitoring and Reporting Program (provided under separate cover)    THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐1  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  SECTION 2: RESPONSES TO WRITTEN COMMENTS  2.1 ‐ List of Commenters  A list of public agencies, organizations, and individuals that provided written comments on the Draft  EIR during the public review period is presented below. Each comment has been assigned a code.  Individual comments within each communication have been numbered so comments can be cross‐ referenced with responses. Following this list, the text of the communication is reprinted and  followed by the corresponding response.  Author Author Code  Local Agencies  East Bay Municipal Utility District................................................................................................. EBMUD  Contra Costa County Flood Control & Water Conservation District ...................................... FC DISTRICT  Contra Costa County Local Agency Formation Commission ........................................................... LAFCO  Organizations  California Urban Streams Partnership .............................................................................................. CUSP  Friends of Pleasant Hill Creeks ......................................................................................................... FPHC  Friends of Pleasant Hill Creeks and Mount Diablo Audubon Society ................................. FPHC + MDAS  Pleasant Hill Instructional Garden .................................................................................................... PHIG  Individuals  Alan Bade, Letter 1 ....................................................................................................................... BADE.1  Alan Bade, Letter 2 ....................................................................................................................... BADE.2  Jim Bassett .................................................................................................................................. BASSETT  Nancy Evans ................................................................................................................................... EVANS  Nancy Garcia ................................................................................................................................. GARCIA  Wendy Gollop and Alan Bade ........................................................................................... GOLLOP_BADE  Denise Harris ................................................................................................................................ HARRIS  Leslie Kelley ................................................................................................................................... KELLEY  Giles G Miller, Letter 1 ............................................................................................................... MILLER.1  Giles G Miller, Letter 2 ............................................................................................................... MILLER.2  Dick Offerman ........................................................................................................................ OFFERMAN  Robert Pentacoff .................................................................................................................... PENTACOFF  Jack Prosek, Letter 1 ................................................................................................................. PROSEK.1  Jack Prosek, Letter 2 ................................................................................................................. PROSEK.2  Jack Prosek, Letter 3 ................................................................................................................. PROSEK.3  Jack Prosek, Letter 4 ................................................................................................................. PROSEK.4  Jack Prosek, Letter 5 ................................................................................................................. PROSEK.5  Mary Jo Pugh ................................................................................................................................... PUGH  Bany Wilson ................................................................................................................................. WILSON  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐2 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Kathleen Woulfe ......................................................................................................................... WOULFE  Karen Yapp ........................................................................................................................................ YAPP  2.2 ‐ Responses to Comments  2.2.1 ‐ Introduction  In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15088, the  City of Pleasant Hill, as the lead agency, evaluated the comments received on the Draft EIR (State  Clearinghouse No. 2018112058) for the Oak Park Properties Specific Plan, and has prepared the  following responses to the written comments received during the Draft EIR public review period.  This Response to Comments document becomes part of the Final EIR for the proposed plan in  accordance with CEQA Guidelines Section 15132.  2.2.2 ‐ Master Responses  Master responses address similar comments made by multiple public agencies, organizations, or  individuals through written comments submitted to the City of Pleasant Hill.  List of Master Responses   Master Response 1—Schedule for Construction and Use of Temporary Library   Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements   Master Response 3—Parking    Master Response 4—Lighting   Master Response 5—Lighting Impacts to Wildlife Movement    Master Response 1—Schedule for Construction and Use of Temporary Library  Summary of Relevant Comments  Several commenters expressed concern relating to the closure of the existing library before the new  library is complete, and the use of a temporary library during construction. Several commenters also  requested an evaluation of an alternative in which the existing library would remain open until the  construction of the proposed library is complete.  Response  The purpose of an Environmental Impact Report (EIR) discussion of alternatives is to identify ways to  reduce or avoid significant environmental effects. “An EIR need not consider every conceivable  alternative to a project” (California Environmental Quality Act [CEQA] Guidelines § 15126.6 (a)). As  such, the City, as lead agency, appropriately focused its environmental review on those alternatives  that can avoid or substantially lessen the proposed plan’s significant environmental effects (Public  Resources Code [PRC] § 21002; CEQA Guidelines § 15126.6(a)–(b)). Consistent with CEQA and  guiding case law, the City analyzed three alternatives that offer environmental advantages over the  proposed plan. (See, e.g., Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal. 3d 553,  566.) Although the lead agency may consider alternatives that are superior to the proposed plan  only in some respects, the City is not required to analyze alternatives that are incapable of reducing  any significant environmental impacts. (See, e.g. Citizens for E. Shore Parks v. State Lands Comm’n  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐3  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  (2011) 202 Cal. App. 4th 549, 564 [the Court found that the “EIR did not need to address the  causeway removal and buried pipeline alternative urged by plaintiffs, since it was directed at an  asserted impact not identified in the EIR.”]). Keeping the Pleasant Hill Library open until the new  library is constructed, as suggested by commenters, does not reduce or eliminate any identified  significant environmental impacts. Accordingly, because the suggested alternative may result in  increased impacts and does not reduce any identified significant environmental impacts, the City  appropriately rejects this suggested alternative from further consideration.  During the construction period, Pleasant Hill residents would continue to have access to the remaining  Contra Costa County Libraries, including the Walnut Creek Library located 2.3 miles to the south and  the Ygnacio Valley Library, located 3.1 miles to the southeast. Residents also would have access to the  Contra Costa Virtual Library, including access to digital books and reference materials. During the  approximately 18‐24 month construction period, the County would relocate some of the Pleasant Hill  Library’s collection to a temporary library space inside the Pleasant Hill Senior Center, located less than  2 miles from the project site.1 The temporary library would be open Monday to Saturday. The  availability of these libraries and digital resources would reduce the potential inconvenience related to  the temporary closure of the Pleasant Hill Library during construction.   Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements  Summary of Relevant Comments  Several commenters expressed concern relating to flooding and provided comments about the  design of the storm drainage improvements (including the use of riprap for bank stabilization).  Response  The Pleasant Hill 2003 General Plan establishes goals and implementing policies associated with  hydrology, water quality, and flooding in the City, including:   Goal 1: Minimize potential for serious flooding and drainage problems.   Policy 1A: Maintain and upgrade the city drainage system.   Policy 1B: Reduce flood damage potential in areas known to be prone to flooding.   Policy 1C: Maintain and improve the ability of the Fire District and the Police, Maintenance  and Engineering Departments to respond to flood emergencies.   Program 1.1: Continue to clear drainage systems regularly (inlets, culverts, swales, creeks, and  channels), both public and private, to remove debris buildup that can exacerbate flooding  impacts.   Program 1.2: Develop and adopt a City Master Drainage Plan.   Program 1.3: Install and maintain drainage system improvements as scheduled in the CIP.   Program 1.4: Use part of the former Oak Park Elementary School property or other sites south  of Gregory Lane, where feasible, for flood detention, or allow uses that include flood  detention features.   Program 1.5: Enforce federal regulations that control placement of structures in floodplains,  and maintain appropriate standards for development in flood‐prone and poorly drained areas.                                                               1  Melinda Cervantes. County Librarian, Contra Costa County. Personal communication in person March 12, 2019.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐4 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx   Program 1.6: Require mitigation for any development that could create or significantly worsen  flood or drainage problems.   Program 1.7: Adopt a no‐net‐fill policy or limit on impervious surface as a percentage of lot  size and require new development to not have any increase in stormwater runoff.   Program 1.8: Augment existing Geographic Information System and other data regarding low‐ lying areas with information obtained during storms.   Program 1.9: Develop a prioritized list of proposed capital improvement projects for low‐lying,  flood‐prone areas, and seek funding for those projects.   Program 1.10: Adopt standards regulating expansion or new development in the 100‐year  floodplain.   Program 1.11: Train Fire and Police personnel to a level appropriate to their positions and  responsibilities to respond to flood emergencies.    The Pleasant Hill 2003 General Plan identifies policies and programs, such as Policy 1B and Programs  1.2, 1.3, and 1.9 for the funding and implementation of improvements to the City’s storm drainage  system as part of the City’s Capital Improvement Program (CIP). In accordance with the City’s  General Plan policies, the City adopted Resolution 37‐18, the Fiscal Year (FY) 2018‐2023 Capital  Improvement Plan (FY 2018‐2023 CIP) after the voters approved Measure K. The FY 2018‐2023 CIP  provides for the installation of new storm drain facilities or the upgrade of existing storm drain  facilities to address locations of poor drainage or areas in the City with localized flooding problems.2  The Civic Project would also be required to implement a Storm Water Pollution Prevention Plan  (SWPPP) as part of its Construction General Permit. The SWPPP is designed to ensure that erosion,  siltation, and flooding are prevented or minimized to the maximum extent feasible during  construction through the implementation of standard Best Management Practices (BMPs).  In addition to compliance with these existing policies and programs, the Draft EIR includes Mitigation  Measure (MM) HYD‐3, which requires the Civic Project and the Residential Project each prepare a  Final Drainage Plan to address run off and the potential for flooding. The Final Drainage Plan would  include a discussion of design information for bioretention basins included as part of the Civic  Project that would include capacity, sizes of inlet and outlet structures, routing, and other pertinent  information. The Hydrology and Hydraulics Report and the Stormwater Control Plan for both the  proposed library and athletic fields are currently under review by the applicable regulatory agencies.  The bioretention ponds and oversized storm drain pipes would treat and provide hydromodification  to accommodate the increased runoff from the plan area. The design methodology will assure the  post development peak flow runoff is less than or equal to the pre‐project level.  Civic Project  The Civic Project includes the creation of expanded storm drain capacity along Oak Park Boulevard to  convey stormwater that currently sheet flows across the Civic Project site, as well as the creation of  appropriately sized bioretention basins capable of holding runoff during storm events to prevent any  exacerbation of flooding on‐ or off‐site in accordance with the City’s CIP and General Plan.3 In                                                               2  City of Pleasant Hill. 2018. FY 2018‐2023 Capital Improvement Plan, page 35. June. Website: http://ca‐ pleasanthill3.civicplus.com/DocumentCenter/View/1092/CIP‐2018‐23?bidId=. Accessed October 18, 2019.   3  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.18‐26 to 3.18‐ 32. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐5  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  addition to improving existing drainage conditions on the Civic Project site, the Civic Project includes  implementation of the stormwater system improvements goals/objectives in the CIP to address  existing flooding conditions within the plan area and in the surrounding area.   If there were a storm event that produced stormwater overflow, the overflow would be stored  within the new athletic fields. The Final Drainage Plan would incorporate design recommendations  of the Floodplain Evaluation Report to ensure that sufficient stormwater retention capacity is  provided.  With respect to the use of riprap as part of the Grayson Creek Outfall Project in accordance with MM  BIO‐2a, City Staff is preparing a flow analysis and bank stability analysis as suggested by the Regional  Water Quality Control Board (RWQCB). Per MM BIO‐2a, which requires the City to obtain a 401 Water  Quality Certification from the RWQCB, City Staff will validate the flow velocities in the creek for all  three outfalls based on the use of the United States Army Corps of Engineers (USACE) HEC‐RAS models,  in order to set the basis for design and the minimum impact area for slope protection measures. City  Staff will incorporate the recommendations of the USACE Stability Thresholds for Stream Restoration  Materials4 as appropriate, including the use of less rock protection. Other protection methods,  including bioengineered options to stabilize the creek banks and bed, and other reviewing criteria and  recommendations identified in the USACE Report will be vetted with the USACE, California Department  of Fish and Wildlife (CDFW), and RWQCB staff prior to final design and implementation.  Residential Project  The Residential Project would be constructed above the 100‐year base flood elevation and its  development would actually represent a net decrease in impervious surfaces, which would improve  water absorption and reduce run‐off. The Residential Project would also include bioretention basins  that would be capable of holding runoff during storm events and prevent any exacerbation of  flooding on‐ or off‐site in accordance with the City’s CIP and General Plan policies. Accordingly, the  Residential Project is designed to ensure that an increase in runoff would not exceed the storm  drainage capacity or redirect flood flows. As discussed in Chapter 3.8 of the Draft EIR, impacts from  the Residential Project would be less than significant and no mitigation is required.   Master Response 3—Parking  Summary of Relevant Comments  Several commenters expressed concern relating to lack of parking during construction of the new  library while the temporary library is open as well as adequacy of parking during operation of the  Civic Project.  Response  Parking at Senior Center during Construction   As discussed in the Draft EIR, the Recreation and Park District will be responsible for monitoring  parking demand during construction and will work with the City and County to modify activities  and/or programming to accommodate demand in accordance with MM TRANS‐1a. The use of the  Senior Center as a temporary library space provides a convenient and close (less than 2 miles from                                                               4  United States Army Corps of Engineers (USACE). 2001. Stability Thresholds for Stream Restoration Materials. May.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐6 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  the project site) alternative location during construction. The Senior Center currently contains  buildings and rooms that are available during the hours of operation for use as a temporary library  that would be able to accommodate temporary library uses in conjunction with existing Senior  Center operations. Utilization of this space makes appropriate use of existing available resources and  space. With implementation of MM TRANS‐1a, the Recreation and Park District would be  responsible for monitoring parking and modifying programs and hours to ensure parking is adequate  at senior and teen centers when temporary library uses occupy both sites; thus, impacts are  considered less than significant.   Evaluation of Parking during Operation  To analyze parking during operation of the Civic Project, parking occupancy counts were conducted  on a Saturday at 10:00 a.m. and 12:00 p.m. on a day with tournaments at the sports park and on a  typical weekday at 2:00 p.m. and 6:00 p.m. Results of the parking surveys indicated that while some  parking areas sometimes operate at or near capacity, overall there is sufficient parking capacity  within the park such that spillover to adjacent neighborhood streets would be minimal.   A total of 165 parking spaces are proposed to support the use of both the proposed library and  athletic fields. Based on the results of the parking surveys conducted by Fehr and Peers as part of  the Transportation Impact Assessment (TIA), there is some surplus parking available in existing  parking lots serving the sports fields and on Monticello Avenue north of Santa Barbara Road, and  parking demand spillover to nearby residential streets is not expected. The TIA acknowledges it  could become more difficult for existing park users to find parking. As part of the TIA and as  discussed under Impact TRANS‐1 in the Draft EIR,5 preparation of a shared parking agreement  between the City and the Recreation and Park District was recommended such that parking could be  shared between the uses to make efficient use of the parking resource. Should a potential parking  shortage be identified at the shared parking lot, a parking management plan to better accommodate  both uses may be developed by the City and Recreation and Park District.   Master Response 4—Lighting  Summary of Relevant Comments  Several commenters expressed concern about lighting and the impacts of the ball field lighting on  the surrounding residents. Commenters requested copies of the photometric plans.   Response  The Municipal Code does not include any regulations related to ball field lighting.   Section 18.55.140.B.36 of the City’s Municipal Code applies specifically to lighting emanating from  outdoor parking lots. Specifically, Section 18.55.140.B.3 establishes standards for review of parking  lot lighting via a photometric plan and provides, in relevant part, the following standard:                                                               5  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.14‐61  to 3.14‐63. August.  6  City of Pleasant Hill. 2019. City of Pleasant Hill Ordinance Code, Title 18: Planning and Land Use. Website:  https://www.codepublishing.com/CA/PleasantHill/. Accessed: October 25, 2019.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐7  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  18.55.140 Parking area screening, lighting and landscaping.  B. Lighting. Outdoor parking lot lighting shall be designed, installed and maintained to  prevent nighttime sky light pollution and use energy efficiently by lighting only those  areas or objects necessary for safety and security. All outdoor parking lot lighting shall  conform to the following:  3.  Maximum illumination adjacent to any residential property line or R district  boundary line shall not exceed 0.2 foot‐candles as measured in the vertical plane at  the property line to a height equal to the height of the light source.   4. The maximum light intensity on a nonresidential site, except automobile,  vehicle/equipment sales lots and automobile service stations, shall not exceed 10  foot‐candles, when measured at finished grade.    In preparing the Draft EIR, the City’s independent environmental consultant, FirstCarbon Solutions  (FCS) and its subconsultant, Lindsley Architectural Lighting, evaluated the lighting plans and  photometric plans for the proposed parking lots.   Following review of the design plan and photometric plans, Lindsley Architectural Lighting worked  directly with each design team to refine or substitute lighting, where needed, to achieve compliance  with City requirements. As summarized in the Lighting Peer Review Memo (updated December 17,  2019), and as shown in the photometric plans (included as Appendix A), this coordination and  subsequent adjustments on the part of each design team ensures that the proposed lighting would  be in compliance with Municipal Code Section 18.55.140.B.3. Specifically, the adjustments made to  the lighting plans ensure that the proposed parking lot lighting would not result in illumination of  more than 0.2 foot‐candles at the residential property boundary along the eastern bank of Grayson  Creek; that the maximum illumination of parking lot lighting along the proposed residential district  boundary line would be at or below 0.2 foot‐candles, and that the maximum light intensity would  not exceed 10 foot‐candles, when measured at finished grade.   Although not technically required by the Municipal Code, Lindsley Architectural Lighting also  reviewed lighting plans for the other components of the Specific Plan, including specifications and  details for the lighting proposed at the library and the ball fields. As shown in the photometric plans  included in Appendix A, the lighting would not result in illumination of more than 0.2 foot‐candles at  the residential property boundary along the eastern bank of Grayson Creek. Additionally, the  ballfield lighting would be shut off at 10 p.m. which precludes intrusion during the more sensitive  night‐time hours.   Additionally, the proposed new LED street lighting along Oak Park Boulevard is designed to provide  both vehicle safety lighting and pedestrian level lighting on a single pole. The City has used the same  street light fixture, bulb intensity, and similar pole spacing on similar roadways over the past five  years, and the lighting combination has provided adequate street light coverage to meet the needs  of night time traffic and pedestrian safety. The light fixture also has a shielding and dimmer feature  to prevent unintended stray lighting from reaching the nearby residential properties to the south of  the plan area.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐8 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  While the implementation of the Specific Plan would represent a change in the nightscape, it would  not result in a significant adverse environmental impact pursuant to CEQA. If needed, adjustments  will be made to the angle of the lighting for the ball fields after installation (prior to occupancy or 30  days after installation, whichever occurs first).   Several commenters also expressed concern with respect to the level of artificial light at night (ALAN)  compared to the existing baseline. The City does not have a threshold for identifying potentially  significant environmental impacts associated with ALAN, nor do the City’s lighting standards include  thresholds for lumens, candela, direction, color or wave length. As described above, the City  evaluated the proposed parking lot lighting for compliance with Section 18.55.140.B.3 of the  Municipal Code. As shown in the photometric plans included in Appendix A, the lighting for the Civic  Project would not exceed the City’s standards.   The Residential Project would develop uses with light impacts typical of single‐family homes, such as  exterior landscape lighting and light from windows. The Residential Project would be required to  comply with Pleasant Hill Municipal Code Section 18.55.140, which provides standards for parking  lot lighting, and Municipal Code Section 18.60.050, which provides standards for signs. Compliance  with these requirements would reduce potential impacts and ensure the Residential Project is  consistent with existing regulations. Therefore, impacts related to light associated with the  Residential Project would be less than significant.7  Master Response 5—Lighting Impacts to Wildlife Movement  Response  Several commenters expressed concern about the potential impacts of lighting on Grayson Creek,  especially with respect to wildlife movement within the creek.  Given that the wildlife in this urban environment has been exposed to light at night (e.g. light from  residences, street lighting, and car lights), the wildlife is habituated to lighting at night, and as  discussed below, neither the Civic Project nor the Residential Project would result in a significant  increase in the amount of lighting at night. In addition, as noted in the Project Descriptions, the  operation of exterior lighting for the ball fields and the library would observe a 10:00 p.m. cut‐off;  therefore, implementation of the Civic Project would not result in a significant impact to nocturnal  wildlife movement.   As discussed in Master Response 4—Lighting, light trespass from the ball field lighting would not  exceed 0.2 foot‐candles at the residential property boundary along the eastern bank of Grayson  Creek (see Lighting Peer Review Memo in Appendix A). Coupled with the Habitat Mitigation  Monitoring and Reporting Plan, which includes planting of native species along the Grayson Creek  Corridor as part of MM BIO‐2 and would promote wildlife movement,8 direct or indirect nighttime  lighting impacts to wildlife movement within the Grayson Creek Corridor would be less than  significant level. In addition, development associated with the Civic Project would be setback more                                                               7  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐37. August.  8  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐3 and  3.3‐34. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐9  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  than 10 feet from the Creek and would exceed the City’s setback requirements (Ordinance  18.50.150). Accordingly, the Draft EIR concluded that nighttime lighting impacts on wildlife would be  less than significant.   The Residential Project would be located approximately 600 feet or more from Grayson Creek and  the distance from the corridor and interviewing development would preclude the potential for  disturbance related to wildlife movement.9 Therefore, nighttime lighting associated with the  proposed plan would not have a significant impact on wildlife within the Creek.   2.2.3 ‐ Comment Letters and Responses  The comment letters reproduced in the following pages follow the same organization as used in the  List of Authors.                                                                 9  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐37. August.  THIS PAGE INTENTIONALLY LEFT BLANK EBMUD Page 1 of 16 1 2 ~C, EASTBAY <._f..> MUNICIPAL UTILITY DISTRICT October 7 , 2019 Troy Fuj i moto, Acting City Planner Ci ty of Pleasant Hill Public Works & Community Development Department 100 Gregory Lane Pleasant Hill, CA 94523 Re : Notice of Intent to Adopt a Draft Environmental Impact Rep011 -Oak Park Properties Specific Plan, Pleasant Hill Dear Mr. Fujimoto: East Bay Municipal Util i ty District (EBMUD) appreciates the opportw1ity to comment on the Draft Environmental Impact Report (EIR) for the Oak Park Properties Specific Plan located in the City of Pleasant Ilill. The Oak Park Properties Specific Pl an is located outside ofEBMUD 's Ultimate Service Boundary, and EBMUD would not be the water provider for the project. EB MUD commented on the otice of Preparation of a Draft EIR for the project on December 11 ,2018. E B IUD's original comments still apply ; in addition, EBMU D has further comments on the Draft EJR. All EBMUD comments have been integrated into the comments below . AQUEDUCT RIGHT-OF-WAY The Oak Park Properties Specific Plan is located adjacent to EBMU O s Mokelumne Aqueducts (Aqueduct) right-of-way (owned in fee). Any projects being planned"' ithin or immediately adjacent to EBMUD property will need to follow EBMUD s Policy 7.0 1 - Aqueduct and Distribution Pipeline Rights-of-Way Maintenance; Procedure 718 -Raw Water Aqueduct Right-of-Way on-Aqueduct Uses ; and Procedure 718 Supplement - Requirements for Enh·y or Use of Mokelumnc, Lafayette and Moraga Aqueducts and Raw Water Pipeline Rights-of-Way. A copy of all three docwnents is enclosed for your reference. Design drawings for any project encroachment (roadway, utility facility , etc.) or restoration projects crossing or within the Aqueduct right-of-way will need to be ubmitted to EBMUD for review of possible drainage , site grading, fencing , construction access , and other conditions that may impact EBMUD property . EBMUD requires a foll set of drawings (full size or 11 " x 17') as well as an electronic copy in PDF format. All submittals shall be sent to the attention of Vincent H . Pon, P .E ., Superintendent of Aqueduct Section , 1804 West Main Street Stockton, CJ\ 95203. Additional information 375 ELEVENTH STREET • OAKLAND . CA 9'1607-4740 , TOLL FREE 1-S66-40-f8MUO EBMUD Page 2 of 16 2 CONT 3 4 5 Troy Fujimoto, Acting City Planner October 7, 2019 Page2 and an encroachment package arc included in EBMUD 's Procedure 718 and Procedure 718 Supplement. Applications for non-EBMUD uses will not be processed unless accompanied by the appropriate application fees outlined in the current applicable Water and Wastewater System Schedule of Rates and Charges and Fees. Contractors must secure an encroachment permit from the EBMUD Aqueduct Section prior to mobilizing and starting construction work. A pre-construction meeting with EBMUD is mandatory . Specific items of interest to ERM UD noted in the Oak Park Properties Specific Plan include the design and location of the tlu-ee replacement drainage outfalls to the creek ; irrigation on the Aqueduct side oftl1e creek; and any plantings on the Aqueduct side of the creek. The Oak Park Properties Specific Plan may involve the construction of a retaining wall and fence along the prope1iy line; these must be constructed completely outside of EDMUD properly , including all footings. The project sponsor shall contact EBMUD s Survey Section to coordinate identifying, locating and marking correct property lines . Lastly any potential future pedestrian bridge and bridge foundation design would be subject to the same policies, procedures , requirements, and concerns as described abo\'c. GENERAL On page 3 .8-1, under Hydrology and Water Quality, Introduction please change the text to reflect (added text in bold italics) ... "East Bay Municipal Utility District (EBMUD) requests that: EBMUD Policy 7.01 proeed:1u·e 701 is followed-., with respect to site assessment for drainage, grading, fencing , and construction access; EBMUD Policy 7.01 and Procedure 718 (including EBMUD's Procedure 718 Supplement) are requiretl to he followed for any and all construction activities related to the potential future pedestrian bridge." If you have any questions concerning this response , please contact Timothy R. McGowan Senior Civil Engineer, Major Facilities Planning Section at (510) 287-1981. Sincerely, 1/o.rew v1/2 .1.~\/~-"- David J. Rehnstrom Manager of Water Distribution Plruming DJR:DWG:sjp sb 19 189 Ci ty of Pleasant I !ill Oak Park Properties Spe cifi c Pl an Enclosures : EBMUD 's Policy 7.01 -Aqueduct and Distribution Pipeline Rights-of-Way Maintenance; EBMlJD 's Procedure 718 -Raw Water Aqueduct Right-of-Way Non -Aqueduct Uses· EBMUD s Procedure 718 Supplement -Requirements for Entry or Use of Mokelumnc, Lafayette, and Moraga Aqueducts and Raw Water Pipeline Rights-of-Way EBMUD Page 3 of 16 Troy Fujimoto, Acting City Planner October 7, 2019 Page 3 cc: Contra Costa County Department or Conservation and DeYelopment 30 Muir Road Martinez, CA 94553 Pleasant Ilill Recreation & Park District District Administration Office 147 Gregory Lam: Pleasant Hill, CA 94523 FirstCarbon Solutions 1350 Treat Boulevard, Suite 380 Walnut Creek, CA 94597 EBMUD Page 4 of 16 6 <B Policy 7.01 EBMUO AQUEDUCT AND DISTRIBUTION PIPELINE RIGHTS-OF-WAY MAINTENANCE EFFECTIVE SUPERSEDES 24 SEP 19 24 NOV 15 IT IS THE POLICY OF EAST BAY MUNICIPAL UTILITY DISTRICT TO: Maintain the integrity of the raw water aqueducts and the distribution pipeline rights -of-way (fee- owned and easement established) in order to ensure : • Safety and reliability of water supply , and the rights and obligations of the District; • Protection against fire ; • Protection against erosion ; • Protection against trespassing by individuals or unauthorized encroachment ; and • Fast recovery from emergencies . Rights-of-Way Use Restrictions Raw Water Aqueduct Integrity Protect against trespassing by use of control measures such as gates across rights-of-way to ensure both operational requirements and the rights of other property owners are met. With prior District approval , allow use of the rights -of-way for public tra il purposes by public agencies prov ided such use will lessen maintenance work performed by the District with due regard for District liability, safety of pipelines , and maintenance of access roads. Where possible , secure relinquishment of surface rights from their present owners in exchange for other rights requested by those owners where such exchanges are in the best interests of the District. Allow the use of Dis t rict aqueduct rights-of-way by others only under the terms of a written agreement. Prohibit uses incompatible with the District's property rights , operation and maintenance of the aqueducts and distribution pipelines , or that potentially impact the District's assets . These prohibitions generally include but are not limited to : • Use of District aqueduct or distribution pipe line properties by others as a condition to meet city/county zoning requirements or to obtain any land use permit , approval , or entitlement affecting properties not owned by the District. • Third party building or portions of buildings constructed on aqueduct or distribution pipeline property . • Unauthorized non -District vehicular parking by others over aqueducts or distribution pipelines . • Interference with gravity drainage of District aqueduct or distribution pipel ine property . Drainage facilit ies shall be provided outs ide District property to assure adequate drainage is maintained . Plan for and implement the repair , refurbishment , and replacement of the aqueducts including a secure Delta tunnel. EBMUD Page 5 of 16 6 CONT Aqueduct and Distribution Pipeline Rights - of-Way Maintenance NUMBER PAGE NO .: 7.01 2 24 SEP 19 Authority References EFFECTIVE DATE : Ensure that all uses of aqueduct rights-of-way accommodate future construction of replacement aqueducts, additional aqueducts, and potential improvements to the aqueducts. Ensure construction from any proposed third party project that passes under, over, or through a fee -owned or easement established aqueduct right -of-way is evaluated in detail for potential impacts, and mitigations are identified and imp lemented to the level of no significant impact. Resolution No . 14,620, January 26 , 1951 As amended by Resolution No . 33027-02 , September 24, 2002 As amended by Resolution No. 33443-04, September 28, 2004 As amended by Resolution No . 33564 -06 , November 14, 2006 As amended by Resolution No. 33780 -10, September 14, 20 10 As amended by Resolution No . 33871-12 , Ap ril 24, 2012 As amended by Resolution No . 34059-15 , November 24 , 2015 As amended by Resolution No. 35156 -19, September 24, 2019 Po licy 9.06 -Bay-Delta Protection Procedure 718 -Raw Water Aqueduct Right-o f -Way Non-Aqueduct Uses EBMUD Page 6 of 16 6 CONT <B Procedure 718 EBMUD RAW WATER AQUEDUCT RIGHT-OF-WAY NON-AQUEDUCT USES EFFECTIVE SUPERSEDES LEAD DEPARTMENT 25 MAY 17 21 AUG 15 O&M PURPOSE -To establish procedures and criteria for review and authorization of overhead , surface and sub- surface use of District-owned property containing raw water aqueducts and raw water pipelines for purposes other than in stallation , maintenance, and operation of District raw water aqueducts . Forms Used A utho rity a nd Res ponsib ility L-14 K-47 N-15 N-17 Limited Land Use Permit Work Request Agreement Certificate of Public Liability Insurance Certificate of Workers' Compensation Insurance Application for Use of EBMUD Property or Request for Information General Fund Receipts for Miscellaneous Payments Use, development, and control of fee-owned rights-of-way for District and non-District uses must be consistent with water supply operation and security and the rights and obligations of the District. District and non-District uses of District-owned aqueduct rights-of-way may be permitted when they conform to Policy 7.01 , Aqueduct Integrity and Rights-of-Way Ma int enance. • No use of District aqueduct properties by others will be permitted as a condition to meet city/county zoning requirements or to obtain any land use permit, approval , or entitlement affecting properties not owned by the District. • No use of District properties by others will be permitted except under terms of a written agreement. • Use of raw water aqueduct rights-of-way for District purposes shall have the concurrence of the Aqueduct Section Superintendent. • Use of aqueduct rights -of-w ay for District treated water lines shall inc lude all appli cable aqueduct protections required for similar third-party utility water line crossings . • The decision whether to authorize any party other than the District to use District- owned property containing raw water aqueducts and raw water pipelines for any non-D istrict purpose is a legislative act undertaken in the sole discretion of District staff. No notice or hearing is required to consider an application for use of such property , and staff's decision is not subject to appea l. For all raw water aqueducts and pipelines, acceptable long-term uses of the rights-of- way inc lude but are not limited to : utility cross in gs , road crossings , limited agriculture , equestrian and pedestrian trails , parks , oil and gas leases, and District-owned ground water wells . Acceptable, long-term uses of rights -of-way and easements for future raw water aqueducts will be evaluated upon facility completion . Such uses will be authorized by letter, limited land use permits, revocable licenses, leases or easements , as appropriate. All approved uses will conform to the requirements and limitations described in Requirements for Entry or Use of Mokelumne, Lafayette , and Moraga Aqueducts and Raw Water Pipe line Rights-of-Way (Requ irements for Entry or Use) (Supplement No.1 to Procedure 718) and all other conditions as specified in the written approval , permit or easement for each individual use . The Water Supply Div ision is responsible for monitoring permitted uses and detect ing and preventing unauthorized uses of raw water aqueduct rights-of-way . The Office of General Counsel and the Manager of Real Estate Services will be consu lted when an unauthorized use r will not voluntarily desist. EBMUD Page 7 of 16 6 CONT Raw Water Aqueduct Right-of-Way Non -Aqueduct Us es NUMBER : 718 Inquiries and Applications for Use Types of Permit License or Easement PAGE NO.: 2 EFFECTIVE DATE : 25 MAY 17 The Water Supply Division is responsible for coordinating the development of recommendations with respect to the terms and cond itions to be stipulated when a District or non-District use of a raw water aqueduct right-of-way is to be permitted . The Director of Engineering and Const ruction shall be consulted when needed to supply location analysis or to determine what structural , grading, drainage, co rros ion protection or other engineering measures are required and to obtain estimates of eng ineering , design and inspection costs. For all raw water aqueducts and pipelines , applications and inqu iries for use of raw water aqueduct rights-of-way shall be processed by the Water Supply Division. App lications for non-District uses will not be processed unless accompan ied by the appropriate application fees outlined in the current applicable Water and Wastewater System Schedule of Rates and Charges and Fees. The Wat er Supply Division is respons ible for : • Prov iding requirements for use of the District's raw water aqueduct rights-of-way to applicants and to other District departments requesting use of the right-of-way. See Supplement No . 1, Requirements for Entry or Use. • Checking for completeness to ensure compliance with the requirements for entry or use of raw water aqueduct rights-of-way contained in Requirements for Entry or Use plus any other cond itions appl icable to the proposed use . • Collecting engineering, plan review and construction inspection costs and documentation of insurance coverage , if necessary. • Monitoring existing encroachments and inspect ion of the construction of new approved encroachments. • Prov iding information to the Engineering and Construction Department for technical input regarding additional perm it requirements or special restrictions that may be applicable (in addition to those outlined in Supplement No . 1, attached) and for urxJate of District raw water aqueduct right-of-way drawings . • Collecting application fees and charges associated with the preparation and execution of revocable licenses. • Assuring proper environmental documentation . Real Estate Services is responsible for : • Advising the Manager of Water Supply Division, or designee , of any real estate matters which relate to a specific proposed use . • Collecting application fees and charges , preparing and executing limited land use permits, leases, easements, and all other property-related agreements (except for revocable licenses and temporary entry permits) and recommending fees and charges appropriate to the property use allowed, and for securing payment. See the current applicable Water and Wastewater System Schedule of Rates and Charges and Fees. • Mainta ining records relating to rights-of-way crossings and use , and provid ing information to the Survey Section and Engineering Services Divis ion for the urxJate of Dist rict raw water aqueduct right -of-way drawings. The Manager of Water Supply Division shall keep available the forms listing the general requirements set forth in Requirements for Entry or Use for each of the following : EBMUD Page 8 of 16 6 CONT Raw Water Aqueduct Right-of-Way Non -Aqueduct Us es NUMBER : 718 Processing Applications PAGE NO.: 3 EFFECTIVE DATE : 25 MAY 17 Temporary Entry/Temporary Construction Permit For temporary access to raw water aqueduct right-of-way such as for surveying , potholing , construction , for temporary access via the District's right-of-way to property adjacent to the right -of-way, and other similar short-term situations. Revocable License and Revocable Landscape License For pipelines , sewers, storm drains, overhead and underground cables , public trails , landscaping and other crossings or lateral encroachments. Limited Land Use Permit Provides for agricultural or other surface use of the right-of-way for a period not to exceed one year (vehicular parking is prohibit ed). These permits are renewable annually if inspection reveals satisfactory conformance to conditions of permit. Easement For streets , highways , large pipelines, canals and railroads , and other permanent publicly owned encroachments. Easements are officially recorded with the county having jurisdiction . The fee or consideration will be significant and based on the value of the property being encumbered . The Manager of Water Supply Division shall request review of any proposed revisions to applica t ion forms and lists of requirements f rom t he Engineering and Construction Department, Real Estate Services Division, Office of General Counsel , and the District's Pipe Committee . Temporary Entry Permits The Manager of Water Supply Division, or designee, may issue temporary entry permits including standard and temporary conditions rela t ing to the use . The Manager of Real Estate Services and the Office of General Counsel will be consulted regarding unusual circumstances . Revocable Licenses The Water Supply Division , if warranted , sha ll conduct a field investigation to determine requi rements for aqueduct protection and, in consultation with the Design Division or the Pipe line In f rastructure Division, will set forth the engineering and operating requirements . The Manager of Water Supply Division shall then specify any and a ll requirements , including special conditions to the applicant , discuss the terms and conditions of the license agreement as well as any processing, design and inspection costs and license fee . T he Manager of Water Supply Division may then enter i nto a standard license agreement with relevant special conditions on behalf of the District. The Manager of Real Est ate Services and the Office of General Counsel shall be consulted regarding any unusual circumstances. Copi es of all revocable licenses issued by the Water Supply Division shall be provided to the Manager of Real Estate Services. EBMUD Page 9 of 16 6 CONT Raw Water Aqueduct Right-of-Way Non-Aqueduct Uses NUMBER : 718 PAGE NO.: 4 EFFECTIVE DATE : 25 MAY 17 Limited Land Use Permits The Manager of Water Supply Division , or designee, shall convey the District's requirements to the applicant and investigate to determine any special conditions . Real Estate SeNices shall prepare the Limited Land Use Permit (Form L-14) in duplicate, including special conditions or stipulations , accompanied by a District- prepared location sketch that will refer to aqueduct stationing and other appropriate location identifiers, including adjacent aqueduct structures. Engineering and Construction shall prepare the District-prepared location sketch. After payment of the stipulated consideration determined by Real Estate SeNices , the Manager of Water Supply Division shall review and execute the permit. These copies are then returned to the Manager of Real Estate Services, together with any stipulated consideration . Forty-five days before expiration of a Limited Land Use Permit, the Manager of Real Estate SeNices shall notify the Manager of Water Supply Division , who shall investigate the permittee's operations. If renewal of the permit is recommended , the permit will be renewed by letter from the Manager of Real Estate Services. Leases and Easements The Manager of Water Supply Division shall conduct a field investigation to determine requirements for aqueduct protection and, in consultation with the Design Division or Pipeline Infrastructure Division, if necessary, will set forth the eng i neering and operating requirements . If structural or corrosion protective facilities are required, the Manager of Water Supply Divis ion , or designee, shall request the Manager of Design Division or Pipeline Infrastructure Division to proceed with the required design or plan reviews . (During design, the designer will communicate with the applicant 's engineer.) Upon completion of design , the plans will be delivered to the applicant via the Manager of Water Supply Division , who will arrange for inspection as required . The Manager of Real Estate SeNices shall discuss with the applicant the terms of the agreement and the amount of the consideration, including any processing, design , and inspection costs. Real Estate Services shall obtain an appraisal and engineering estimates, if necessary. Upon agreement with the applicant, the Manager of Real Estate Services , shall draft, for review and approval by the Water Supply Division and Office of General Counsel , an agreement granting the applicant the property in terest under the terms and for the consideration as approved. Real Estate Services shall assure that evidence of insurance is provided , if required . The lease or easement shall be submitted to the District 's Board of Directors for approval , if required by Procedure 108. Two copies of the lea se or easement shall be sent to the applicant with instructions to sign and return the copies, together with the cons ideration, to the Manager of Real Estate Services. Easements shall be recorded and the applicant shall provide the Manager of Real Estate SeNices with the recording data . EBMUD Page 10 of 16 6 CONT Raw Water Aqueduct Right-of-Way Non -Aqueduct Us es NUMBER : 718 Approvals Terminations Terms and Conditions Reco rds PAGE NO.: 5 EFFECTIVE DATE : 25 MAY 17 District uses of the raw water aqueduct right-of-way shall be confirmed in writing listing any special conditions which may apply to the proposed use to the requesting District departments by the Manager of Water Supply Division . Any third-party use of the District 's aqueduct property may be terminated in the District 's sole discretion , so long as the termination is authorized by and done in a manner compliant with the terms and conditions of the permit, license, or lease that governs the use. If the Water Supply Division terminates any permit or license , the Manager of Real Estate Services and the Design Division shall be so notified by memo. The final determination of generally applicable terms and conditions appropriate for District uses of aqueduct properties rests with the Director of Operations and Maintenance. A specific third party applicant for use of aqueduct property may be required , as a condition of approval of the application, to comply with the generally applicable terms and condi t ions , or with different or addit ional terms and condi t ions that are determined to be in the District's best interest. The decision to approve or deny an application , and the selection of terms and conditions of any approval , shall rest with the Director of Operations and Maintenance or his or her designee. There is no right to an administrative appeal or hearing , and the decision of the Director or designee is final. The Manager of Real Estate Services shall maintain a file containing copies of all documents relating to right-of-way crossings or uses and is responsib le for the assignment of right-of-way crossing numbe rs to approved documents. T he Engineering Services Division of the E ngineering and Construction Department shall maintain working sets of right -of-way prints for each District raw water aqueduct right-of-way. These prints shall be updated following : 1 . Grant of Revocable License or Easement. Notice to be supp lied by the Manager of Real Estate Services. 2 . Completion of crossing construction covered by license or easement. Notice, including "as built" location data , to be supplied by the applicant to the Water Supply Division for transmittal to the Engineering and Construction Department. This notice wi ll be routed through the Engineering and Construction Department, as necessary, then to the Manager of Real Estate Services. Afte r right-of-way t racings are revised , new prints will be released to those having sets. 3 . Termination of any raw water aqueduct right-of-way use . Notice to be supplied by t he Manager of Real Estate Services. Revised p rints shall be released following all right-of-way drawing revisions . EBMUD Page 11 of 16 6 CONT Raw Water Aqueduct Right-of-Way Non -Aqueduct Us es NUMBER : 718 PAGE NO.: 6 EFFECTIVE DATE : 25 MAY 17 Requirements and Requirements for use of raw water aqueduct right-of-way and fees for the processing of Fees applicat ions and documents related to such uses are i ncluded in the documents Requirements for Entry or Use and Fees and Documentation Charges , Use of Aqueduct Rights-of-Way by Others, respect ively (see the current applicable Water and Wastewater System Schedule of Rates and Charges and Fees). The Manager of Water Supply Division is responsible for periodic review and updating of Requ irements for Entry or Use. The Manager of Real Estate Services is responsible for rev iew and updating of Fees and Documentation Charges, Use of Aqueduct Rights -of-Way by others. References Po licy 7.01 -Aqueduct Integrity and Rights-of-Way Maintenance Procedure 108 -Real Estate Transactions Procedure 436 -Miscellaneous Accounts Receivable and Cash Receipts Requirements for Entry or Use of Mokelumne , Lafayette, and Moraga Aqueduct and Raw Water Pipeline Rights-of-Way (attached) Water and Wastewater System Schedule of Rates and Charges and Fees Schedule of Rates and Charges to Customers of the East Bay Munic ipal Utility District -Real Property Use Application Fees -Resolution 33046-97 EBMUD Page 12 of 16 <B EBMUD REQUIREMENTS FOR ENTRY OR USE OF MOKELUMNE, LAFAYETTE, AND MORAGA AQUEDUCTS and RAW WATER PIPELINE RIGHTS-OF-WAY SUPPLEMENT NO. 1 TO PROCEDURE 718 East Bay Municipal Utility District EBMUD Page 13 of 16 6 CONT Su p pl e men t No . 1 to Proc edu re 718 Page 1 1 . Reque sts for encroachment rights or for other uses of the District's ra w wa ter aqueduct and pipel ine properties shall be directed to t he Manager of Water Supply Div ision , 1804 West Main Street, Stockton, Ca lifornia 95203 . Property uses shall on ly be permitted subject to appropriate written permit , license , easement, or lease agreement. 2 . Requests for property uses shall be in w riting and accompan ied by a completed applicat ion , application fees , plan and profile drawi ngs of the area and work involved . District aqueduct stationing and adjacent above -ground structures must be shown . Applicant's horizontal and vertical control must be correlated to the District 's . Drawings and maps shall be ANSI D size (22x34 inch) or ANSI 8 size (11x17 inch) and must a lso be provided in electron ic . pdf format. Application must include complete insurance documentation . 3 . The applicant must agree to indemnify and hold harmless the District from any loss , claim , or liability which may arise by reason of applicant 's use of District property and may be requ ired to provide insurance coverage . 4. All requests for uses of District property must be consistent with requ irements and lim itations set forth by Procedure 718 and w ill be reviewed and approved on a case-by-case basis. 5 . District land and facilities shall be restored to a condition as good as that which existed before applicant 's entry on the right-of-w ay . 6 . Applicant's use of property shall not increase Distr ict costs or interfere w ith District access, operations, maintenance, or repa ir of its fac ilities . 7 . The applicant must pay the District the appra ised value of the easement or lease , if appropriate , for the rights granted to the applicant. Appropriate env ironmenta l documentation must be completed in accordance with the California Environmental Quality Act before the rights can be granted. The District may require the applicant to prepare the documentat ion at its expense before the application wi l l be considered for approval. The District may re ly on any ex isting environmental documentation for the applicant 's proj ect if the District determines that the ex isting documentation is legally compl iant and adequately describes and analyzes the impacts of the applicant's proposed use of District property. 8 . For any District-approved encroachment, the applicant must pay the District for any of the following measures, as needed : a . Design of structural protective measures b . Des ign of fences or other structures c. Corrosion control protect ive measures d . District engineering , plan revie w, and inspect ion of activities e . Environmental documentation f. Appl ication , permit or license fees . 9 . The plan for the execut ion of the work must be approved by the District. 10 . The type and w eight of equipment w orking over the aqueduct must be approved by the District. 11 . The use of vibratory compaction equipment is prohibited on the aqueduct right-of-way unless otherwise approved by EBMUD . Allowable compaction effort , allowable equipment, and maximum depth of each lift of f ill shall be subject to District review and approval before start of construction . 12 . A minimum of 48 hours notice must be given to the District before work commences. To contact the District by telephone , call the Aqueduct Section 's Stockton Office at (209) 946 -8000 . 13. A preconstruction meeting is required prior to start of work . EBMUD Page 14 of 16 6 CONT Su p pl e ment No. 1 to Proc edu re 718 Page 2 14. No building or portions of buildings shall be constructed on the property. No other types of structures shall be constructed unless specific approval is given by the District. 15. No longitudinal encroachments such as dra inage ditches ; gas, phone, or electrical lines ; pipelines , or roads will be permitted . All property line fences (including foot ings) must be located completely outside the aqueduct property li nes. 16 . No pile driving will be allowed within 100 feet of the aqueducts. 17. Ra i lroad , freeway and highway crossings of the aqueduct right-of-way shall be on permanent bridges with a min imum vertical clearance of 14 feet 6 inches be tween the finished ground surface and the underside of the bridge. Crossings on grade w i ll be over structurally-encased aqueducts with a sleeve for a fourth aqueduct. 18. street and road cross ings constructed on grade sha l l incorporate protection of the aqueducts. Protective measures will be designed by the D istrict or by appl icant 's licensed engineer to D istrict standards w ith specific Distr ict approval of each design. 19. Existing aqueduct protective measures such as concrete slabs shall not be cut , penetrated , or otherw ise disturbed . If a protective measure is cut , penetrated , or d isturbed , it shall be replaced with a new protective measure, designed by a District engineer or applicant's licensed engineer to District standards with specific Distr ict approval of design. 20. Traffic control fences or approved barriers shall be installed along each side of the street, road or tra il before opening to the publ ic. 21. Temporary construction fences and barricades shall be installed by contractor as directed by the District. 22. No geotechnical exploration such as dri lling or boring shall be allowed on an Aqueduct right -of- way. 23. Any changes in finished grade must be approved by the Aqueduct Section. Earthfills or cuts on adjacent property shall not encroach onto District property except where author ized for vehicular crossings on grade and where the District determines that there will be no detrimental effect on the aqueducts or their maintenance . 24. Crossings shall be perpendicular to the aqueducts and on a constant grade across District property. 25 . Sanitary sewers, water lines , petroleum product lines, or other lines cross ing above the aqueducts must be encased in a steel , polyv i nyl chloride (PVC}, or reinforced concrete pipe conduit or be imbedded in reinforced concrete with a minimum vert ical clearance of two (2) feet between the casing/embedment and the top of District aqueducts. The casing shall extend the entire width of the aqueduct right-of-way . 2 6 . All pipel ines crossing below the aqueducts must be encased in a stee l or re inforced concrete conduit and provide a minimum of three (3) feet of clearance between the casing and the bottom of the District aqueducts. 27. Trenchless construction methods such as horizontal directional drilling or jack-and-bore between the top of the aqueducts and the bottom of the protective structure (slab) are prohibited . 28 . On pressurized pipe crossings, shutoff valves shall be provided outside and adjacent to both sides of District property . EBMUD Page 15 of 16 6 CONT Su p pl e ment No. 1 to Proc edu re 718 Page 3 29. At the point of crossing, steel pipeline crossings and steel casings shall incorporate electrolysis test leads, bond leads, and leads necessary for interference testing . Corrosion control devices, when required, must be approved by the District. 3 0 . Cathodic protection for steel encasements must be installed as follows : • Provide a dielectric coating to the exterior surface of the steel casing w ithin the District's right-of-way , 16 mil epoxy or equivalent. • Provide galvanic protection to the portion of the steel casing within the District's right-of-way in accordance with the National Association of Corrosion Engineers RP-01-69. • If the carrier pipe is constructed of ductile iron or steel , provide electrical isolation between the carrier and casing using casing insulators ; redwood skids are not permitted. • Provide test results to the District demonstrating the adequacy of the cathodic protection system, and the adequacy of the electrical isolation of the carrier (if meta ll ic) from the casing. The District reserves the right to witness any such tests. 31 . Gravity drainage of District property shall be maintained. Open channels constructed across the right-of-way shall be paved with reinforced concrete. Headwalls, inlets, and other appurtenances shall be located outside District property. Drainage facilities shall be provided outside the District's property at the top and/or toe of fill slopes or cuts constructed adjacent to District property to assure adequate drainage. 32. Overhead electrical power conductors across the property shall be a minimum of 30 feet above ground. Communication and cable TV crossings shall be a minimum of 20 feet above the ground. Supporting poles or towers shall be located outside the aqueduct right-of-way. 33. Buried electrical cables passing over the aqueducts shall be installed in PVC conduit and encased in red concrete across the entire width of the right-of-way. In some cases , PVC-coated steel conduit with a red concrete cap may be substituted. All other buried cables shall be installed in conduits and marked in the appropriate Underground Service Alert (USA) colored marking materials and with surface signs installed at 4-foot intervals that include the utility name, type, and emergency contact information across the entire width of the aqueduct right-of-way. The minimum vertical clearance between the conduit and the top of the District's aqueducts is two (2) feet. 3 4 . Electrical or telecommunications cables passing under the aqueducts shall be encased in conduit and marked at both edges of the aqueduct right-of-way with the appropriate USA color coded markers. The minimum vertical clearance between the conduit and the bottom of the District's aqueducts is three (3) feet. For directional bored conduits the minimum vertical clearance is five (5) feet. 35. Vehicular parking and storage of equipment or material on aqueduct property are specifically prohibited . 3 6 . Extraction of oil and gas from aqueduct properties may be permitted under appropriate lease agreements. 37 . All District suNey monuments and markers shall be undisturbed . If any District survey markers or monuments must be disturbed , they will be replaced or relocated by the District at applicant 's expense prior to the start of any ground disturbing work. 38 . All aqueduct crossings involving mechanical excavation on the right-of-way require potholing of all aqueducts at the site of the proposed crossing . Visible reference markings showing the aqueduct alignments and depths to top of pipe shall be maintained for the duration of any EBMUD Page 16 of 16 6 CONT Supplement No. 1 to Procedure 718 Page 4 mechanical excavation on District property. Excavations within two (2) feet of aqueducts shall be made by hand . Entry permits are required for pothole work. 39. All grading or excavating of the right-of-way requires USA notification and the maintenance of a current inquiry identification number. 40 . Certified six-sack mix is the minimum acceptable concrete batch to be used on the aqueduct right-of-way . Concret e compression strength shall be 3 ,000 per squa re inch (PS I) o r better at 28 days. If samples do not reach 3,000 PSI at 28 days, the entire section of slab or encasement re lated to that sample must be removed and rep laced at applicant's expense . 4 1 . Each truckload of concrete to be placed on the aqueduct right-of-way may be sampled by the District. No water may be added to the mix after sampling. 42 . Maximum allowable s lump is three inches . All concrete exceeding three inches will be rejected and cannot be used on the aqueduct right-of-way. 43 . No traffic will be allowed over protective slabs until 3 ,000 PS I is reached. 44 . Al l work areas shall be inspected by the District for final approval. As-built drawing submittals are requi red for District approval. 45 . No work is allowed on weekends or District-recognized holidays un less otherwise authorized in the requi red pe rmit. City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐27  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Local Agencies  East Bay Municipal Utility District (EBMUD)  Response to EBMUD‐1  The EBMUD provides introductory statements. The comments are noted and no further response is  required.  Response to EBMUD‐2  The comment identifies the required EBMUD policies that would be applicable to the Civic Project if  any work would be done within or adjacent to EBMUD property in the aqueduct right‐of‐way. The  comment is noted and no further response is required.   Response to EBMUD‐3  The EBMUD expressed interest regarding the design and location of three replacement drainage  outfalls to Grayson Creek and irrigation and landscaping on the EBMUD aqueduct side of Grayson  Creek. The EBMUD requested that the construction of retaining walls and fencing along the Civic  Project property line be located outside of EBMUD property. In addition, the comment requests that  the Civic Project sponsor contact EBMUD Survey Section in order to identify correct property lines.  The City will coordinate with EBMUD to identify and mark property lines prior to initiation of  construction activities.  Response to EBMUD‐4  The EBMUD requests that any future pedestrian bridge or bridge foundation design crossing Grayson  Creek be subject to the same policies and requirements as described in the comment letter. The  comment is noted; the City will coordinate with the EBMUD when and if construction of the  potential pedestrian bridge is funded.   Response to EBMUD‐5  This comment requests that the EIR include added text. This comment has been noted and the  changes are included in Section 3: Errata. No further response is required.   Response to EBMUD‐6  This comment includes the attachments referenced in comment EBMUD‐2, including Policy 7.01,  Procedure 718, and Supplement 1 to Procedure 718. The comment is noted and no further response  is required.     THIS PAGE INTENTIONALLY LEFT BLANK FC DISTRICT PAGE 1 of 2 1 2 3 , ~ I Contra Costa County ~ Flood Control Troy Fujimoto Planning Division City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 October 15, 2019 Brian M. Balbas, ex officio Chief Engineer Allison Knapp, Deputy C hi ef Engineer RE: DEIR for the Oak Park Properties Specific Plan Our File: 3046-06 149 -230-005, -008, 149-271-014 Dear Mr. Fujimoto: We have reviewed the Draft Environmental Impact Report (DEIR) for the Oak Park Specific Plan (APN 149-230-005, 149-230-008, and 149 -271-014) for the City of Pleasant Hill (City). We received the request on September 3, 2019, and have the following comments: 1. The CEQA document should discuss the adverse impacts of the runoff from the project site to the existing drainage facilities and drainage problems in the adjacent and downstream areas of the project area that are within a Special Flood Hazard Area. The adjacent area east and the area immediately downstream of the project as far north as Gregory Lane are identified as Zone AE hazard areas. 2. Appendix H of the DEIR, Floodplain Evaluation, discusses using the recreational fields in addition to bioretention basins as storage for stormwater runoff from significant storm events. The applicant's Final Drainage Plan, as required by Mitigation Measure HYD-3, should include a discussion of the basin design information (i.e., capacity, sizes of inlet and outlet structures, routing, etc.) and the City should require the applicant to mitigate peak flows to pre-project levels. 3. Section 3.15 of the DEIR, Utilities and Service Systems, states on page 3.15-19: "Stormwater production was calculated and compared with City of Pleasant Hill stormwater facility treatment capacity to determine whether stormwater collection requirements would be exceeded." As a mitigation measure, we recommend that the developer submit hydrology and hydraulic calculations to the City that prove the adequacy of the in-tract drainage system and the downstream drainage system . We defer review of the local drainage to the City, but recommend that the applicant's hydrology and hydraulic calculations compare the project's stormwater production to the capacities used in the design of Drainage Area 46 (DA 46) facilities. The FC District is available to provide technical review under our Fee- for-Service program. ''Accredited by the American Public Works Association" 255 Glacier Drive • Martinez, C4 94553 TEL: (925) 313-2000 • FAX: (925) 313-2333 www.cccpublicworks.org 4 5 6 7 8 FC DISTRICT PAGE 2 of 2Troy Fujimoto October 15, 2019 Page 2 of 2 4. The CEQA document should address the impacts of this project's runoff due to the increase in duration (length of time) of flows and the effect on creeks and channels downstream of the project. Whereas detention basins are capable of mitigating peak flows to pre- project levels, they increase the duration (length of time) of flows in the downstream watercourses, which saturate the channel banks and increase the potential for stream and channel erosion. 5. Section 3.3 of the DEIR, Biological Resources, states that vegetated riprap, locally harvested willows, and native seed mixes will be used to prevent channel erosion within Grayson Creek. We recommend that any added vegetation be modeled for hydrological impacts within Grayson Creek, and we recommend the use of orthotropic vegetation to avoid the obstruction of stormwater flow within the creek. 6. We recommend the CEQA document discuss a perpetual funding source for maintenance of the new drainage facilities, including the bioretention basins and recreational fields on Contra Costa County (County) property, required to serve the project area. 7 . The CEQA document should note that future developments in this area will be subject to a drainage fee in accordance with Flood Control Ordinance Number 2002-43 for DA 46. By ordinance, all building permits or subdivision maps filed in this area are subject to the provisions of the drainage fee ordinance. Effective January 1, 2019, the current fee in these two drainage areas is $0.82 per square foot of newly created impervious surface. The City should collect the fees during the development process prior to the issuance of building permits or the recordation of the final maps. 8. The FC District should be included in the review of all drainage facilities that have a region - wide benefit, that impact region-wide facilities, or that impact FC District-owned facilities. The FC District is available to provide technical assistance during the development of the DEIR, including hydrology and hydraulic information and our HYDRO6 method, under our Fee-for-Service program. We appreciate the opportunity to comment on the DEIR and welcome continued coordination. If you should have any questions, please contact me by phone at (925) 313-2348 or by e-mail at Joe.Smithonic@pw.cccounty.us . JS :cw Joe Smithonic Engineering Staff Contra Costa County Flood Control & Water Conservation District G:\fidctl\C urDev\C mES\Pl easa nt Hill \3 046 -0 6\149-27 1-0 14, 142-230-005 Oak Pa rk-Mo ntice ll o Project\2 019-10 15 -Commen t Letter, DE I R -Oa k Park Prope rti es Sp ecific Plan.d ocx c: Mi chelle Cordi s, Fl ood Cont rol Ter i E. Ri e, Fl ood Contro l City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐31  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Contra Costa County Flood Control & Water Conservation District (FC DISTRICT)  Response to FC DISTRICT‐1  The Flood Control District requests that the Draft EIR discuss the adverse impacts of the runoff from  the plan area to the existing drainage facilities and drainage problems in the adjacent downstream  areas that are within a Special Flood Hazard Area. Exhibit 3.8‐1 in the Draft EIR depicts the areas  surrounding the plan area that are within Federal Emergency Management Agency (FEMA) Special  Flood Hazard Areas. The substantial modifications included as part of the Civic Project would improve  the conveyance capacity for stormwater, thereby addressing flooding that is currently experienced  across the Civic Project site and in the plan area during storm events. The improvements would retain  the existing drainage pattern while creating appropriate area to store stormwater overflow, such as the  athletic fields and bioretention areas adjacent to Grayson Creek. Furthermore, water depths at the  proposed athletic fields would be designed to accommodate the floodplain stormwater storage  volume that would be displaced by the proposed library development, in accordance with the  recommendations of the Floodplain Evaluation Report.10 Therefore, the areas surrounding the project  site that are currently within a Special Flood Hazard Area would not experience additional flooding as a  result of the implementation of the proposed plan.  Response to FC DISTRICT‐2  The Flood Control District notes that the Final Drainage Plan, as required by MM HYD‐3, should  include a discussion of the basin design information (capacity, sizes of inlet and outlet structures,  routing, and other pertinent information) and notes that the City should require the applicant to  mitigate peak flows to pre‐project levels.   The comment is noted. The Final Drainage Plan would include a discussion of design information for  bioretention basins included as part of the Civic Project that would include capacity, sizes of inlet and  outlet structures, routing, and other pertinent information. As already noted in the Floodplain  Evaluation Report (Appendix H of the Draft EIR), the implementation of the proposed plan would  result in a reduction in off‐site flow during storm events, as a result of planned improvements to the  underground drainage system as well as proposed overflow areas. Please refer to Master Response  2—Hydrology, Flooding, and Storm Drainage Improvements for additional information.   Response to FC DISTRICT‐3  The Flood Control District requests that the project sponsors submit hydrology and hydraulic  calculations to the City as mitigation and recommends the project sponsors’ hydrology and hydraulic  calculations compare the proposed plan’s stormwater production to the capacities used in the  design of Drainage Area (DA) 46 facilities.   An analysis of the proposed plan’s potential impact on hydrology and water quality is provided in the  Draft EIR in Section 3.8, Hydrology and Water Quality. Furthermore, the project sponsor for the Civic  Project will prepare a Hydrology and Hydraulics Analysis for both the athletic fields and the library.  As a condition of approval, City engineering staff will review and approve the Hydrology and  Hydraulics Analysis. The Flood Control District’s request does not address any potentially significant                                                               10  WRECO. 2019. Floodplain Evaluation Report. August.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐32 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  impacts and is not necessary to bring impacts to below a level of significance; therefore, the City  rejects the suggested mitigation measure.   Response to FC DISTRICT‐4  The Flood Control District requests that the Draft EIR address the impacts of the proposed plan’s  runoff due to the increase in length of time of the flows and the effect on downstream creeks and  channels. The overall design approach is to convey runoff and overflow to the proposed athletic  fields. The drainage design was based on studies, including modeling for the 100‐year storm event,  which determined the storage volume necessary to ensure that post‐construction downstream  conditions would be similar to the pre‐construction downstream conditions and therefore minimize  impacts to the surrounding community. Based on outputs from hydraulic analyses performed for the  Civic Project, the duration of the 100‐year flow exceeding the base flow will not change as a result of  this proposed plan. A Revised Floodplain Evaluation Report will be submitted as the design work  nears completion and will provide comparison of the hydrographs downstream of the plan area,  which would show potential changes to the duration of the high flow and changes to the peak flows  at the key downstream locations such as street crossings.   Response to FC DISTRICT‐5  The Flood Control District recommends any vegetation added to prevent channel erosion within  Grayson Creek be modeled for hydrological impacts within Grayson Creek and also recommends the  use of orthotropic vegetation to avoid the obstruction of stormwater flow within the creek. Please  refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements, which  confirms that the City is studying alternate methods of slope protection at the outfalls in accordance  with recommendations of the USACE Stability Thresholds for Stream Restoration Materials, including  the use of less rock protection.   Response to FC DISTRICT‐6  The Flood Control District recommends that the Draft EIR include a discussion of the perpetual  funding source for maintenance of the new drainage facilities required to serve the plan area.   The drainage facilities located within the Oak Park Specific Plan area will be subject to applicable City  standards and requirements. The Recreation and Park District is responsible for the maintenance of  the proposed parks and recreational fields on the Recreation and Park District portion of the Civic  Project. The comment does not contain any substantive comments or questions about the  environmental analysis or conclusions contained in the Draft EIR. No further response is required.   Response to FC DISTRICT‐7  The Flood Control District recommends that the Draft EIR note that future developments in Drainage  Area (DA) 46 will be subject to a drainage fee in accordance with Flood Control Ordinance Number  2002‐43 for DA 46.   The following description of the fees required for DA 46 will be included in the Final EIR as part of  the errata:  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐33  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Page 3.8‐34  Hydrology  Cumulative impacts related to hydrology and water quality typically occur within a  defined watershed. All properties on the cumulative projects listed in Chapter 3,  Environmental Impact Analysis, Table 3‐1, Cumulative Projects, are located within  the Walnut Creek Watershed which eventually drains into Suisun Bay and ultimately  into the Pacific Ocean. All cumulative projects, including the Residential Project and  Civic Project, would be required to comply with the CCCWP and Pleasant Hill 2003  General Plan policies, which prevent a project from increasing off‐site surface water  flow from existing conditions and ensure that projects adhere to BMPs during  construction to prevent pollutants from being carried off‐site. In addition, future  developments within Drainage Area 46 (including the cumulative projects) would be  subject to a drainage fee in accordance with Flood Control Ordinance Number 2002‐ 43 for DA 46. All building permits or subdivision maps filed in this area are subject to  Flood Control Ordinance Number 2002‐43. Effective January 1, 2019, the current fee  in this drainage area is $0.82 per square foot of newly created impervious surface.  The City should collect the fees during the development process prior to the  issuance of building permits or the recordation of the final maps. These fees would  contribute to funding the maintenance of drainage facilities within Drainage Area  46. The combination of these policies and BMPs would prevent significant  cumulative impacts to hydrology. Thus, there would be a less than significant  cumulative impact related to hydrology.     Response to FC DISTRICT‐8  The Flood Control District notes that it should be included in the review of all drainage facilities that  have region‐wide benefit, that impact region‐wide facilities, or that impact Flood Control District‐ owned facilities. The new drainage facilities are not region‐wide facilities and would not require  review by the Flood Control District.     THIS PAGE INTENTIONALLY LEFT BLANK From: Lou Ann Texeira [mailto:LouAnn.Texeira@lafco.cccounty.us] Sent: Tuesday, September 24, 2019 11:43 AM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Cc: Lauren Talbott <Lauren.Talbott@lafco.cccounty.us> Subject: Notice of Availability - Draft EIR - Oak Park Properties Specific Plan Hi Troy, Hope you are doing well. Thank you for sending Contra Costa LAFCO the “Notice of Availability of the Draft EIR - Oak Park Properties Specific Plan.” The Specific Plan includes two projects – the Civic Project (library, park, parking, improvements to Grayson Creek Corridor) and the Residential Project (34 single-family dwelling units, seven accessory dwelling units, pocket park, parking lot, trees and landscaping). The EIR references the 2010 Contra Costa LAFCO Parks & Recreation and Cemetery Services Municipal Services Review and notes that the project will help meet the City’s parks and recreation service demands. As well, the project will add to the City’s housing stock and help address the housing shortage in the Bay Area. In reviewing the project it appears that all subject parcels are within the City of Pleasant Hill’s sphere of influence and service boundary, and also within the Central Contra Costa Sanitary District, Contra Costa County Fire Protection District, and Contra Costa Water District service boundaries. Thus, it appears that no LAFCO action is needed. Thanks again for notifying Contra Costa LAFCO of this project. Lou Ann Texeira, Executive Officer Contra Costa LAFCO LAFCO Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐37  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Contra Costa Local Agency Formation Commission (LAFCO)  Response to LAFCO‐1  The Contra Costa LAFCo describes the proposed plan, determines the proposed plan would improve  housing availability, and states that the plan area is located within the Sphere of Influence of the City  of Pleasant Hill. The Contra Costa LAFCo concludes that no LAFCo action is needed. The comment is  noted and no further response is required.    THIS PAGE INTENTIONALLY LEFT BLANK 1 Attention:Troy Fujimoto tfujimoto@pleasanthillca.org Draft Environmental Impact Report Oak Park Properties Specific Plan Pleasant Hill, Ca. Clearing House # 20181120 October 14, 2019 City of Pleasant Hill: The California Urban streams Partnership is an organization which has been concerned with the creeks in Contra Costa County since 1982. We are writing to comment on the Draft Environmental Impact Report for the Pleasant Hill Civic Project contained in the Oak Park Specific Plan . The project is described in the DEIR as impacting Grayson Creek. Stormwater regulatory requirements typically require a zero increase in stormwater water contributions from large urban developments such as this. Therefore the addition of larger outfalls conflicts with this requirement and needs justification. The project calls for placing larger outfalls to the creek and anticipates erosive flows requiring vegetated riprap along over 200 feet of channel . No quantitative analysis is provided to evaluate as to whether the larger outfalls and channel riprap are needed A reference is made to bio retention but the expected stormwater discharges and capacities of bio-retention needed are left undescribed. Are larger outfalls required after bio-retention is installed? Combined riprap- soil bioengineering systems are typically not required and soil bioengineering alone should be used to stabilize the channel. CUSP urges the City to consider a self-mitigating project alternative which leaves the creek in an environmentally enhanced state. State regulatory agencies frequently do not approve of, nor provide mitigation credit for the unsupported use of riprap even if some vegetation is used. We urge the City to use the shear stress table provided in the attached U.S. Army Corps of Engineers stream channel stability report to select the use of erosion control fabric combined with vegetated systems . Strong erosion control fabric such as the COIR products can be used in combination with soil bioengineering plant systems such as brush matting and willow posts. This should provide the streambank stability the city needs for the probable shear stresses CUSP Page 1 of 12 1 2 CAllFOR IA URBAN STREAMS PARTNERSHIP 2 acting on the stream channel. We suggest that covering the 200 feet with coir fabric first and then adding the brush matting and posts through the fabric is a more rigorous stabilization approach. Ann Riley PhD. 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Schiffsbau  LQ*HUPDQ  6SUDJXH&-  ³*UHHQHQJLQHHULQJ 'HVLJQSULQFLSOHVDQGDSSOLFDWLRQVXVLQJUROOHG HURVLRQFRQWUROSURGXFWV´CE News Online GRZQORDGHGIURP KWWSZZZFHQHZVFRPHGHFSKWPO 7HPSOH'0  ³7UDFWLYHIRUFHGHVLJQRI YHJHWDWHGFKDQQHOVTransactions of the ASAE  7;'27  ³)LHOG3HUIRUPDQFH7HVWLQJRI 6HOHFWHG(URVLRQ&RQWURO3URGXFWV´7;'27 77,+\GUDXOLFVDQG(URVLRQ&RQWURO/DERUDWRU\ %U\DQ7; 86$&(75(/ CUSP Page 12 of 12 3 CONT City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐51  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Organizations  California Urban Streams Partnership (CUSP)  Response to CUSP‐1  The organization asks if larger outfalls are required after bioretention is installed and if so to provide  justification for their use of channel riprap.   The upgrades proposed as part of the Civic Project include replacement of the existing failing  outfalls; there is no plan to increase the diameter of any of the outfalls.   Furthermore, field observations by staff have determined that scour is prevalent at all three existing  outfall locations, especially along the western bank and the immediate vicinity of the creek bed.  Existing corrugated metal pipes (36‐inch and 15‐inch corrugated metal pipes) have degraded and  exceeded their useful life at two of the three locations, with the third location (the 8‐inch clay pipe)  showing signs of stress and longitudinal fractures.   Regarding the use of riprap, please see the Response to CUSP‐2 below.   Response to CUSP‐2  The organization recommends the City use bioengineering alone and does not recommend the use  of riprap to provide streambank stability. The organization requests that the City consult the sheer  stress table provided in the USACE Stability Thresholds for Stream Restoration Material to select the  use of erosion control fabric combined with vegetated systems. They also suggest that covering the  creek channel with coir fabric and then add brush matting and posts though the fabric because that  is a more rigorous stabilization approach.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements, which  confirms that the City is refining the drainage system to incorporate recommendations of the USACE  Stability Thresholds for Stream Restoration Materials, as appropriate, including the use of less rock  protection. The planned refinements to the drainage system would not alter any conclusions of the  Draft EIR regarding storm drainage or the function and values within Grayson Creek. The proposed  Civic Project and Residential Project are self‐mitigating and offset the projects’ impacts to a less than  significant level.  Response to CUSP‐3  This comment includes the attachments referenced in comment CUSP‐2 and does not require a  response.    THIS PAGE INTENTIONALLY LEFT BLANK 25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization  October 15, 2019 Troy Fujimoto, Acting City Planner Via Email: tfujimoto@pleasanthillca.org City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 RE: Oak Park Properties Specific Plan (Project)—Draft Environmental Impact Report (DEIR) Dear Mr. Fujimoto: Friends of Pleasant Hill Creeks (FPHC) respectfully submits the following comments on the DEIR for the above referenced Project. FPHC is a nonprofit organization of Pleasant Hill residents who care about our creeks. Since 2017, more than 100 community volunteers have participated in creek cleanups, wildlife surveys, water quality monitoring, and educational outreach focused on Grayson Creek. Focus of Our Review • Grayson Creek Riparian and Wildlife Corridor: The primary focus of our review is the impacts of the proposed Project on the Grayson Creek riparian and wildlife corridor. Grayson Creek, which flows across the Project site, is a sensitive habitat that our members have been working to protect and restore in partnership with other local community organizations. Notably, Grayson Creek at Oak Park Blvd. has been recognized as an eBird public hotspot1 with 70 species of birds documented over 24 months by a field survey conducted by FPHC and Mt. Diablo Audubon Society.2 Species documented on or near the site include 66 species of native and migratory birds and 5 species of raptors, all of which are “special-status” species protected by the Migratory Bird Treaty Act and California law. The raptor species observed are: Northern Harrier; Sharp-shinned Hawk; Cooper’s Hawk; Red Shouldered Hawk; and American Kestrel. River otters have also been reported at the site. The presence of these species confirms the significance of Grayson Creek as a corridor for native and migratory wildlife. • New Library and Residences: As residents of Pleasant Hill and supporters of the new Pleasant Hill Library, our members are also concerned about the potential impacts of certain Project components on the operation of the new library, on existing residences surrounding the Project, and on planned residences on Monticello. Project Components of Significant Concern: While we welcome and support many Project components—such as the new library and park, expansion of the riparian buffer, and installation of a creekside trail—we have significant concerns about the following Project components. 1. Installation of 40-70 foot floodlights for adult ball games operating until 10 pm next to light- and noise-sensitive receptors including Grayson Creek, the new library, and residences. 2. Unspecified increase in volume and rate of stormwater runoff (including polluted runoff) into Grayson Creek. 3. Alterations to Grayson Creek’s stream bed, banks, and channel, including installation of riprap.  1 Cornell Lab of Ornithology, eBird, “Grayson Creek (Oak Park Blvd),” https://ebird.org/hotspot/L9110333. 2 Letter, dated October 15, 2019, from FPHC and Mt. Diablo Audubon Society submitting avian species data (“FPHC/MDAS Letter”). FPHC Page 1 of 14 1 2 3 4 5 6 Friends of Pleasant Hill Creeks   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 2 Summary of DEIR Review Based on our review, the DEIR is incomplete, inaccurate, and inadequate in its description of several major Project components, in its description of the Project’s environmental setting, and in its analysis of the Project’s potential adverse environmental impacts. As described in detail on Attachment A: • The description of the Project is incomplete, inaccurate, and inadequate; •The description of the existing environmental setting is incomplete, inaccurate, and inadequate; • The analyses of potential environmental impacts on aesthetics, biological resources, hydrology and water quality, and noise are incomplete, inaccurate, and inadequate; and • The DEIR fails to analyze multiple significant environmental issues and concerns raised in the scoping process. For these reasons, the conclusion of no significant environmental impacts from the Project is unsubstantiated due to the lack of a complete, accurate, and adequate Project description, existing environmental setting description, and environmental impact analysis. Unless the DEIR is revised and recirculated for further review or the Project is redesigned to remove/modify/mitigate the Project components that would cause significant adverse environmental impacts, certification of the EIR and/or approval of the Project would violate the requirements of the California Environmental Quality Act. Our comments are offered in the spirit of ensuring the circulation of all relevant information for the public and decision-makers to review, strengthening the environmental analysis necessary to improve project design or identify necessary mitigation measures, and maximizing the benefits of this Project for people and wildlife in our community. We look forward to working with the community to support nature- oriented educational and recreational opportunities centered on the new Library and Park, such as creek walks, naturalist programs, and interpretative signage. All attachments and information provided or cited in footnotes to this letter are incorporated herein by reference. Thank you for your consideration of our comments. Sincerely, Heather Rosmarin Co-Founder, Friends of Pleasant Hill Creeks pleasanthillcreeks@gmail.com Enc. cc: Pleasant Hill City Council Pleasant Hill Recreation and Parks District Contra Costa County Department of Conservation and Development Contra Costa County Flood Control District California Department of Fish and Wildlife FPHC Page 2 of 14 7 8 9   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 3 Attachment A SPECIFIC COMMENTS AND OBJECTIONS TO DEIR PROJECT DESCRIPTION 1. As detailed in comments below, this DEIR fails to accurately describe several major Project components in sufficient detail for their impacts to be effectively reviewed and analyzed by the public and decision-makers. Under California law, “[a]n accurate, stable and finite project description is the sine qua non of an informative and legally sufficient EIR.”3 Therefore, the failure of the Project description makes the rest of the DEIR inadequate as well. Because the concrete details of the construction and operation of the Project are not known or disclosed, its environmental impacts cannot be accurately analyzed, nor can effective mitigation be identified. 2. The DEIR states that the proposed new athletic fields would include floodlights 40-70 feet high next to light-sensitive receptors (including Grayson Creek), and would operate until 10 pm for adult ball games, but the DEIR does not provide a site plan showing the locations, heights, and specifications of the proposed new floodlights on the currently unlit site. The DEIR should include photometric plans for the Civic Project, including diagrams and/or charts with photometric data for all external light fixtures, such as lumens, candela, direction, color/wave length, spillover/trespass, and purpose (e.g., for security or for night time ball games). We are concerned that the partial view of the Park from the east (3.1-6 Photograph A) shows several proposed floodlights immediately adjacent to the creek, towering over the trees, and visible from the EBMUD trail. The DEIR plans should clearly show distances between the proposed fixtures and Grayson Creek to enable the public to review and analyze the light intrusion into the creek and its potential impacts on wildlife. 3. The DEIR fails to provide calculations of the projected increase in artificial light at night (ALAN) on the Civic Project site, compared to existing baseline (there is currently no artificial light on the site). Based on the partial and incomplete information provided, we are concerned that the impacts of increased ALAN would be significant. We note that in one section, the DEIR states that in the Park “[a]pproximately 72 fixtures across the [Park] system would provide between 16,599 and 121,000 lumens...” (2-33) In another section, the DEIR states “The proposed athletic fields would be lighted by poles approximately 40 to 70 feet tall with a light level less than 50,000 candela…” (3.1-30] We assume these figures describe some of the planned individual fixtures. However, the DEIR nowhere provides a detailed photometric plan or calculations of the total increase in ALAN and its spillover into the creek and surrounding areas. This information is necessary in order to review and analyze atmospheric and ecological light pollution impacts. 4. The Lighting Peer Review Memo in DEIR Appendix B (LPR Memo) does not include the underlying data on which it bases its conclusions and does not analyze the impacts of lighting on residences south of the Project. The LPR Memo also conflicts with the DEIR on several factual points. a) The LPR Memo states: “The presence of a new multi-use residential, library and ball field suburban area, as proposed by the Oak Park Properties Specific Plan, and the associated Civic Project and Residential Project, in Pleasant Hill, CA does make a significant difference in the residential nightscape from the current usage.” (emphasis added). The DEIR claims that there is no significant impact. This contradiction needs to be resolved. b) The LPR Memo states: “The Ball Field development will provide a full array of sports floodlighting as well as fly ball up lighting which does not comply with the City requirements.” (emphasis added) By contrast, the DEIR states that the lighting is downward facing. This contradiction needs to be resolved.  3 County of Inyo v. City of Los Angeles (1977) 71 Cal. App. 3d 185, 193. FPHC Page 3 of 14 10 11 12 13 14   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 4 c) The LPR Memo states: “Grayson Creek will have both Ball Field lighting and Library Facility lighting added to its west side for the first time” but neither the LPR Memo nor the DEIR provides any photometric data to enable review of light intrusion into Grayson Creek. The memo also states that even after adjustment there will be light trespass into Grayson Creek until the proposed 10pm shutoff. Yet, the DEIR claims that there will be no significant impact without providing any data or analysis of the amount or type of night light intrusion/trespass. Because of these contradictions and the lack of detailed specifications, it is impossible for the public or decision makers to review and analyze the impacts of light and glare on sensitive receptors. 5. The DEIR does not provide elevations showing the height of the proposed new light poles (up to 70 feet) compared to the height of the new library (30 feet) and the height of the new residences (up to 35 feet). 6. The DEIR does not provide illustrations showing daytime and nighttime views of the proposed new light poles from the following viewpoints: • From the west (current library/new residences) across the project site towards Grayson Creek and Mt. Diablo. (See Figure A-1) • From the entrance of new library looking north. • From the pedestrian trail planned for the west side of Grayson Creek. 7. DEIR baseline noise measurements were gathered only between 1:52 pm to 3:01 pm. No baseline noise measurements were gathered between 7 pm to 10 pm, despite the fact that adult ball games are proposed to operate until 10 pm. 8. The DEIR does not indicate whether or not there will be amplified loudspeakers at the ball games. If there are plans to use amplified loudspeakers at the ball games, then there must be additional analysis. 9. The DEIR does not quantify and disclose the projected increase in the volume and rate of stormwater runoff into Grayson Creek from construction and operation of the Project. Since the plans call for upsizing pipes and drains to convey runoff eastward to a “new outfall” at Grayson Creek (3.8-32), installing upgraded outfalls into Grayson Creek (3.15-22), and installing riprap in Grayson Creek for erosion control and energy dissipation (3.3-31ff, 3.8-11, 3.8-26), we infer that planners expect there to be an increase in the volume and rate of runoff into Grayson Creek. This is a point of major concern because an increase in the volume and rate of runoff into the creek is not permitted under applicable regulation and could impact the creek’s hydrology, ecology, and downstream flood risk. 10. The DEIR does not quantify and disclose how much expected stormwater runoff would be contained on site and how much would be directed into Grayson Creek, especially during major storm events. 11. The DEIR does not quantify and disclose the projected increase in polluted runoff into Grayson Creek. The DEIR also does not state whether the Project is installing permeable materials for parking lots and pathways. 12. The DEIR does not describe how pollutants such as such as pesticides, fertilizers, and deposits of fluids and metals from motor vehicles will be avoided, filtered, or otherwise removed before they reach Grayson Creek or groundwater resources. There is no discussion of measures to minimize fertilizer, pesticide, and herbicide use. Two bio-retention basins are proposed, but are not described in detail. (Appendix H states that detailed plans will not be provided until the design stage (p. 31).) 13. The DEIR does not discuss the projected increase in human activity (i.e., projected usage statistics for the Library and Park) on the currently vacant Civic Project site and the resulting increase in trash and litter, which are major sources of creek pollution. Other than a reference to two trash enclosures, the DEIR provides no specifics regarding how many trash receptacles will be placed around the site, FPHC Page 4 of 14 15 16 17 18 19 20 21 22 23 24 25 26   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 5 including on the new creekside trail, at the new fields, and at the picnic area. It also does not provide information regarding trash capture measures for stormwater drains and outfalls. Due to proximity to Grayson Creek, all trash receptacles and enclosures should be covered, and best practices technology should be required to capture and remove trash from stormwater drains and outfalls. 14. The DEIR does not provide a “complete description” of certain Project features as specifically requested by the California Department of Fish and Wildlife (CDFW), including: “Operational features of the Project, including level of anticipated human presence (describe seasonal or daily peaks in activity, if relevant), artificial lighting/light reflection, noise…and other features, both during construction and after completion of the Project.”4 Based on our review, the DEIR does not provide seasonal/ daily peaks in activity for the creek-side recreational facilities, and the lighting and noise analyses are incomplete and inadequate. ENVIRONMENTAL ANALYSIS 15. As detailed in our comments to specific sections below, the DEIR fails to accurately describe the existing environmental setting. For example, there are incorrect or inconsistent statements regarding existing light and noise conditions, character of the surrounding neighborhoods, and the occurrence of Special-Status species on and near the Civic Project site. Any environmental impact analysis that relies on an incorrect baseline is inherently flawed. 3.1 AESTHETICS 16. The Civic Project site consists of unlit open space crossed by the Grayson Creek corridor. There are scenic views of Mt. Diablo to the east. The DEIR’s photographs and descriptions of existing views are incomplete in that they do not show the views towards the Grayson Creek corridor and Mt. Diablo. We herewith provide photographs of those views at Figure A-1. Further, the DIER incorrectly states that “[s]cattered trees are located along Oak Park Boulevard, Monticello Avenue, and within the Grayson Creek Corridor.” (3.1-2) In fact, as shown on Figure A-1, there is an unbroken tree line along the Grayson Creek riparian corridor. Failure to accurately describe the existing environmental setting renders the DEIR analysis inadequate. 17. As noted above, detailed photometric information is necessary to enable the public (including independent experts) and decision-makers to review and analyze the potential impacts of the Project’s lighting component. Absent detailed lighting information, the public and decision-makers are unable to review and analyze the light and glare impacts on aesthetic resources and sensitive receptors (Grayson Creek, library, and residences). 18. As detailed in comments below, the DEIR fails to adequately analyze the environmental impacts of the Project on Aesthetics, including the following issues/concerns raised during the scoping period (a) Lighting and light spillover impacts on wildlife; (b) Lighting and light spillover impacts on existing residences south of the project and planned residences west of the project; (c) Lighting and light spillover impacts on dark sky resources. Therefore, the analysis is incomplete and inadequate. 19. We are particularly concerned about the mention of new floodlights ranging from 40-70 feet high to light adult ball games until 10 pm and two new poles 24 feet high to light bocce courts until 10 pm (2-33) because of their sensitive location next to Grayson Creek, the library, and residences. There is no justification provided for the lighted ball fields, which will generate light intrusion in the creek, are redundant with existing facilities, and are inconsistent with facility/amenity priorities as documented in the Recreation and Park District’s Parks, Facilities, and Recreation Master Plan (“Master Plan”).5  4 Letter, dated December 19, 2018, from California Department of Fish and Wildlife (“CDFW Letter”). 5 See below, note 6. FPHC Page 5 of 14 26 CONT 27 28 29 30 31 32 33 34   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 6 AES-1 (Substantial adverse effect on a scenic vista) 20. The DEIR’s analysis of the Park’s impact on scenic vistas (AES-1) is incomplete and inadequate because it fails to consider the impact of the planned floodlights 40 to 70 feet in height. We are concerned about the impact of these light towers on (i) daytime scenic views of the Grayson Creek Corridor, tree line and Mt. Diablo and (ii) nighttime scenic views of stars and other astronomical features. (Figure 1) The Civic Project site is currently NZ1 (low ambient lighting). 21. We note that the proposed light towers for the new athletic fields (up to 70 feet high) would be more than twice as tall as the new library (30 feet) and would extend significantly above the Grayson Creek tree line. Yet the DEIR does not provide any illustrations or elevations showing the locations of all the proposed light poles relative to the creek and new Library. Based on the information in the text, we believe that the 70 foot light poles would be clearly visible from all directions during the day and would substantially alter and degrade scenic views of the Grayson Creek tree line from both the east and the west. They would also substantially alter and degrade views of Mt. Diablo from the west. (Mt. Diablo is clearly visible from the site of the proposed Park, as shown at Figure 1. 22. During the nighttime, the planned operation of lights until 10 PM would significantly degrade nighttime views of scenic resources such as stars and other astronomical features. We note that stargazing and astronomy are popular recreational activities hosted by the Pleasant Hill Library. The installation of 70 foot high light poles operating until 10PM will significantly and adversely impact these recreational opportunities by increasing atmospheric light pollution. 23. For the above reasons, we believe that the planned 40-70 foot high floodlights will have significant adverse impacts on scenic vistas, and we object to the DEIR’s conclusion of less than significant impact for AES-1 as unsubstantiated. AES-3 (Substantial adverse effect on existing visual character or quality of public views of the site) 24. The DEIR’s analysis of the Park’s impact on visual character and quality of public views (AES-3) is also incomplete and inadequate because it fails to adequately analyze the impact of the planned new 40-70 foot high floodlights on both daytime and nighttime views of the site. 25. Daytime and nighttime views of the existing site from Monticello Ave. are provided on Figure A-1. Installation of 70 foot light towers would be completely out of character with the site and would have an adverse impact on existing public views of the site, which currently consists of open space, the riparian corridor, and Mt. Diablo. They would also be out of character with the site as planned after development. As noted above, the tallest structure planned for the Civic Project site is the new library (30 feet tall). The proposed light poles for the new athletic fields would therefore be more than twice as tall as the library and also twice as tall as the new residences across Monticello Ave. The floodlights will tower above all the structures on the Project site as well as existing and new trees. 26. The DEIR states that the style of poles and fixtures in the Park would match the fixtures currently located at Pleasant Oaks Park (2-33), which is off-site. We believe that the style of poles and fixtures should be no taller than and stylistically consistent with poles and fixtures at the new Library, which is on-site. 27. For the above reasons, we are concerned that the planned 40-70 foot high light poles would have significant adverse impacts on visual character and public views and we object to the DEIR’s conclusion of less than significant impact for AES-3 as unsubstantiated. AES-4 (New source of substantial light or glare which would adversely affect day or nighttime views) 28. The DEIR’s analysis of light and glare is incomplete and inadequate since the DEIR fails to provide a site plan, diagrams, elevations, or photometric information that shows the specific locations, height, lumens, candela, direction, color/wave length, and spillover of the proposed new light poles. FPHC Page 6 of 14 35 36 37   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 7 Therefore, the public and decision-makers do not have enough information to analyze the light and glare impacts of the proposed new lighting plan. 29. The absence of photometric detail in the DEIR makes it impossible for the public to review and analyze the impact of new artificial lights on light-sensitive receptors. Since there are currently no artificial lights on the Civic Project site or in the Grayson Creek riparian corridor, “the plan area is similar to a LZ1 (Low Ambient Lighting) nighttime environment” (LPR Memo), and the increase in artificial light at night (ALAN) represents a significant change. ALAN could cause significant adverse impact on light-sensitive receptors such as wildlife and residences. Without specific data, the public and agencies cannot evaluate the potential lighting impacts. 30. The DEIR states that “[l]ight from these lighting poles could extend across Grayson Creek Corridor and onto the off-site EBMUD Trail and single- family homes to the east. However, Exhibit 3.1-6, photograph A, shows that these lights would be directed downward and toward the west, away from the EBMUD trail and adjacent single-family homes.” (3.1-30) This description conflicts with the LPR Memo, which states: “The Ball Field development will provide a full array of sports floodlighting as well as fly ball up lighting which does not comply with the City requirements,” and “Grayson Creek will have both Ball Field lighting and Library Facility lighting added to its west side for the first time.” These conflicting statements need to be resolved and a final lighting plan provided with specific information including a site plan, illustrations, elevations, and photometric plan that shows the specific locations, height, lumens, candela, direction, color/wave length, and spillover of the proposed new light poles for the Civic Project site. 31. The DEIR does not analyze the lighting impacts on existing residences south of the Project site and planned residences west of the Project site on Monticello. 32. The photographs provided in DEIR Exhibit 3.1-6 do not show views from the west (the site of the new residences) directly towards the new Park, nor do they show views from the new library north towards the new Park. Therefore, the public and decision-makers don’t have enough information to analyze the views from those locations. 33. The DEIR states that a primary Plan objective for the Park is to provide opportunity for youth sports. Youth ball games would end at 8 PM and for most of the year would not require any lighting. Extending the time to 10 PM for adult ball games would result in significantly increased year-round night light and noise and is inappropriate given the sensitive location of the Park near the Grayson Creek corridor, library, and residences. We note that there are already three lighted ball fields available for evening games in Pleasant Hill: Pleasant Hill Park, College Park High School, and Valley View Middle School. According to the Recreation and Park District’s Master Plan, there is no need for additional lighted ball fields as the existing lighted ball fields “meet standard.” In fact, the Master Plan identified multiuse paved trails, walking and biking trails, and open space conservation areas as the top priorities for investment for recreational facilities.6 34. The LPR Memo refers to the need for “adjustments” … “to minimize the obtrusive light entering the Grayson Creek area.” However, the DEIR does not specify how much light will be entering the Grayson Creek riparian corridor or analyze the impacts on wildlife. 35. The LPR Memo only considers the impact of the Project’s lighting on residences east of the Project site. There is no analysis of the impact of lighting on existing residences south of the Project site or on new residences planned for west of the Project site. 36. The DEIR states that there will be new lighting added to the creek trail, which will remain on until 10 PM. There is no justification provided in the DEIR for adding artificial nightlight to this sensitive habitat area. We note that nearby trails do not have lighting. For example, the Iron Horse Trail and the  6 Recreation and Park District, Parks, Facilities and Recreation Master Plan (September 2019), pp. 124, 135. FPHC Page 7 of 14 37 CONT 38 39 40 41 42 43 44   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 8 Creek Walk trail in Walnut Creek do not have lighting. The DEIR should provide justification and specifications for any new proposed lighting on the trail. If security lighting on walkways on the Civic Project site is deemed necessary, it should consist of low, downward facing, fully shielded bollards activated by motion detection. 37. For the above reasons, we object to the conclusion that Civic Project’s lighting impacts would be less than significant for AES-4 as unsubstantiated. 3.3 BIOLOGICAL RESOURCES 38. As detailed in comments below, the DEIR fails to adequately analyze the environmental impacts of the Project on Biological Resources. 39. The DEIR does not reference or consider data and comments we submitted during the scoping period related to biological resources, including specific concerns regarding wildlife known to be present at the site.7 a. Native and Migratory Birds: the DEIR does not reference or consider the avian species data from the Grayson Creek Bird Survey that we provided during the scoping period.8 The Grayson Creek Bird Survey is a monthly field survey conducted jointly by FPHC and the Mt. Diablo Audubon Society (MDAS).9 Attached is an species list through October 2019. During the 24-month survey period (November 2017 – October 2019), the survey documented 70 species of birds on or near the Project site, including 66 species of native and migratory birds and 5 species of raptors. The survey study area includes the section of the Grayson Creek corridor that flows across the 10-acre Civic Project site. MDAS members with significant expertise in habitat assessment and bird identification worked with FPHC to design the monthly survey, which is modeled on the Audubon Society’s Christmas Bird Count, one of the oldest and largest citizen science programs in the country. Based on these data, the Grayson Creek corridor at Oak Park Blvd. has been designated an eBird public “Hotspot.”10 These data demonstrate that the Grayson Creek riparian corridor is a sensitive habitat for native and migratory birds, including raptors. Accordingly, the EIR should specifically evaluate impacts on avian wildlife of tree removal, increases in night light pollution from operation of the Project, increases in noise from construction and operation of the Project, the risk of collisions between birds and windows, and the hydro-modification related disruption of the natural ecology of the creek, which may affect the food chain. b. Raptors: The Grayson Creek Bird Survey has documented the following raptor species in the Grayson Creek corridor at or near the Civic Project site: Northern Harrier; Sharp-shinned Hawk; Cooper’s Hawk; Red Shouldered Hawk; and American Kestrel. We observed Red Shouldered Hawks mating in the Grayson Creek corridor, and we have also observed raptors foraging on the Civic Project site and in the corridor. Raptors help control rodent populations, are a valuable resource to the community and the State of California, and are protected under federal and state law.11  7 Letter, dated December 17, 2018, from Friends of Pleasant Hill Creeks regarding Notice of Preparation of Environmental Impact Report (“FPHC Scoping Letter”). 8 FPHC Scoping Letter. 9 FPHC/MDAS Letter. 10 Cornell Lab of Ornithology, eBird, “Grayson Creek (Oak Park Blvd),” https://ebird.org/hotspot/L9110333. 11 CA Dept. of Fish and Wildlife, Raptors of California, https://www.wildlife.ca.gov/Conservation/Birds/Raptors. FPHC Page 8 of 14 45 46 47 44 CONT   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 9 c. River Otters: River otters are documented in the Grayson Creek corridor at the Civic Project site.12 Sightings include pups. 40. Grayson Creek is a major tributary to Walnut Creek, and connects to Walnut Creek well below the Contra Costa Flood Control District's first drop structure.13 Salmonids are often observed in Walnut Creek, and we have also received reports of salmonids in Grayson Creek. The DEIR should evaluate the Project for potential impacts, including downstream impacts, on anadromous fish such as steelhead and Chinook salmon. 41. The DEIR incorrectly states: “The Civic Project site is located in a highly urbanized environment surrounded by single-family housing, multiple existing recreation facilities, and highly trafficked roadways.” (3.3-27) In fact, the project is not in an urbanized environment. It is in a suburban area and currently consists of an unlit 10-acre open field with seasonal ponds and a creek next to a school, library, EBMUD trail, and single-family residential neighborhoods. This is confirmed elsewhere in the DEIR where it states: “The physical environment of the City is suburban in character.” (3.1-1) And “the plan area is surrounded by suburban and recreational development.” (3.1-27) 42. The DEIR incorrectly assumes that there is currently human activity on the ten-acre undeveloped Civic Project site due to a few tire tracks near Monticello. We have observed no regular human activity on the Civic Project site during our two years of monthly bird surveys, other than an occasional dog walker. 43. The DEIR does not mention the seasonal ponds we describe in our scoping letter. Specifically, we have observed the following Special-Status species utilizing the Civic Project site open space and its seasonal ponds for foraging and resting: Killdeer, Say’s Phoebe, Black Phoebe, Red-shouldered Hawk, White- crowned Sparrow, Goldfinch, Mallard, and Red-winged Blackbird. The DEIR should include specific mitigation measures to address loss of open space and seasonal pond habitat. 44. The DEIR incorrectly states that the “plan area allow[s] for a limited number of wildlife species to occur.” (3.3.7) As noted above, based on the 24-month Grayson Creek Bird Survey, the Grayson Creek corridor on and near the Civic Project site is providing habitat for 66 species of special-status (i.e., MBTA protected) birds, as well as other species such as river otters. The two years of monthly field data demonstrates the importance of the Plan area for wildlife species and should be considered in the DEIR analysis, which currently relies on a few brief site visits and limited literature review by the DEIR consultant. As another section of the DEIR notes: “Grayson Creek, located along the eastern perimeter of the plan area, and within the Civic Project site, is considered a sensitive biological community displaying vegetation commonly found in riparian areas. In these areas, riparian vegetation along stream banks provides unique habitat to fish and other aquatic wildlife.” (3.3-7) 45. The DEIR analysis focuses only on species listed on the Special-Status Wildlife Species Table (Appendix D). However, the definition of “Special-Status” wildlife species also includes species protected under the Migratory Bird Treaty Act (MBTA). (3.3-8) Sixty-six species of MBTA protected birds have been documented in the Plan area, including five species of raptors, which have heightened protection under federal and California law. 46. We agree that proposed construction within the Civic Project site has the potential to adversely impact special-status wildlife species. “Most notably, the Civic Project would remove potential nesting habitat throughout the Civic Project site.” (3.3-25) Construction would also impact the  12 River Otter Ecology Project, River Otter Sightings Map, https://www.arcgis.com/home/webmap/viewer.html?webmap=f77e440efbd241afb1a108c6f5815568&extent=- 124.2259,37.1138,-120.6938,38.8327. 13 Contra Costa County Watershed Atlas, http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf, p. 79. FPHC Page 9 of 14 48 49 50 52 53 54 55 51   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 10 Grayson Creek area through the proposed installation of new infrastructure in the creek. We request that a CDFW biologist be present during all pre-construction surveys. 47. The DEIR’s conclusion that the operational impacts of the Civic Project on special-status species, riparian habitat, sensitive natural communities, and wildlife corridors, would be considered less than significant is unsubstantiated for the following reasons. 48. With respect to noise from new recreational activities (proposed ball games from 8am to 10 pm), the DEIR fails entirely to analyze the impact on wildlife. Section 3.10, Noise, analyzes impacts of daytime noise on humans only, and does not analyze the increase of nighttime noise at all. Section 3.3, Biological Resources, avoids all noise analysis, simply referencing the incomplete and inapposite analysis in Section 3.10. Further Section 3.3, incorrectly describes the Civic Project site as “located in a highly urbanized environment.” The environment is low-density suburban and the creek corridor is currently surrounded by open space. 49. With respect to the proposed alternations to the riparian corridor, there is insufficient analysis of the potential impacts of increased volume, flow rate, and polluted runoff on the riparian habitat. While we support removal of invasive plants and planting of native species, we are concerned about permanent changes to the stream banks, bed, and channel through installation of riprap. We also request clarification on whether native cattails growing in the creek channel will be protected as they provide habitat value and erosion control. 50. With respect to creek setbacks, there is no analysis of the adequacy of the City’s creek setback requirement (10 feet) in the context of this specific Project. The City creek setback is a minimum requirement, and compliance with a minimum city requirement is not necessarily sufficient for avoidance of significant environmental impact. We note that the new Library’s creek setback is 40 feet, which strikes us as sufficient when combined with the new native and riparian plantings. However the creek setback for the Park is only 10 feet, which is wholly inadequate given the plans for a lighted baseball diamond and lighted bocce ball courts next to the creek. DEIR 3.1-6 Photograph A shows several proposed light towers immediately adjacent to Grayson Creek, and both the DEIR and LPR Memo acknowledge that there will be spillover into the riparian corridor but do not quantify or adequately describe the extent of the light trespass. 51. The DEIR fails to analyze the impacts of the significant increase of artificial light on wildlife. We note that the CDFW Letter specifically requests a “complete description” of “artificial lighting/light reflection.” The planned athletic fields involve the installation of floodlights up to 70 feet high operating until 10 PM year round. Due to the factual contradictions between the LPR Memo and the DEIR, it is unclear whether these fixtures face up or down. Further, as noted above, no photometric plans were provided in the DEIR and we therefore have no information about spillover or other critical data. We are particularly concerned about the impacts of artificial light at night (ALAN) on wildlife attempting to migrate, mate, forage, and rest. There is a significant body of scientific literature on the adverse impacts of ecological light pollution such as ALAN on birds and other wildlife.14 Due to ecological light pollution, wildlife can experience increased orientation or disorientation from additional illumination and are attracted to or repulsed by glare, which affects foraging, reproduction, communication, and other critical behaviors. ALAN also disrupts interactions evolved in natural patterns of light and dark, with serious implications for community ecology. The hazards posed by lighted structures and windows to migrating birds is another significant threat to wildlife.15 In our scoping letter, we advised that all lighting should be downward facing and have no spillover into the Grayson Creek riparian corridor.  14 Longore T. and Rich C. 2004. Ecological light pollution. Front Ecol Environ 2004; 2(4): 191–198. 15 Portland Audubon, “Bird safe buildings,” https://audubonportland.org/our-work/protect/habitat-and- wildlife/urban/reducing-wildlife-hazards/bird-safe-building/. FPHC Page 10 of 14 55 CONT 56 57 58 59   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 11 52. We understand that the new Library design includes windows facing the creek, a beneficial design feature that connects the building to its environment and integrates the creek into the Plan area. However, the presence of large glass windows generates a risk of fatal bird collisions unless precautions are taken. The DEIR does not analyze this issue. We recommend that the design team specify bird-friendly glass, which can be cost-efficient to install at the time of initial construction compared to more expensive mitigation measures that may be required after construction. A Bird- Safe Building Tool Kit, including relevant LEED standards, is available at the following website: https://audubonportland.org/our-work/protect/habitat-and-wildlife/urban/reducing-wildlife- hazards/bird-safe-building/bird-safe-building-design-toolkit/. 53. For the above reasons, we are concerned that the operation of the planned Project (specifically the artificial lights and noise from night games and loss of open space/seasonal ponds) would have a significant adverse impact on biological resources, and we object to the DEIR’s conclusion of less than significant impact on biological resources as unsubstantiated. 3.8 HYDROLOGY AND WATER QUALITY 54. As detailed in comments below, the DEIR fails to adequately analyze the environmental impacts of the Project on Hydrology and Water Quality. 55. The DEIR fails to quantify the projected increase in volume and rate of stormwater runoff, including polluted runoff, into Grayson Creek (see comments 9-12 above) and also fails to analyze the potential impacts to Grayson Creek’s water quality,16 flow rate, bank stability, riparian habitat, and downstream flood risk. As noted in the CUSP Letter,17 stormwater regulatory requirements typically require zero increase in stormwater contributions from new developments. 56. There is currently no riprap in the riparian corridor on the Civic Project site. The DEIR mentions that the Project would include installation of more than 240 feet of riprap and modification of the riparian habitat. (3.3-31 ff) However, the DEIR (i) does not provide any justification for the installation of more than 240 linear feet of riprap other than a general reference to “erosion control” and “energy dissipation” that is not backed up with data on the projected volume and rate of outflows; (ii) does not include specific plans, diagrams, or cross sections for the proposed riprap reinforced outfall structures; (iii) does not evaluate the impact on the ecological food chain (e.g., fish and crawdads that are providing food for birds and river otters); and (iv) does not consider alternatives. Accordingly, the DEIR does not provide the public and decision-makers with sufficient information to review and comment on the specifics of this Project component. 57. Based on our knowledge of the site and other bank-stabilization alternatives, riprap would not be an effective or appropriate solution for this site: It is impermeable, expensive, inhibits natural vegetation growth, displaces habitat, is subject to failure as water undermines the soil beneath the rocks, and contributes to downstream erosion. Alternative self-mitigating bio-engineering techniques would provide superior bank stabilization, if necessary, and should be evaluated. (See CUSP Letter). 58. For the above reasons, we are concerned that the construction and operation of the planned new drainage system, outfalls, and riprap would have a significant adverse impacts on hydrology, water quality, and downstream flood risk that have not been adequately analyzed or mitigated. Therefore, we object to the DEIR’s conclusion of less than significant impact on hydrology and water quality as unsubstantiated.  16 The DEIR does not provide baseline water quality data. We note that the Watershed Project has been collecting and analyzing water samples from Grayson Creek behind the Pleasant Hill Middle School, a nearby downstream location. http://thewatershedproject.org/our-programs/healthy-watersheds/. 17 Letter, dated October 14, 2019, from California Urban Streams Partnership regarding DEIR (“CUSP Letter”), FPHC Page 11 of 14 60 61 62 63   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 12 3.10 NOISE 59. As detailed in comments below, the DEIR fails to adequately analyze the environmental impacts of increased noise levels produced by certain recreational activities (ball games) on the Project site on noise-sensitive receptors, particularly during the 7pm – 10pm timeframe. Noise-sensitive receptors at and near the Project site include residences, libraries (existing and planned), Grayson Creek wildlife, and existing quiet recreational activities that depend on low noise levels.18 60. The Park plan includes two proposed lighted baseball fields and one lighted soccer field. Youth ball games are proposed to operate from 8 am to 8 pm, and adult ball games are proposed to operate until 10 pm. DEIR baseline noise measurements were gathered only between 1:52 pm to 3:01 pm. No baseline measurements were gathered between 7 pm to 10 pm, despite the fact that adult ball games are proposed to operate until 10 pm, a time when the decrease in ambient noise levels creates an increased sensitivity to sound compared to daytime levels. This is a serious flaw in the DEIR. 61. The assertion that noise on the existing recreational facilities to the north of the site reduces the impact of new noise on the planned ball fields to less than significant is unsubstantiated because the DEIR does not provide data on noise levels or usage statistics for the existing facilities or for the proposed facilities. 62. Noise from nighttime ball games—including loudspeakers (if installed) and stomping on bleachers— could severely impact surrounding residential suburban neighborhoods. Yet the DEIR provides no data on how much noise is projected to be generated by these activities. The DEIR merely states: “Implementation of the Civic Project would not result in a doubling of users of recreational activities already occurring in the vicinity of the plan area.” This statement is unsubstantiated and incorrect. We note that the existing baseball fields in the vicinity (Pleasant Hill Middle School and Pleasant Oak Park) are unlit and do not operate past dark. Therefore, any night games would generate additional noise that needs to be estimated and compared to baseline. Secondly, there is no evidence presented that simultaneous daytime games would not result in a doubling of users. The DEIR does not provide any usage statistics for the current recreational facilities north and west of the site or projected usage statistics for the proposed recreational facilities. Therefore, the increase in recreational noise on noise- sensitive receptors – in daytime or nighttime – cannot be adequately reviewed. 63. For the above reasons, we are concerned that the operation of the planned Project (specifically the increased noise from recreational activities) would have a significant adverse impact on noise- sensitive receptors, and we object to the DEIR’s conclusion of less than significant impact from noise as unsubstantiated. 64. We strongly recommend the redesign of the Park to include one unlit ball field (on the Monticello side), one unlit soccer field, unlit bocce courts, and open space near the creek for passive recreational activities. This design would be more appropriate for this sensitive location, would support Plan objectives to provide additional fields for youth sports, and would be consistent with the community’s top recreational needs and priorities (trails and open space), as expressed in the Master Plan.  18 Examples of such activities include birdwatching and nature contemplation on the EBMUD trail adjacent to the site. FPHC Page 12 of 14 64 65 66 67 68   25A Crescent Drive #245, Pleasant Hill, CA 94523 | www.pleasanthillcreeks.org | pleasanthillcreeks@gmail.com A project of Social and Environmental Entrepreneurs, a nonprofit 501(c)(3) organization Friends of Pleasant Hill Creeks DEIR Comments, Page 13 Figure A-1 a. View of Park Site from West to East (Daytime) Toward Grayson Creek Corridor and Mt. Diablo b. View of Park Site from West to East (Nighttime) FPHC Page 13 of 14 69  Grayson Creek Bird Survey Species List Grayson Creek Riparian Corridor from Oak Park Blvd. to Beatrice Rd., Pleasant Hill, CA November 2017—October 2019 1. Canada Goose (Branta canadensis) 2. Mallard (Anas platyrhynchos) 3. Hooded Merganser (Lophodytes cucullatus) 4. Wild Turkey (Meleagris gallopavo) 5. Rock Pigeon (Columba livia) 6. Mourning Dove (Zenaida macroura) 7. Black-chinned Hummingbird (Archilochus alexandri) 8. Anna’s Hummingbird (Calypte anna) 9. Killdeer (Charadrius vociferous) 10. Ring-billed Gull (Larus delawarensis) 11. California Gull (Larus californicus) 12. Great Blue Heron (Ardea Herodias) 13. Great Egret (Ardea alba) 14. Green Heron (Butorides virescens) 15. Black-crowned Night-Heron (Nycticorax nycticorax) 16. Northern Harrier (Circus hudsonius) 17. Sharp-shinned Hawk (Accipiter striatus) 18. Cooper’s Hawk (Accipiter cooperii) 19. Red Shouldered Hawk (Buteo lineatus) 20. Belted Kingfisher (Megaceryle alcyon) 21. Red-breasted Sapsucker (Sphyrapicus ruber)22. Acorn Woodpecker (Melanerpes formicivorus) 23. Downy Woodpecker (Dryobates pubescens) 24. Nuttall’s Woodpecker (Dryobates nuttallii) 25. Northern Flicker (Colaptes auratus) 26. American Kestrel (Falco sparverius) 27. Willow Flycatcher (Empidonax traillii) 28. Pacific-slope Flycatcher (Empidonax difficilis) 29. Black Phoebe (Sayornis nigricans) 30. Say’s Phoebe (Sayornis saya) 31. Hutton’s Vireo (Vireo huttoni) 32. California Scrub-Jay (Aphelocoma californica) 33. American Crow (Corvus brachyrhynchos) 34. Common Raven (Corvus corax) 35. Chestnut-backed Chicadee (Poecile rufescens) 36. Oak Titmouse (Baeolophus inornatus) 37. Northern Rough-winged Swallow (Stelgidopteryx serripennis) 38. Violet-green Swallow (Tachycineta thalassina) 39. Oak Titmouse (Psaltriparus minimus) 40. Wrentit (Chamaea fasciata) 41. Ruby-crowned Kinglet (Regulus calendula) 42. White-breasted Nuthatch (Sitta carolinensis) 43. Marsh Wren (Cistothorus palustris) 44. Bewick’s Wren (Thryomanes bewickii) 45. European Starling (Sturnus vulgaris) 46. Northern Mockingbird (Mimus polyglottos) 47. Western Bluebird (Sialia Mexicana) 48. Hermit Thrush (Catharus guttatus) 49. American Robin (Turdus migratorius) 50. Cedar Waxwing (Bombycilla cedrorum) 51. House Sparrow (Passer domesticus) 52. House Finch (Haemorhous mexicanus) 53. Purple Finch (Haemorhous purpureus) 54. Lesser Goldfinch (Spinus psaltria) 55. American Goldfinch (Spinus tristis) 56. Fox Sparrow (Passerella iliaca) 57. Dark-eyed Junco (Junco hyemalis) 58. White-crowned Sparrow (Zonotrichia leucophrys) 59. Golden-crowned Sparrow (Zonotrichia atricapilla) 60. Song Sparrow (Melospiza melodia) 61. Lincoln’s Sparrow (Melospiza lincolnii) 62. California Towhee (Melozone crissalis) 63. Spotted Towhee (Pipilo maculatus) 64. Hooded Oriole (Icterus cucullatus) 65. Bullock’s Oriole (Icterus bullockii) 66. Red-winged Blackbird (Agelaius phoeniceus) 67. Brown-headed Cowbird (Molothrus ater) 68. Brewer’s Blackbird (Euphagus cyanocephalus) 69. Yellow-rumped Warbler (Setophaga coronate) 70. Western Tanager (Piranga ludoviciana) Total Species: 70 Total Native and Migratory Species: 66 Total Raptor Species: 5 Data Source: Grayson Creek Bird Survey, a joint community science project of Friends of Pleasant Hill Creeks (a project of SEE) and Mt. Diablo Audubon Society. Updated: 10/14/19. Study Area: Grayson Creek Riparian Corridor and associated open space from Oak Park Blvd. to Beatrice Rd., Pleasant Hill, CA Contact: pleasanthillcreeks@gmail.com FPHC Page 14 of 14 69 CONT ta -- Friends of Pleasant Hill Creeks Mm1nl IJi.thlnJ\11dulm11 Society City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐67  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Friends of Pleasant Hill Creeks (FPHC)  Response to FPHC‐1  This comment provides introductory remarks. No response is required.  Response to FPHC‐2  The organization asserts that Grayson Creek is a sensitive habitat and has been recognized as an  eBird public “HotSpot” with 70 species of birds documented over 24 months by a field survey  conducted by FPHC and Mount Diablo Audubon Society (MDAS), and the commenter lists some of  the species documented on or near the site.  CEQA requires analysis of potential impacts to nesting and migratory birds protected under the  Migratory Bird Treaty Act (MBTA). MM BIO‐1a and MM BIO‐1b included in Section 3.3, Biological  Resources, of the Draft EIR, would help reduce any potential impacts on nesting and migratory birds  that may result from construction. These mitigation measures include a requirement for pre‐ construction surveys, as well as implementation of protective measures, where needed, to ensure  any active nests of protected species are protected pursuant to the MBTA, from potential impacts  related to tree removal, noise, and other disturbances during construction.  Response to FPHC‐3  This comment notes general concern about the Civic Project and Residential Project. This comment  does not relate to a specific environmental issue or topical area that is addressed within the Draft  EIR.   Response to FPHC‐4  The organization expresses concern with respect to potential lighting impacts on sensitive receptors  associated with the ball fields. The commenter also expresses concern about the potential noise  impacts on sensitive receptors associated with the ball fields.  For a discussion of potential lighting impacts, please Refer to Master Response 4—Lighting.   For a discussion of potential noise impacts, please refer to Response to FPHC‐18 and Response to  BADE.2‐2.  Response to FPHC‐5  The organization expresses concern with respect to an unspecified increase in volume and rate of  stormwater runoff (including polluted runoff) into Grayson Creek.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements, for a  discussion of volume and rate of stormwater runoff into Grayson Creek. With respect to polluted  runoff, as part of the permitting process, SWPPPs were prepared for the Civic Project and the  Residential Project. The SWPPPs include BMPs that ensure a reduction of pollutants from  construction activities that could potentially enter surface waters or from entering the Ygnacio Valley  Groundwater Basin by preventing pollutants from moving off‐site.11 During operation of the Civic  Project and Residential Project, the projects would be required to comply with the City of Pleasant                                                               11  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.8‐20  and 3.8‐21. August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐68 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Hill National Pollutant Discharge Elimination System (NPDES). The Residential Project would be  required to comply with the City of Pleasant Hill NPDES program and the Clean Water Program, and  all City Municipal Code ordinances related to stormwater pollution. Pleasant Hill Municipal Code,  Chapter 15.05.050, would require a stormwater control plan that meets the most recent version of  the Contra Costa Clean Water Program Stormwater C.3 Guidebook.   Furthermore, Pleasant Hill Municipal Code, Chapter 15.05.080, requires post‐construction  maintenance of stormwater management facilities. Chapter 17.35.020 requires stormwater drainage  systems to protect off‐site properties from increased runoff created by development. Therefore,  operation‐related project impacts related to surface and groundwater and respective water quality  would be less than significant.12  Response to FPHC‐6  The organization expresses concern about alterations to Grayson Creek’s stream bed, banks, and  channel, including installation of riprap.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements, for a  discussion of alterations to Grayson Creek’s stream bed, banks, and channel, including installation of  riprap.  Response to FPHC‐7  The organization asserts that the Draft EIR is incomplete, inaccurate, and inadequate in its  description of several major components; in its description of the environmental setting and in its  analysis of the potential adverse impacts and then notes that more detail is provided in Attachment  A (of the comment letter). Refer to Response to FPHC‐8 and FPHC‐11 through FPHC‐70 for more  detailed information regarding the adequacy of the environmental analysis.  Response to FPHC‐8  This comment summarizes the assertions provided in comments FPHC‐2 through FPHC‐7. Please see  Response to FPHC‐2 through FPHC‐7 regarding the adequacy of the Draft EIR’s environmental impact  analysis with respect to each of the specific issues raised (also refer to Response to FPHC‐11 through  FPHC‐70 for more detailed information regarding the adequacy of the environmental analysis).   The comment also generally concludes that the description of the proposed plan in the Draft EIR is  legally inadequate based on the issues raised in comments FPHC‐2 through FPHC‐7. As explained in  detail in Response to FPHC‐2 through FPHC‐7, none of these comments provides an example of what  causes the analysis in the Draft EIR to be incomplete, inaccurate, or inadequate for purposes of  CEQA. The Draft EIR contains sufficient information and has an accurate and detailed description  sufficient to inform decision‐makers of the Specific Plan’s potential environmental effects.   Generally, a project description must contain “a sufficient degree of analysis to provide decision  makers with information which enables them to make a decision which intelligently takes account of  environmental consequences.”13 However, CEQA Guidelines specifically state that the project                                                               12  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.8‐21  and 3.8‐22. August.  13  Dry Creek Citizens Coalition v. County of Tulare (1999) 70 CA 4th 20, 26.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐69  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  description “should not supply extensive detail beyond that needed for evaluation and review of the  environmental impact.” Specifically, CEQA requires a “general description of the project’s technical,  economic, and environmental characteristics, considering the principal engineering proposals if any  and supporting public service facilities.”14 The evaluation of impacts within this Draft EIR included a  level of detail commensurate with the Specific Plan described in the Chapter 2, Project Descriptions.   Accordingly, EIRs are not required to include an extensive recitation of every detail. Instead, the  project description should describe the main features of a project. EIR project descriptions are  inadequate when the EIR limits the scope of environmental review by artificially narrowing the  project description, thus minimizing the project’s impacts and limiting review.  The description of the Specific Plan complies with applicable legal requirements for a project  description articulated in CEQA Guidelines Section 15124. The location and boundaries of the  proposed plan, including maps, land use designations, zoning designations, surrounding land use and  conceptual site plans are included in Chapter 2 of the Draft EIR.15  As required by CEQA Guidelines Section 15124 (b), the Executive Summary includes a clearly written  statement of objectives.16 The underlying purposes of the Specific Plan is identified as follows,  “[a]dopt a comprehensive planning document to establish specific guiding principles for  redevelopment of 16.60 acres of land across various properties within the plan area that includes a  Civic Project (Library, Roadway, Trail, Stormwater Infrastructure and Park Improvements) and a  Residential (infill development) Project.”17   Chapter 3 of the EIR analyzes the environmental impacts of the proposed plan. Impacts are  organized into major topic areas. Each topic area is presented in a separate section that includes a  description of the environmental setting, regulatory framework, significance criteria, approach to  analysis, specific thresholds of significance, impacts, and mitigation measures. This fully complies  with the requirements articulated in Section 15124(c) of the CEQA Guidelines.   Finally, as required by CEQA Guidelines 15124(d), a statement briefly describing the intended uses of  the EIR, a list of the agencies that are expected to use the EIR in their decision‐making, and a list of  permits and other approvals required to implement the Civic and Residential Project components of  the Specific Plan are identified in Sections 2.4 and 2.5.18   Accordingly, the description of the proposed plan satisfies the requirements for an adequate project  description under CEQA Guidelines. The comment does not identify any areas where the description  fails to meet the legal requirements nor does it identify any significant project impacts that are not  adequately discussed in the Draft EIR and that would require additional review. Therefore, the                                                               14  CEQA Guidelines Section 15124(c); emphasis added.  15  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 2‐1  through 2‐11. August.  16  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages ES‐2 and  ES‐3; 2‐12 and 2‐13. August.  17  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages ES‐2 and  2‐12. August.  18  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 2‐54‐2‐ 56. August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐70 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  comments do not provide any evidence indicating that the public was deprived of a meaningful  opportunity to review and comment on the proposed plan’s potential environmental impacts. The  comment letter does not provide any evidence that supports revising and recirculating the Draft EIR.   Response to FPHC‐9  The organization concludes the comment letter. No response is necessary.   Response to FPHC‐10  This is an introductory comment that summarizes the assertions in comments FPHC‐11 through  FPHC‐27.   Please refer to Responses to FPHC‐11 through FPHC‐27 for detailed responses. Please see Response  to FPHC‐8 regarding the adequacy of the description of the proposed plan.   The comment does not identify any areas where the description of the proposed plan fails to meet  the legal requirements nor does it identify any significant project impacts that are not adequately  discussed in the EIR or that would require additional review. Therefore, nothing raised in the  comment supports revising and recirculating the EIR.   Response to FPHC‐11  The organization requests that a photometric plan for the Civic Project be provided including  diagrams and/or charts with photometric data for all external light fixtures, such as lumens, candela,  direction, color/wave length, and spillover/trespass. The organization also requests that the  photometric plan show distances between the proposed light fixtures and Grayson Creek.  The City’s lighting standards do not include thresholds for lumens, candela, direction, or color/wave  length. The photometric plans for the athletics fields and the library are provided in Appendix A and  the photometric plans provide confirmation that the implementation of the proposed plan would  not exceed the City’s threshold at the residential district boundary line. The photometric plans for all  components of the Civic Project are being finalized and will be evaluated and refined if needed once  finalized details for lighting have been developed. The City’s standard practice includes review and  approval of a photometric plan prior to issuance of a building permit.   Please refer to Master Response 4—Lighting, for a discussion of ALAN.   Response to FPHC‐12  The organization asserts that the Lighting Peer Review Memo provided as Appendix B of the Draft  EIR does not include the underlying data on which it bases its conclusions and does not analyze the  impacts of lighting on residences south of the plan area.   The photometric plans for the athletic fields and library are provided in Appendix A, and provide the  underlying data on which the Lighting Peer Review Memo is based. For a discussion of street lighting  and potential impacts to residences to the south of the plan area, please refer to Master Response  4—Lighting. With respect to alleged conflicts between the Draft EIR and Lighting Peer Review Memo  memos, see Response to FPHC‐13, FPHC‐14, and FPHC‐15.   City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐71  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to FPHC‐13  The organization asserts that the Lighting Peer Review Memo and the Draft EIR contradict each other.  While the Lighting Peer Review Memo notes that the Civic Project and Residential Project would  change the residential nightscape from the current usage, the Lighting Peer Review Memo does not  assert that this would be a significant impact. Therefore, the Draft EIR’s less than significant light  impact (Impact AES‐4)19 is consistent with the conclusion of the Lighting Peer Review Memo. Please  refer to Master Response 4—Lighting, and the photometric plans in Appendix A.   Response to FPHC‐14  The organization requests that a clarification be provided with respect to the orientation of the  lighting for the ball fields (specifically in relation to fly ball up lighting) and asserts that the Peer  Review Lighting Memo contradicts the Draft EIR.   For aerial sports such as baseball, there is tendency to lose balls when they are in the air. The fly ball  up lighting is a low wattage fixture that is inverted so it points towards the horizon. These fixtures  have low illumination, which helps players see the bottom of the ball while it is up in the air. The up  lighting is contained within the field of play and is directed towards the ball fields. The International  Dark‐Sky Association (IDA) acknowledges that up lighting is an integral part of lighting for athletic  fields and recommends that up lighting make less than 8 percent of total lumen output for the ball  field lighting.20 The up lighting for the proposed ball fields would make up less than 8 percent (7.6  percent) of the total lumen output, and would comply with the IDA’s recommendation.   Response to FPHC‐15  The organization notes that neither the Lighting Peer Review Memo nor the Draft EIR provides  photometric data with respect to potential light intrusion into Grayson Creek.   The photometric plans for the athletic fields and the proposed library are provided in Appendix A.  For a discussion of potential impacts to Grayson Creek, please refer to Master Response 5—Lighting  Impacts to Wildlife Movement.   Response to FPHC‐16  The organization notes that the Draft EIR does not provide illustration showing the height of the  proposed new light poles compared to the height of the new library and the height of the new  residences.  The Draft EIR evaluated lighting and glare impacts in accordance with standard methodology as  described in Section 3.1, Aesthetics.   Response to FPHC‐17  The organization notes that the Draft EIR does not provide illustrations showing daytime and  nighttime views of the proposed light poles from certain viewpoints.                                                                19  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.1‐30 to  3.1‐32. August.   20  International Dark‐Sky Association (IDA). 2018. Ida‐Criteria for Community‐Friendly Outdoor Sports Lighting v1.0. March. Website:  https://www.darksky.org/ida‐announces‐criteria‐for‐community‐friendly‐outdoor‐sports‐lighting/. Accessed October 29, 2019.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐72 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  There is no threshold of significance that would require daytime visual simulations. The Draft EIR  evaluates the proposed plan (including the light poles) in accordance with the qualitative thresholds  of significance set forth by the City. In accordance with MM AES‐4, the light poles would use  minimally reflective glass that would minimize reflective glare.21 In addition, there are light poles of  similar height to the north of the plan area used to light the Pleasant Hill Middle School track.  Furthermore, views from the plan area towards surrounding hillsides or mountains, including Mount  Diablo, are currently partially or completely obstructed due to intervening trees and development.  Therefore, the light poles would not obstruct views of scenic vistas.  A Draft EIR is not required to evaluate a project from every possible viewpoint. The four viewpoints  selected for the Draft EIR visual impact analysis provide a representative cross‐section of visual  images and information about the existing aesthetic conditions of the immediate surrounding area.  These locations represent publicly accessible views for a variety of observers in the area, ranging  from motorists traveling along Oak Park Boulevard, located south of the plan area, to pedestrians  and bicyclists traveling along the EBMUD trail or urban sidewalks. Various publicly accessible  locations in the Pleasant Hill area offer views toward and/or through the plan area.22  Response to FPHC‐18  The organization asserts that no baseline noise measurements were gathered between 7:00 p.m.  and 10:00 p.m. despite potential games lasting until 10:00 p.m.  In regards to noise impacts from ball field activity during evening hours, see Response to BADE.2‐2.  Furthermore, the noise impact analysis was performed in response to the CEQA checklist question,  Would the project generate a substantial temporary or permanent increase in  ambient noise levels in the vicinity of the plan area in excess of standards  established in the local general plan or noise ordinance, or applicable standards of  other agencies?    The analysis identified that the applicable noise performance standard established by the City for  stationary noise sources is 50 A‐weighted decibel (dBA) community noise equivalent level (CNEL) for  receiving residential land uses. The noise analysis provided in the Draft EIR shows that stationary  noise sources associated with implementation of the proposed plan would not result in an  exceedance of this standard as measured at any receiving residential land use in the plan area.  Furthermore, the analysis showed that existing traffic noise levels along roadway segments in the  plan area range from 53.0 dBA to 63.7 dBA CNEL as measured at 50 feet from the center of the  nearest travel lane.23 Therefore, noise from the proposed ball field activities would not exceed  existing background noise levels in the plan area (since ball field activities would not exceed the  noise performance standard of 50 dBA CNEL as measured at receiving residential land uses).  Therefore, the analysis shows that the activities associated with the proposed ball fields would not  generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the                                                               21  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.1‐37. August.  22  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.1‐3 and  3.1‐4. August.  23  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.10‐25  through 3.10‐28. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐73  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  plan area in excess of standards established in the local general plan or noise ordinance, or  applicable standards of other agencies, and the impact would be less than significant.   Response to FPHC‐19  The organization states that the Draft EIR does not indicate whether or not there will be amplified  loudspeakers at the ball games.   There will be no amplified loudspeakers at the ball games, and no additional analysis is required.   Response to FPHC‐20  The organization asserts that the Draft EIR does not quantify and disclose the projected increase in  the volume and rate of stormwater runoff into Grayson Creek.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to FPHC‐21  The organization asserts that the Draft EIR does not quantify and disclose how much expected  stormwater runoff would be contained on‐site and how much would be directed into Grayson Creek,  especially during major storm events.  Grayson Creek currently has the capacity to contain a 5‐year storm event. With the proposed  drainage improvements, Grayson Creek will continue to have sufficient capacity to contain a 5‐year  storm event as discussed on page 3.8‐26 of the Draft EIR in Section 3.8, Hydrology and Water  Quality.24 The stormwater runoff from the proposed plan area would be contained on‐site in the  bioretention basin during low intensity storm events. In larger storm events, the on‐site runoff will  be directed northward to the proposed ball field and then discharge from the proposed 15‐inch  outfall at Grayson Creek after tailwater conditions in the Creek have receded. Studies, including  modeling, were performed for the 100‐year storm event to determine the volume to be stored on‐ site so that post‐construction downstream conditions would be similar to the pre‐construction  downstream conditions. This served as guidance for the proposed grading of the athletic fields.  Models for the final proposed grading will be updated in the Revised Floodplain Evaluation Report as  design work nears completion.   Response to FPHC‐22  The organization asserts that the Draft EIR does not quantify and disclose the protected increase in  polluted runoff unto Grayson Creek.   As part of the permitting process, SWPPPs were prepared for the Civic Project and the Residential  Project. The SWPPPs include BMPs that ensure a reduction of pollutants from construction activities  that could potentially enter surface waters or from entering the Ygnacio Valley Groundwater Basin by  preventing pollutants from moving off‐site.25                                                                24  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.10‐25  through 3.10‐26. August.  25  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.8‐20  and 3.8‐21. August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐74 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  During operation of the Civic Project and Residential Project, the projects would be required to  comply with the City of Pleasant Hill NPDES. The Residential Project would be required to comply  with the City of Pleasant Hill NPDES program and the Clean Water Program, and all City Municipal  Code ordinances related to stormwater pollution. Pleasant Hill Municipal Code, Chapter 15.05.050,  would require a stormwater control plan that meets the most recent version of the Contra Costa  Clean Water Program Stormwater C.3 Guidebook. Furthermore, Pleasant Hill Municipal Code,  Chapter 15.05.080, requires post‐construction maintenance of stormwater management facilities.  Chapter 17.35.020 requires stormwater drainage systems to protect off‐site properties from  increased runoff created by development. Therefore, operation‐related project impacts related to  surface and groundwater and respective water quality would be less than significant.26  Response to FPHC‐23  The organization asserts that the Draft EIR does not state whether the Civic Project and Residential  Project are installing permeable materials for parking lots and pathways.   Draft EIR Exhibit 3.8‐4 depicts the proposed previous and impervious surfaces. As shown on that  exhibit, the parking lots would be composed of impervious surfaces and the pathways would be  composed of pervious surfaces.   Response to FPHC‐24  The organization asserts that the Draft EIR does not describe how pollutants such as pesticides,  fertilizers, and deposits of fluids and metals from motor vehicles will be avoided, filtered, or  otherwise removed before they reach Grayson Creek or groundwater resources.   Please refer to Response to FPHC‐24, which provides more detail with respect to pollution during  construction and operation of the proposed plan and explains how water pollution impacts will be  mitigated.   Response to FPHC‐25  The organization states that two bioretention basins are proposed, but are not described in detail.   This comment does not address the adequacy of the Draft EIR. The Draft EIR includes bioretention as  mitigation. Details will be reflected as part of the final design and construction drawings and will  need to comply with C‐3 standards.  Response to FPHC‐26  The organization asserts that the Draft EIR does not discuss the increase in trash and litter, which are  major sources of creek pollution and does not specify how many trash receptacles will be placed  throughout the Civic Project.   As shown in Table 3.15‐3 of the Draft EIR, the library and park are anticipated to produce 153.69 tons  of waste per year, which would represent less than one percent of the total capacity of the ACME  and Keller Canyon Landfills (the landfills that would serve the Civic Project). Trash receptacles would                                                               26  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.8‐21  and 3.8‐22. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐75  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  be emptied on a daily basis. In addition, the bioretention basins would capture trash before it  discharges into the Creek.  In addition, during operation of the Civic Project and Residential Project, the projects would be  required to comply with the City of Pleasant Hill NPDES. The Residential Project would be required to  comply with the City of Pleasant Hill NPDES program, Clean Water Program, and all City Municipal  Code ordinances related to stormwater pollution. Pleasant Hill Municipal Code, Chapter 15.05.050,  would require a stormwater control plan that meets the most recent version of the Contra Costa  Clean Water Program Stormwater C.3 Guidebook. Furthermore, Pleasant Hill Municipal Code  Chapter 15.05.080 requires post‐construction maintenance of stormwater management facilities.  Chapter 17.35.020 requires stormwater drainage systems to protect off‐site properties from  increased runoff created by development. Therefore, operation‐related project impacts related to  surface and groundwater and respective water quality would be less than significant.27  Response to FPHC‐27  The organization asserts the Draft EIR does not provide a complete description of certain Specific  Plan features as requested by the CDFW.   In compliance with Section 1600 of the California Fish and Game Code, the project sponsors for the  Civic Project will submit a notification of Lake and Streambed Alteration Agreement prior to  conducting any construction activities within the Grayson Creek Corridor, defined by the CDFW as  the top of bank plus the outer edge of the dripline of riparian vegetation. Measures shall include but  not be limited to the implementation of erosion and bank stabilization measures, riparian habitat  enhancement, and/or restoration and revegetation of the stream corridor habitat at no less than a  1:1 ratio. The details of this mitigation effort shall be outlined in a Habitat Mitigation Monitoring and  Reporting Plan that shall provide the required information to the CDFW and be implemented as part  of the construction of the outfalls.28 The project will adhere to any and all CDFW requirements as  they relate to potential impacts to species and/or the riparian corridor. The City submitted a  notification of Lake and Streambed Alteration Agreement pursuant to Section 1602 of the California  Fish and Game Code. As of November 12, 2019, the CDFW has deemed the application complete.   Response to FPHC‐28  This is an introductory comment that summarizes the assertions in comments FPHC‐29 through  FPHC‐69. Please refer to Responses to FPHC‐29 through FPHC‐69 for detailed responses.  The comment does not identify any areas where the description of the existing environmental  setting fails to meet the legal requirements nor does it identify any significant impacts that are not  adequately discussed in the EIR or that would require additional review based on an incorrect  baseline. Therefore, nothing raised in the comment supports a flawed analysis of environmental  impacts.                                                               27  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.8‐21  and 3.8‐22. August.  28  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐34.  August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐76 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to FPHC‐29  The organization asserts that the Draft EIR should include a view towards the Grayson Creek Corridor  and Mount Diablo, which is provided as comment FPHC‐69.   A Draft EIR is not required to evaluate a project from every possible viewpoint. The four viewpoints  chosen provide a representative cross‐section of visual images and information about the existing  aesthetic conditions of the immediate surrounding area. These locations represent publicly  accessible views for a variety of observers in the area, ranging from motorists traveling along Oak  Park Boulevard, located south of the plan area, to pedestrians and bicyclists traveling along the  EBMUD trail or urban sidewalks. Various publicly accessible locations in the Pleasant Hill area offer  views toward and/or through the plan area.29  In addition, the comment notes that there is an unbroken tree line along the Grayson Creek riparian  corridor. This revision is included in Section 3: Errata. This revision does not materially impact the  analysis provided in the Draft EIR.  Response to FPHC‐30  This comment requests detailed lighting information.   Please refer to Master Response 4—Lighting.  Response to FPHC‐31  This comment addresses concerns about lighting and light spillover impacts on wildlife.   Please refer to Master Response 5—Lighting Impacts to Wildlife Movement.  Response to FPHC‐32  This comment addresses concerns about lighting impacts on residences south of the project and  planned residences west of the project.   Please refer to Master Response 4—Lighting.   Response to FPHC‐33  The organization asserts that the Draft EIR does not address lighting and light spillover impacts on  dark sky resources.   The Pleasant Hill 2003 General Plan does not include a definition of or protection for dark sky  resources. CEQA requires an analysis of whether a project would “create a new source of substantial  light or glare which would adversely affect day or nighttime views in the area?”. The Draft EIR properly  identified the relevant thresholds and adequately evaluates lighting impacts associated with the  proposed plan and contains substantial evidence that neither the Civic Project nor the Residential  Project would result in any impact with respect to light and glare.30 Please refer to Master Response  4—Lighting, as well as the photometric plans included in Appendix A of this Final EIR.                                                               29  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.1‐3 and  3.1‐4. August.  30  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.1‐30 through  3.1‐37. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐77  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to FPHC‐34  The organization expresses concern about the proposed ball field lighting and asserts that the  proposed lighting is inconsistent with the facility/amenity priorities document in the Recreation and  Park District’s Parks, Facilities, and Recreation Master Plan.   The Recreation and Parks District has been closely involved in the design and planning of the Civic  Project, including identifying the Recreation and Parks objectives, drafting a description of the  proposed Recreation and Parks Department improvements associated with the Civic Project, and  carefully reviewing and commenting on the internal Draft EIR to ensure its accuracy in evaluating  potential impacts associated with the Recreation and Parks components of the Civic Project.  Please refer to Master Response 4—Lighting, as well as the photometric plans included in Appendix A.  Response to FPHC‐35  The organization asserts that the Draft EIR’s analysis of the proposed plan’s impacts on scenic vistas  is incomplete.   As described in Impact AES‐1, “[a] significant impact would occur in the implementation of the  proposed plan results in a substantial adverse effect on a scenic vista as identified in the Pleasant Hill  2003 General Plan.”31 Implementation of the proposed plan would result in the construction of new  buildings and associated lighting in the plan area. However, views from Oak Park Boulevard, a City‐ designated scenic corridor, would remain unchanged. Views from the plan area towards surrounding  hillsides or mountains, including Mount Diablo, are currently partially or completely obstructed due  to trees and development. The proposed building heights and setbacks for all residential and  nonresidential uses covered by the Specific Plan would be consistent with the Specific Plan  Development Standards. As such, scenic vistas from gateways, key streets, scenic corridors, and  scenic routes would not be obstructed or degraded as a result of the implementation of the  proposed plan.   The Pleasant Hill 2003 General Plan provides for the day‐to‐day physical development decisions that  shape the social, economic, and environmental character of the City. As demonstrated in Table 3.9‐8  in the Draft EIR, the proposed plan is consistent with the Pleasant Hill 2003 General Plan.32 The Draft  EIR appropriately discusses that the Civic Project and Residential Project would result in the  development of the plan area in a manner that maintains the surrounding neighborhood character  and would enhance existing civic and recreational uses. The proposed plan includes light poles  ranging in heights of 40 to 70 feet. These poles will not significantly impact the existing environment  based on the City’s thresholds of significance.   The City may exercise its own judgment in determining an appropriate standard of significance for  evaluating aesthetic impacts. (See, e.g., Clover Valley Foundation v. City of Rocklin (2011) 197 CA 4th  200 [upholding agency’s determination that aesthetic impacts were insignificant within context of  existing residential development in area even though the project resulted in “high level” of change]).                                                               31  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.1‐25  and 3.1‐26. August.  32  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.9‐19  through 3.9‐30. August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐78 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  As encouraged under CEQA, the City applied the following qualitative thresholds based on adopted  policies and guidelines, to determine if the proposed plan would have a significant effect:   Block existing views from a City‐designated scenic routes and corridors toward a City  designated visual/scenic resource (e.g., ridgeline)     Be inconsistent with the character of the plan area or existing development in the surrounding  area or would substantially alter existing natural topography     Increase existing nighttime light or daytime glare sources in the plan area or vicinity in a  manner that would substantially affect nighttime or daytime views.    Based on these thresholds, the Draft EIR did not identify any significant and unavoidable impacts.   With respect to the light poles, the light features are spaced intermittently. There is no evidence that  they will block any views or be inconsistent with the character of the area. Nor will they result in a  substantial change in topography. In addition, the light poles are of a similar height as the existing  light poles to the north of the plan area used to light the Pleasant Hill Middle School track. The light  poles will not have significant and adverse impacts on nighttime views.   Further, the Draft EIR determined that the proposed plan would improve the overall appearance of  the area and that new trees would complement the existing riparian vegetation. Native or climate  appropriate buffer planting would also be planted along all street fronts and throughout the area  abutting the Grayson Creek Corridor to enhance the view of the Grayson Creek Corridor.33 The tree  line would also be enhanced by the preservation of existing mature trees and replacement  landscaping.34 Vehicles, bicyclists, and pedestrians traveling eastbound along Oak Park Boulevard  through the plan area have intermittent views of Mount Diablo. The existing views of Mount Diablo  from Monticello Avenue are obstructed by intervening trees and only the top portion of the  mountain is visible.35 As demonstrated in the EIR, with implementation of the proposed plan, views  toward Mount Diablo from Oak Park Boulevard would remain, and the implementation of the  proposed plan would not affect the existing views.36   Nighttime views were also thoroughly addressed in the Draft EIR. Draft EIR Exhibits 3.1‐2 through  3.1‐7 demonstrate both the existing and the proposed daytime and nighttime views from the  identified viewpoints. The Draft EIR determined that the proposed nighttime lighting would not  significantly change the light setting in the area. The photometric for the athletics fields and the  proposed library have been peer reviewed by an independent consultant who suggested  refinements that were incorporated into the proposed selection of fixtures. Additionally, the Civic  Project would comply with Section 18.55.140 and Section 18.60.050 of the Pleasant Hill Municipal  Code, which requires certain screening, lighting, and landscaping features for parking areas. Lighting  on the athletic fields would be used Monday through Friday after school until 10:00 p.m., and on  Saturdays and Sundays from 8:00 a.m. to 10:00 p.m. Lighting along the pedestrian pathway would                                                               33  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐19. August.  34  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐29. August.  35  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐3. August.  36  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐26. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐79  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  also be shut off at 10:00 p.m. Therefore, there would not be any significant adverse impacts on  scenic resources.   Response to FPHC‐36  The organization asserts that the 70‐foot‐tall light towers would be out of character with the site and  would have an adverse impact of existing public review of the site.   Please see Master Response 4—Lighting and Response to FPHC‐35. As described in the Draft EIR  there would be no significant impacts on the quality of public views of the site. As shown in Exhibit  3.1‐2 through Exhibit 3.1‐7, which include pictures of the proposed lighting poles, the existing  daytime and nighttime views from the identified viewpoints are not substantially impacted by the  proposed plan. The suggestion to limit the Civic Project component lights to the same height as the  streetlights included in the new library building would not be feasible as it would not allow for  sufficient lighting to safely illuminate the athletic fields.   Response to FPHC‐37  The organization asserts that the Draft EIR’s analysis of light and glare is incomplete and express  concern related to increase in ALAN.   Please refer to Master Response 4—Lighting.  Response to FPHC‐38  The organization requests clarification for the location and direction of the ball field lighting and  library facility lighting.   Please refer to Master Response 4—Lighting, as well as the photometric plans included in Appendix A.  Response to FPHC‐39  This comment addresses concerns about lighting impacts on residences south of the project and  planned residences west of the project.   Please refer to Master Response 4—Lighting.   Response to FPHC‐40  The organization asserts that the Draft EIR should include a view towards the Grayson Creek Corridor  and Mount Diablo, which the commenter includes as an attachment to the comment letter. The  commenter also notes that the Draft EIR does not include a view from the proposed library north  towards the proposed park.   Please refer to Response to FPHC‐29.  Response to FPHC‐41  The organization asserts that there is no need for additional lighted ball fields and that youth ball  games would not require lighting for most of the year.   There are several months where it gets dark before 8:00 p.m. and lighting would be required for  youth sports as well as for the adult games. The Recreation and Parks District has been closely  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐80 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  involved in the design and planning of the Civic Project, and has determined the need for additional  lighted ball fields. The Civic Project would also include a pedestrian trail immediately west of  Grayson Creek Corridor that would help meet the need for multiuse paved trails as identified in the  Recreation and Park District’s Master Plan.   Response to FPHC‐42  The organization asserts that the Draft EIR does not specify how much light will be entering the  Grayson Creek riparian corridor or analyze the impacts on wildlife.   The Draft EIR analysis potential lighting impacts on wildlife for both the Civic Project and the  Residential Project. Please see Master Response 5—Lighting Impacts to Wildlife Movement.   Response to FPHC‐43  This comment addresses concerns about lighting impacts on residences south of the project and  planned residences west of the project.   Please refer to Master Response 4—Lighting.  Response to FPHC‐44  This comment requests justification for lighting along the proposed pedestrian trail. The commenter  notes that neither the Iron Horse Trail nor the Creek Walk Trail include lighting.   The proposed pedestrian trail would provide a pedestrian connection for the library and the athletic  fields as well as Pleasant Oaks Park to the north and residences to the south. Lighted bollards would  be provided along the southern portion of the trail (from Oak Park Boulevard to just south of the  library parking lot). The lighting along this portion of the pedestrian trail would allow lighted  pedestrian access during evening hours while the library and athletic fields are in operation.   Response to FPHC‐45  This comment summarizes the assertions in comments 29 through 45.   Please refer to Responses FPHC‐29 through FPHC‐45 for detailed responses.   Response to FPHC‐46  The organization asserts that Grayson Creek is a sensitive habitat and has been recognized as an  eBird public “Hotspot” with 70 species of birds documented over 24 months by a field survey  conducted by (FPHC and Mount Diablo Audubon Society (MDAS), and the commenter lists some of  the species documented on or near the site.   Please refer to Response to FPHC‐2.  Response to FPHC‐47  The organization notes that raptor species have been documented in the Grayson Creek Corridor at  or near the Civic Project site.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐81  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Prior to ground disturbance and/or tree removal, pre‐construction surveys as outlined in MM BIO‐1a37  will be conducted to determine presence of birds species protected by the MBTA, including raptors.  Response to FPHC‐48  The organization notes that river otters have been documented in the Grayson Creek Corridor at the  Civic Project site.   Two subspecies of American river otter (Lutra canadensis) are recognized by the CDFW. Of these two  subspecies, only the Southwestern river otter (I) is recognized as a Species of Special Concern. The  local otter subspecies, (Lutra canadensis brevipilosus) which inhabits the northern portion of the  State, is not recognized as a Species of Special Concern, and is therefore not protected under CEQA.  FCS’s literature search found no records of river otters occurring within Grayson Creek within the  Civic Project site. According to River Otter Ecology Project, otter sightings have been reported in the  Grayson Creek watershed.38 Furthermore, the site currently does not contain quality foraging habitat  for river otters and the Civic Project would improve the overall habitat of the creek through removal  of non‐native species and planting of native species as outlined in the Habitat Mitigation Monitoring  and Reporting Plan.  Response to FPHC‐49  The organization notes that salmonids have been documented in the Grayson Creek Corridor.   FCS’s California Natural Diversity Database (CNDDB) search found no recent records of salmonids  within the length of Grayson Creek within the plan area (refer to Appendix D in the Draft EIR).  Steelhead trout (Oncorhynchus mykiss) have been documented in the lower Walnut Creek watershed,  however, the likelihood of anadromous fish such as steelhead and Chinook salmon (Oncorhynchus  tshawytscha) occurring within the Grayson Creek watershed remains low because of extensive man‐ made alterations.39 Salmon and steelhead require specific habitat conditions such as suitable spawning  gravel and nursery habitat that is not found in this part of Grayson Creek.40  Response to FPHC‐50  The organization quotes text from Section 3.3, Biological Resources, that states that the “Civic  Project site is located in a highly urbanized environment . . .”41 The organization disagrees with this  statement. The organization points to text from Section 3.1, Aesthetics, which describes the physical  environmental of the City as being “suburban in character.”42   Section 3.3, Biological Resources, of the Draft EIR evaluates the plan area with respect to biological  resources; in that respect, the plan area is urbanized as explained on page 3.3‐27 and 3.3‐28 of the                                                               37  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐28. August.  38  ArcGis (Web Map by lontraroep). 2019. Otter Spotter Web Map. Website: https://www.arcgis.com/home/webmap/viewer.html?  webmap=f77e440efbd241afb1a108c6f5815568&extent=‐124.2259,37.1138,‐120.6938,38.8327. Accessed October 24, 2019.   39  Contra Costa County. 2019. A Brief History of Lower Walnut Creek. Website: https://www.contracosta.ca.gov/5787/A‐Brief‐History‐ of‐Lower‐Walnut‐Creek. Accessed: November 21, 2019.   40  Pacific States Marine Fisheries Commission. No date. Salmonid Habitat Requirements. Website: https://www.psmfc.org/efh/Jan99‐ sec3‐22.html. Accessed: January 2, 2020.   41  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐27. August.  42  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐1. August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐82 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Draft EIR.43 However, the aesthetics character of the City of Pleasant Hill and the area surrounding  the plan area is characterized as suburban as explained on page 3.1‐1 of the Draft EIR.44   Response to FPHC‐51  The commenter asserts that the Draft EIR’s assumption that there has been human activity on the  Civic Project site is incorrect because no human activity has been witnessed during the monthly bird  surveys.  Because the Civic Project site is surrounded by urban uses and development, it is a reasonable  assumption that there is human activity on‐site, which may occur at times other than when the  monthly bird surveys are taking place.   Response to FPHC‐52  The organization notes that they have observed several special‐status species including killdeer  (Charadrius vociferous), Say’s phoebe (Sayornis saya), black phoebe (Sayornis nigricans), red‐ shouldered hawk (Buteo lineatus), white‐crowned sparrow (Zonotrichia leucophrys), American  goldfinch (Spinus tristis), mallard (Anas platyrhynchos), and red‐winged blackbird (Agelaius  phoeniceus) utilizing the Civic Project site open space and its seasonal ponds for foraging and  resting. Regarding the assertion of open space within the plan area, the property is not designated  for open space uses under existing conditions. The plan area does not qualify as open space because  it is an urbanized and developed County property that at one time was developed for educational  uses. The Oak Park Properties Specific Plan proposes to designate the Civic Project site for parks and  recreational fields that will provide active open space should the City approve the Oak Park  Properties Specific Plan. The proposed improvements within the Grayson Creek will enhance the  existing habitat and improve the function of the creek for use by wildlife.   Prior to ground disturbance and/or tree removal, pre‐construction surveys as outlined in MM BIO‐1a45  will be conducted to determine presence of birds species protected by the MBTA, including the birds  noted by the organization (see Section 3.3, Biological Resources, and Appendix D).   Response to FPHC‐53  The commenter asserts that the Civic Project site provides habitat for 66 special‐status (MBTA  protected) birds as well as other species such as river otters.   Please refer to Response to FPHC‐2 and Response to FPHC‐48.  Response to FPHC‐54  The organization asserts that the Draft EIR should address all 66 species of birds protected under the  MBTA that have been documented within the plan area, including five species of raptors.   The Draft EIR is focused on special‐status species that are likely to occur within the plan area and on  the Civic project and Residential Project sites and species that have been previously documented in  the vicinity of the plan area. FCS’s literature search of the plan area and its vicinity recorded fewer                                                               43  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐27 and 3.3‐ 28. August.  44  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.1‐1. August.  45  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐28. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐83  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  than 66 special‐status species occurring in the vicinity of the plan area. Special‐status species are  defined as:   Officially designated “threatened,” “endangered,” or “candidate” species federally listed by  the United States Fish and Wildlife Service (USFWS) and protected under the Federal  Endangered Species Act (FESA).     Officially designated “rare,” “threatened,” “endangered,” or “candidate” species State listed by  the CDFW and protected under the California Endangered Species Act (CESA). The CDFW also  maintains a list of “Fully Protected” species as well as “California Species of Special Concern”  that are also generally included as special‐status species under CEQA.     Species considered rare, threatened, or endangered under the conditions of Section 15380 of  the CEQA Guidelines, such as plant species identified on Lists 1A, 1B, and 2 in the California  Native Plant Society (CNPS) Inventory of Rare and Endangered Vascular Plants of California.     Bat species listed as Medium or High Priority by the Western Bat Working Group.     Other species considered sensitive, such as nests of birds listed in the MBTA, which includes  most native birds, and plants included in Lists 3 and 4 in the CNPS Inventory.    Please refer to Appendix D of the Draft EIR for an inventory of species recorded in the vicinity of the  plan area.  Response to FPHC‐55  The organization asserts that the Civic Project site has the potential to adversely impact special‐ status wildlife species.   Section 3.3, Biological Resources, of the Draft EIR analyzes the potential impact of both the Civic  Project and the Residential Project on special‐status species and includes mitigation (MM BIO‐1a,  MM BIO‐1b, and MM BIO‐1c) to reduce potential impacts to these species to a less than significant  level in accordance with CDFW regulations. Additionally, please see response to FPHC‐27 regarding  impacts to Grayson Creek.   Response to FPHC‐56  With respect to noise from new recreational activities, the organization asserts that the Draft EIR  does not adequately address noise impacts on wildlife, only evaluates the impacts of daytime noise  on humans, and does not analyze the increase of nighttime noise. The organization also asserts that  Section 3.3, Biological Resources, avoids all noise analysis.   The Civic Project site is located within a densely populated area. The site is adjacent to a highly  trafficked road and wildlife species found within the project site and vicinity are adapted to  anthropogenic influences. The development of athletic fields within the Civic Project site will not  result in a significant impact to wildlife species due to increased noise levels as evaluated in Section  3.3, Biological Resources, and Section 3.10, Noise, in the Draft EIR.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐84 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Regarding construction noise, MM BIO‐1a through MM BIO‐1c requires pre‐construction clearance  surveys for nesting birds, nesting bats roosts, and active turtle dens, and requires the creation of  buffer zones for any of these species should they be found on‐site.   MM BIO‐2b requires the project sponsors for the Civic Project to file a notification of CDFW  Streambed Alteration Agreement, implementation of which would mitigate potential construction  impacts (including noise impacts) on riparian habitat and wildlife per applicable CDFW standards.  Therefore, potential construction noise impacts on wildlife located within the Civic Project would be  less than significant with mitigation.  Regarding operational noise, the library would not produce significant noise. As discussed in Impact  NOI‐1, new stationary noise sources associated with the proposed library include mechanical  ventilation equipment, parking lot activity, and recreational activity associated with the new trail  improvements in the Grayson Creek Corridor. The loudest of these stationary noise sources would  be the mechanical ventilation equipment operations and parking lot activities, and the Draft EIR  concluded that operational stationary source noise impact associated with the proposed library  would be less than significant. .46   The project including the recreational fields, are subject to compliance with the noise performance  standards of Section 18.50.060 of the City’s Municipal Code, which limits users from producing noise  levels in excess of 50 dBA CNEL as measured at a receiving residential property line. The CNEL noise  metric accounts for the time varying noise over a 24‐hour period, with a 5 dBA weighting factor  applied to the hourly Leq for noises occurring from 7:00 p.m. to 10:00 p.m. (defined as relaxation  hours) and 10 dBA weighting factor applied to noise occurring from 10:00 p.m. to 7:00 a.m. (defined  as sleeping hours). The noise weighting factors are added to the relaxation and sleeping hours to  account for the fact that most people are more sensitive to noise events during these hours.  Therefore, compliance with the 50 dBA CNEL noise performance standard would ensure that ball  field activities would not result in a noise impact that would result impacts, such as sleep  disturbance, as measured at nearby residential land uses.  While evening ball field activity might constitute a new noise source that could be audible at  receptors in the project vicinity, including wildlife, they would not constitute a significant noise  impact compared to the applicable noise performance thresholds established by the City.  It should further be noted that the ball fields would not be in use past 10:00 p.m. Softball or soccer  games would not occur at the same time, as these activities would use the same fields. These  activities are expected to include primarily participants with a minimal number of spectators. A  conservative estimate of total users during these evening activities would be approximately 30 team  members and an estimated five spectators total. The nearest residential land uses to the proposed  ball fields at the properties to the east of the project site on St. Lawrence Way, located over 200 feet  from the nearest acoustic center of ball field activity. At this distance, noise levels from ball field  activities would attenuate by more than 20 dBA compared to noise levels experienced at the  sidelines of the ball fields. Under quiet conditions in a free field, an adult male shouting can produce                                                               46  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.10‐27 and  3.10‐28. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐85  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  noise levels of up to 62 dBA Lmax as measured at 50 feet. At 200 feet, maximum noise levels from an  adult male shouting would attenuate to below 50 dBA Lmax. Therefore, noise levels from the  projected number of participants playing on the ball fields (spread out as they play their various  positions) would not result in noise levels that would exceed the City’s weighted 24‐hour average  noise performance standard of 50 dBA CNEL as measured at the nearest residential property line.   As an additional point of reference, existing background traffic noise levels along roadway segments  in the plan area range from 53.0 dBA to 63.7 dBA CNEL as measured at 50 feet from the center of the  nearest travel lane. Thus, project related ball field activities would also not exceed existing  background traffic noise levels experienced in the project vicinity.  The use of the ballfields would not constitute a significant increase in the amount of noise in the  area and would not expose wildlife to a substantial increase in noise such that there would be an  adverse impact to the wildlife. Given that the wildlife in this area has been exposed to noise at night  (e.g. noise from residences, traffic noise, noise from the existing middle school), the wildlife within  this urban environment is habituated to nighttime noise.   Therefore, based on the industry standard guidance for evaluating potential noise impacts, the  operational stationary source noise impact at the proposed park would be less than significant, for  both humans and wildlife.  Response to FPHC‐57  The organization asserts that there is insufficient analysis of the potential impacts of increased  volume, flow rate, and polluted runoff on the riparian habitat. The organization also asks if native  cattails (Typhaceae) growing in the creek channel will be protected.  The project sponsor for the Civic Project has submitted a notification of Lake and Streambed  Alteration Agreement (LSAA) to the CDFW to address impacts to riparian features. The regulatory  permitting process and consultation with the CDFW will verify the scope of the mitigation for the  Civic Project. Moreover, the Habitat Mitigation and Monitoring Reporting Plan provides measures to  ensure the replanting of native vegetation is successful, leaving the creek and its associated riparian  corridor with higher quality riparian habitat. As of November 12, 2019, the CDFW has determined  the application complete. The CDFW is now preparing the terms of the LSAA. With respect to  potential impacts to water quality, please refer to Section 3.8, Hydrology and Water Quality, and  Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.  Regarding the protection of cattails, existing cattails outside the plan area will be avoided. Any  existing cattails within the outfall improvement areas would be removed; however, cattails are  expected to recolonize the wettest areas of Grayson Creek within the plan area.  Response to FPHC‐58  The organization expresses concern about light spillover into the riparian corridor. Please refer to  Master Response 5—Lighting Impacts to Wildlife Movement.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐86 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to FPHC‐59  The organization asserts that the Draft EIR fails to analyze the impacts of the increase of artificial  light on wildlife.   Please refer to Master Response 4—Lighting, and Master Response 5—Lighting Impacts to Wildlife  Movement.  Response to FPHC‐60  The organization expresses concern about bird strike at the proposed library.   Because the library building would not be significantly taller than the buildings in the immediate  vicinity, it does not pose an increased risk of bird strike and no additional measures are necessary.   Response to FPHC‐61  This comment summarizes the assertions in comments 46 through 60.   Please refer to Responses FPHC‐46 through FPHC‐60 for detailed responses.   Response to FPHC‐62  The organization asserts that the Draft EIR fails to quantify the projected increase in volume and rate  of stormwater runoff, including polluted runoff, into Grayson Creek and fails to analyze the potential  impacts to Grayson Creek’s water quality, flow rate, bank stability, riparian habitat, and downstream  flood risk. In addition, the comment notes that stormwater regulatory requirements typically require  zero increase in stormwater contributions.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements, and  Response to FPHC‐22 (which discusses polluted runoff during both construction and operation of the  Civic Project and Residential Project).   Response to FPHC‐63  The organization asserts that the Draft EIR does not provide justification for riprap and suggests a  stabilization alternative.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to FPHC‐64  The organization asserts that the Draft EIR fails to adequately analyze the environmental impacts of  increased noise levels produced by certain recreational activities (ball games) in the plan area and on  noise sensitive receptors, particularly during the 7:00 p.m. to 10:00 p.m. timeframe. The  organization then lists noise sensitive receptors.   Please refer to Response to BADE.2‐2 for a discussion of potential noise impacts on residences and  libraries and Response to FPHC‐56 for potential noise impacts of wildlife within Grayson Creek.   Response to FPHC‐65  The organization states that no baseline noise measurements were gathered between 7:00 p.m. to  10:00 p.m. despite potential games lasting until 10:00 p.m.   City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐87  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Please refer to Response to FPHC‐18.   Response to FPHC‐66  The organization asserts that the Draft EIR did not provide data on noise levels or usage statistics for  the existing ball field activities or for the proposed facilities.   For noise impacts related to background noise levels and the potential noise impacts associated with  ball field activities, please refer to Response to BADE.2‐2 and Response to FPHC‐18.  Response to FPHC‐67  The organization states that noise from nighttime ball games, including the use of loudspeakers and  stomping on bleachers, could severely impact surrounding suburban neighborhoods. The  organization asserts that the Draft EIR’s claim that the Civic Project would not result in a doubling of  users of recreational activities already occurring in the plan area is unsubstantiated, and that  nighttime games would generate additional noise compared to baseline noise levels.   There will be no amplified loudspeakers at the ball games, and no additional analysis is required. For  noise impacts related to background noise levels and the potential noise impacts associated with  ball field activities, see Response to BADE.2‐2 and Response to FPHC‐18.   The analysis identified that the applicable noise performance standard established by the City for  stationary noise sources is 50 dBA CNEL for receiving residential land uses. The noise analysis  provided in the Draft EIR shows that stationary noise sources associated with implementation of the  project would not result in an exceedance of this standard as measured at any receiving residential  land use in the plan area.  Response to FPHC‐68  The organization recommends a redesign of the park component of the Civic Project. CEQA requires  that a Final EIR address comments on the adequacy of the Draft EIR (PRC § 21091(d)(2)(B); CEQA  Guidelines § 15088(c)).   CEQA considerations are limited to environmental issues and the potential impacts of the project on  the environment. This comment does not relate to an environmental issue or topical area that is  addressed within the Draft EIR. The comment is noted.  Response to FPHC‐69  This comment includes Figure A‐1 referenced in comment FPHC‐17, FPHC‐29, and FPHC‐36.    THIS PAGE INTENTIONALLY LEFT BLANK  October 15, 2019 Troy Fujimoto, Acting City Planner Via email: tfujimoto@pleasanthillca.org City of Pleasant Hill 100 Gregory Lane Pleasant Hill, CA 94523 RE: Oak Park Properties Specific Plan (Project) Environmental Impact Report (EIR) Avian Species Data for Grayson Creek Corridor Dear Mr. Fujimoto: On behalf of Friends of Pleasant Hill Creeks (FPHC) and Mt. Diablo Audubon Society (MDAS), we are writing to submit avian species data relevant to the EIR for the above referenced Project. Friends of Pleasant Hill Creeks is an all-volunteer nonprofit organization of Pleasant Hill residents who care about our creeks. Mt. Diablo Audubon Society is a chapter of National Audubon Society and is committed to the sustainable balance of our community’s people, birds, other wildlife, and habitat through conservation, education, and advocacy. Since 2017, FPHC and MDAS have been collaborating on the Grayson Creek Bird Survey, a joint community science project to document avian biodiversity in Grayson Creek in Pleasant Hill. The survey study area includes the section of the Grayson Creek corridor that crosses the 10-acre Civic Project site. MDAS members with significant expertise in habitat assessment and bird identification worked with FPHC to design the monthly survey, which is modeled on the Audubon Society’s Christmas Bird Count, one of the oldest and largest citizen science programs in the country. Over 24 months (November 2017 to October 2019), the survey documented 70 species of birds on or near the Project site, including 66 species of native and migratory birds and 5 species of raptors. Based on these data, the Grayson Creek corridor at Oak Park Blvd. has been designated an eBird public “Hotspot.” (https://ebird.org/hotspot/L9110333) Attached are lists of the species documented by the survey as well as two years of month-by-month data. These data demonstrate that the Grayson Creek riparian corridor is a sensitive habitat for native and migratory birds, including raptors. Accordingly, the EIR should specifically evaluate impacts on avian wildlife of tree removal, increases in night light pollution from operation of the Project, increases in noise from construction and operation of the Project, the risk of collisions between birds and windows, and the hydro-modification related disruption of the natural ecology of the creek, which may affect the food chain. We note with appreciation that the Civic Project includes installation of riparian habitat buffer and a creekside trail. We look forward to working with the community to support bird-friendly educational and recreational opportunities, such as naturalist programs and interpretative signage. Thank you for your consideration of these comments. Sincerely, Alan Bade Nancy Wenninger Leader, Grayson Creek Bird Survey Conservation Chair Co-Founder, Friends of Pleasant Hill Creeks, Mt. Diablo Audubon Society A Project of SEE P.O. Box 53 25A Crescent Drive #245, Pleasant Hill, CA 94523 Walnut Creek, CA 94597-0053 Enc. FPHC + MDAS Page 1 of 11 1 2 ta -- Friends of Pleasant Hill Creeks Mm1nl IJi.thlnJ\11dulm11 Society  Grayson Creek Bird Survey Species List Grayson Creek Riparian Corridor from Oak Park Blvd. to Beatrice Rd., Pleasant Hill, CA November 2017—October 2019 1. Canada Goose (Branta canadensis) 2. Mallard (Anas platyrhynchos) 3. Hooded Merganser (Lophodytes cucullatus) 4. Wild Turkey (Meleagris gallopavo) 5. Rock Pigeon (Columba livia) 6. Mourning Dove (Zenaida macroura) 7. Black-chinned Hummingbird (Archilochus alexandri) 8. Anna’s Hummingbird (Calypte anna) 9. Killdeer (Charadrius vociferous) 10. Ring-billed Gull (Larus delawarensis) 11. California Gull (Larus californicus) 12. Great Blue Heron (Ardea Herodias) 13. Great Egret (Ardea alba) 14. Green Heron (Butorides virescens) 15. Black-crowned Night-Heron (Nycticorax nycticorax) 16. Northern Harrier (Circus hudsonius) 17. Sharp-shinned Hawk (Accipiter striatus) 18. Cooper’s Hawk (Accipiter cooperii) 19. Red Shouldered Hawk (Buteo lineatus) 20. Belted Kingfisher (Megaceryle alcyon) 21. Red-breasted Sapsucker (Sphyrapicus ruber)22. Acorn Woodpecker (Melanerpes formicivorus) 23. Downy Woodpecker (Dryobates pubescens) 24. Nuttall’s Woodpecker (Dryobates nuttallii) 25. Northern Flicker (Colaptes auratus) 26. American Kestrel (Falco sparverius) 27. Willow Flycatcher (Empidonax traillii) 28. Pacific-slope Flycatcher (Empidonax difficilis) 29. Black Phoebe (Sayornis nigricans) 30. Say’s Phoebe (Sayornis saya) 31. Hutton’s Vireo (Vireo huttoni) 32. California Scrub-Jay (Aphelocoma californica) 33. American Crow (Corvus brachyrhynchos) 34. Common Raven (Corvus corax) 35. Chestnut-backed Chicadee (Poecile rufescens) 36. Oak Titmouse (Baeolophus inornatus) 37. Northern Rough-winged Swallow (Stelgidopteryx serripennis) 38. Violet-green Swallow (Tachycineta thalassina) 39. Oak Titmouse (Psaltriparus minimus) 40. Wrentit (Chamaea fasciata) 41. Ruby-crowned Kinglet (Regulus calendula) 42. White-breasted Nuthatch (Sitta carolinensis) 43. Marsh Wren (Cistothorus palustris) 44. Bewick’s Wren (Thryomanes bewickii) 45. European Starling (Sturnus vulgaris) 46. Northern Mockingbird (Mimus polyglottos) 47. Western Bluebird (Sialia Mexicana) 48. Hermit Thrush (Catharus guttatus) 49. American Robin (Turdus migratorius) 50. Cedar Waxwing (Bombycilla cedrorum) 51. House Sparrow (Passer domesticus) 52. House Finch (Haemorhous mexicanus) 53. Purple Finch (Haemorhous purpureus) 54. Lesser Goldfinch (Spinus psaltria) 55. American Goldfinch (Spinus tristis) 56. Fox Sparrow (Passerella iliaca) 57. Dark-eyed Junco (Junco hyemalis) 58. White-crowned Sparrow (Zonotrichia leucophrys) 59. Golden-crowned Sparrow (Zonotrichia atricapilla) 60. Song Sparrow (Melospiza melodia) 61. Lincoln’s Sparrow (Melospiza lincolnii) 62. California Towhee (Melozone crissalis) 63. Spotted Towhee (Pipilo maculatus) 64. Hooded Oriole (Icterus cucullatus) 65. Bullock’s Oriole (Icterus bullockii) 66. Red-winged Blackbird (Agelaius phoeniceus) 67. Brown-headed Cowbird (Molothrus ater) 68. Brewer’s Blackbird (Euphagus cyanocephalus) 69. Yellow-rumped Warbler (Setophaga coronate) 70. Western Tanager (Piranga ludoviciana) Total Species: 70 Total Native and Migratory Species: 66 Total Raptor Species: 5 Data Source: Grayson Creek Bird Survey, a joint community science project of Friends of Pleasant Hill Creeks (a project of SEE) and Mt. Diablo Audubon Society. Updated: 10/14/19. Study Area: Grayson Creek Riparian Corridor and associated open space from Oak Park Blvd. to Beatrice Rd., Pleasant Hill, CA Contact: pleasanthillcreeks@gmail.com FPHC + MDAS Page 2 of 11 3 ta -- Friends of Pleasant Hill Creeks Mm1nl IJi.thlnJ\11dulm11 Society Grayson Creek (Oak Park Blvd) Contra Costa, US-CA eBird Hotspot - Location https://ebird.org/hotspot/L9110333 About eBird eBird is the world’s largest biodiversity-related citizen science project, with more than 100 million bird sightings contributed each year by eBirders around the world. A collaborative enterprise with hundreds of partner organizations, thousands of regional experts, and hundreds of thousands of users, eBird is managed by the Cornell Lab of Ornithology. https://ebird.org/about FPHC + MDAS Page 3 of 11 3 CONT eBird Submit Explore My e Bird Science About News He lp -~ Enter hotspot name ... rayso + odge !-smith I Park n 0 " l 11. i S' AlklnW~ 11. gers Ranch A age Center Y Twith''(o""PI \ !l ~·· "' Boyd Rd Pleasant Hill l!!!i Elementary School Y Oak Par!< Blvd St artyn Or S)lron Dt ,t,1 Colli11s Dr ~,S i ~ ! Cha ucMOr ~ % '} KooeJapan f t I i !, ' s ; • dldJ j ~ ! ~ i; Downtown Pleasant Hill 0 Grayson Creek (Oak Park Blvd) Contra Costa, US-CA Year-round , All Years Cl 70 ii 32 Species Checklists Bar Charts I Hi gh Co un ts I Directions Submit Data M·Nii X rting Goods Q al Site of A eslclence Y f .., i ., Tonoln Pleasant Hill Library -Contra Costa County ... Best Buy Q ,, qsafeway ' Oak Park Blvd McNuttAve S. Roger~ A11e ~ U,,.J ___ .,.. Back Fo,:ty Texas BBQ Oak pa,'/, Blvd ' Park Regency Q J Hookston I \ 11. 1' 1 Mayhew w, LudtM Dr 10/13/2019 Grayson Creek (Oak Park Blvd) Life List https://ebird.org/MyEBird?cmd=list&rtype=loc&r=L9110333&time=life 1/2 download (csv) Updated 1 sec ago. « back Grayson Creek (Oak Park Blvd) Life List Alphabetic Taxonomic Location S/P Date 1 Canada Goose Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 2 Mallard Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 3 Hooded Merganser Grayson Creek (Oak Park Blvd)US-CA 26 Jan 2018 View All 4 Wild Turkey Grayson Creek (Oak Park Blvd)US-CA 15 Apr 2018 View All 5 Rock Pigeon Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 6 Mourning Dove Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 7 Black-chinned Hummingbird Grayson Creek (Oak Park Blvd)US-CA 16 Jun 2019 View All 8 Anna's Hummingbird Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 9 Killdeer Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 10 Ring-billed Gull Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 11 California Gull Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 12 Great Blue Heron Grayson Creek (Oak Park Blvd)US-CA 18 Feb 2018 View All 13 Great Egret Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 14 Green Heron Grayson Creek (Oak Park Blvd)US-CA 17 Jun 2018 View All 15 Black-crowned Night-Heron Grayson Creek (Oak Park Blvd)US-CA 17 Jun 2018 View All 16 Northern Harrier Grayson Creek (Oak Park Blvd)US-CA 24 May 2019 View All 17 Sharp-shinned Hawk Grayson Creek (Oak Park Blvd)US-CA 29 Sep 2019 View All 18 Cooper's Hawk Grayson Creek (Oak Park Blvd)US-CA 21 Oct 2018 View All 19 Red-shouldered Hawk Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 20 Belted Kingfisher Grayson Creek (Oak Park Blvd)US-CA 26 Jan 2018 View All 21 Red-breasted Sapsucker Grayson Creek (Oak Park Blvd)US-CA 26 Jan 2018 View All 22 Acorn Woodpecker Grayson Creek (Oak Park Blvd)US-CA 25 Aug 2019 View All 23 Downy Woodpecker Grayson Creek (Oak Park Blvd)US-CA 16 Sep 2018 View All 24 Nuttall's Woodpecker Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 25 Northern Flicker Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 26 American Kestrel Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 27 Willow Flycatcher Grayson Creek (Oak Park Blvd)US-CA 25 Aug 2019 View All 28 Pacific-slope Flycatcher Grayson Creek (Oak Park Blvd)US-CA 25 Aug 2019 View All 29 Black Phoebe Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 30 Say's Phoebe Grayson Creek (Oak Park Blvd)US-CA 30 Nov 2018 View All 31 Hutton's Vireo Grayson Creek (Oak Park Blvd)US-CA 16 Sep 2018 View All 32 California Scrub-Jay Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 33 American Crow Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 34 Common Raven Grayson Creek (Oak Park Blvd)US-CA 15 Apr 2018 View All Menu FPHC + MDAS Page 4 of 11 3 CONT T eBird 10/13/2019 Grayson Creek (Oak Park Blvd) Life List https://ebird.org/MyEBird?cmd=list&rtype=loc&r=L9110333&time=life 2/2 35 Chestnut-backed Chickadee Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 36 Oak Titmouse Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 37 Northern Rough-winged Swallow Grayson Creek (Oak Park Blvd)US-CA 17 Jun 2018 View All 38 Violet-green Swallow Grayson Creek (Oak Park Blvd)US-CA 28 Apr 2019 View All 39 Bushtit Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 40 Wrentit Grayson Creek (Oak Park Blvd)US-CA 28 Apr 2019 View All 41 Ruby-crowned Kinglet Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 42 White-breasted Nuthatch Grayson Creek (Oak Park Blvd)US-CA 20 May 2018 View All 43 Marsh Wren Grayson Creek (Oak Park Blvd)US-CA 29 Sep 2019 View All 44 Bewick's Wren Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 45 European Starling Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 46 Northern Mockingbird Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 47 Western Bluebird Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 48 Hermit Thrush Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 49 American Robin Grayson Creek (Oak Park Blvd)US-CA 26 Jan 2018 View All 50 Cedar Waxwing Grayson Creek (Oak Park Blvd)US-CA 18 Mar 2018 View All 51 House Sparrow Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 52 House Finch Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 53 Purple Finch Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 54 Lesser Goldfinch Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 55 American Goldfinch Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 56 Fox Sparrow Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 57 Dark-eyed Junco Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 58 White-crowned Sparrow Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 59 Golden-crowned Sparrow Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 60 Song Sparrow Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 61 Lincoln's Sparrow Grayson Creek (Oak Park Blvd)US-CA 13 Oct 2019 View All 62 California Towhee Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 63 Spotted Towhee Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 64 Hooded Oriole Grayson Creek (Oak Park Blvd)US-CA 19 Aug 2018 View All 65 Bullock's Oriole Grayson Creek (Oak Park Blvd)US-CA 28 Apr 2019 View All 66 Red-winged Blackbird Grayson Creek (Oak Park Blvd)US-CA 26 Jan 2018 View All 67 Brown-headed Cowbird Grayson Creek (Oak Park Blvd)US-CA 24 May 2019 View All 68 Brewer's Blackbird Grayson Creek (Oak Park Blvd)US-CA 31 Dec 2017 View All 69 Yellow-rumped Warbler Grayson Creek (Oak Park Blvd)US-CA 25 Nov 2017 View All 70 Western Tanager Grayson Creek (Oak Park Blvd)US-CA 28 Apr 2019 View All Top © Cornell Lab of Ornithology | Contact | FAQ FPHC + MDAS Page 5 of 11 3 CONT 10/13/2019 Detailed Year Report https://ebird.org/eBirdReports 1/3 YEAR REPORT: Species Totals Report Details Date range:Nov 1, 2018 - Oct 31, 2019 Total # of Species:61 Total # of Checklists:14 Location(s): Grayson Creek (Oak Park Blvd) Summary Nov 2018 Dec 2018 Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Number of Species 29 24 22 25 29 25 29 23 18 25 26 27 Number of Individuals 193 102 107 112 133 87 193 160 130 133 158 178 Number of Checklists 111111131111 Total Number of Birds (sample size) Species Name Nov 2018 Dec 2018 Jan 2019 Feb 2019 Mar 2019 Apr 2019 May 2019 Jun 2019 Jul 2019 Aug 2019 Sep 2019 Oct 2019 Canada Goose------2 (1) 6 (1) 4 (1)-- -- -- -- -- -- Mallard 2 (1)--11 (1) 3 (1) 4 (1) 2 (1) 4 (1)-- -- -- -- 6 (1) Hooded Merganser -- -- 2 (1)--1 (1)---- -- -- -- -- -- Rock Pigeon 40 (1) 6 (1)--5 (1)-- -- 6 (1)-- -- 3 (1) 5 (1) 13 (1) Mourning Dove 9 (1) 9 (1) 10 (1) 4 (1) 3 (1) 2 (1) 5 (1) 3 (2) 8 (1) 9 (1) 12 (1) 27 (1) Black-chinned Hummingbird -- -- -- -- -- -- -- 1 (1)-- -- -- -- Anna's Hummingbird 2 (1) 5 (1)--4 (1) 11 (1) 6 (1) 6 (1) 6 (2) 8 (1) 6 (1) 3 (1) 7 (1) hummingbird sp. -- -- -- -- -- -- -- -- -- -- 1 (1)-- Killdeer -- -- -- 4 (1) 1 (1)-- -- -- -- -- 3 (1) 1 (1) California Gull -- -- -- -- -- -- -- -- -- -- -- 1 (1) gull sp. -- -- -- -- -- -- -- -- -- -- 1 (1) 5 (1) Great Egret 1 (1)---- -- 1 (1)-- -- 1 (1) 1 (1) 1 (1)-- -- Northern Harrier -- -- -- -- -- -- 1 (1)-- -- -- -- -- FPHC + MDAS Page 6 of 11 3 CONT 10/13/2019 Detailed Year Report https://ebird.org/eBirdReports 2/3 Sharp-shinned Hawk -- -- -- -- -- -- -- -- -- -- 1 (1) -- Sharp- shinned/Cooper's Hawk -- -- -- -- -- -- -- 2 (1)-- -- -- 1 (1) Red-shouldered Hawk 1 (1)--1 (1) 2 (1) 2 (1) 1 (1) 1 (1) 2 (2)--1 (1)--1 (1) Red-breasted Sapsucker 2 (1)-- -- -- -- -- -- -- -- -- -- -- Acorn Woodpecker -- -- -- -- -- -- -- -- -- 1 (1)-- -- Downy Woodpecker 1 (1)-- -- -- -- -- -- 2 (1)-- -- -- -- Nuttall's Woodpecker 3 (1) 2 (1) 4 (1) 2 (1) 4 (1) 4 (1) 2 (1) 5 (2) 2 (1) 3 (1) 4 (1) 3 (1) Northern Flicker 6 (1) 4 (1) 4 (1) 1 (1) 2 (1)-- -- -- -- -- 2 (1) 3 (1) Willow Flycatcher -- -- -- -- -- -- -- -- -- 1 (1)-- -- Pacific-slope Flycatcher ---- -- -- -- -- -- -- -- 1 (1)-- -- Black Phoebe 4 (1) 3 (1) 1 (1) 2 (1) 1 (1) 3 (1) 5 (1) 5 (1) 5 (1) 6 (1) 4 (1) 4 (1) Say's Phoebe 1 (1) 1 (1)-- -- -- -- -- -- -- -- 2 (1)-- California Scrub- Jay --4 (1) 2 (1) 3 (1)--3 (1) 3 (1) 4 (1) 2 (1) 4 (1) 5 (1) 3 (1) American Crow 10 (1) 7 (1) 4 (1) 6 (1) 3 (1) 4 (1) 4 (1) 3 (2) 4 (1) 9 (1) 10 (1) 9 (1) Chestnut-backed Chickadee 1 (1)-- -- -- 2 (1) 2 (1) 1 (1) 5 (2) 1 (1) 4 (1) 5 (1)-- Oak Titmouse 4 (1) 4 (1) 1 (1) 6 (1) 3 (1) 2 (1) 2 (1) 10 (1) 5 (1) 5 (1) 1 (1) 5 (1) Northern Rough- winged Swallow ---- -- -- -- -- 3 (1)-- -- -- -- -- Violet-green Swallow -- -- -- -- -- 2 (1)-- -- -- -- -- -- Bushtit 21 (1)-- -- -- 3 (1) 2 (1) 2 (1) 7 (1) 4 (1) 5 (1) 10 (1)-- Wrentit -- -- -- -- -- 1 (1)-- -- -- -- -- -- Ruby-crowned Kinglet 2 (1) 2 (1) 1 (1) 2 (1) 1 (1)-- -- -- -- -- -- 2 (1) White-breasted Nuthatch 3 (1) 1 (1)-- -- -- 1 (1) 5 (1) 7 (2) 4 (1) 2 (1) 4 (1)-- Marsh Wren -------------------- 1 (1)-- Bewick's Wren -- -- -- 1 (1) 1 (1)--2 (1) 1 (1) 2 (1)-- -- -- European Starling 3 (1) 7 (1) 1 (1)-- -- -- 2 (1)-- -- 4 (1)-- -- FPHC + MDAS Page 7 of 11 3 CONT 10/13/2019 Detailed Year Report https://ebird.org/eBirdReports 3/3 Northern Mockingbird -- 1 (1) -- -- 1 (1) 1 (1) 3 (1) 4 (3) -- -- -- -- Western Bluebird -- 3 (1) 2 (1) 2 (1) 2 (1) 2 (1) 6 (1) 4 (2) 5 (1) 8 (1) 3 (1) 5 (1) Hermit Thrush 1 (1) 1 (1)-- -- -- -- -- -- -- -- -- -- American Robin 10 (1)-- -- 19 (1)-- -- 1 (1)-- -- -- -- -- Cedar Waxwing--------1 (1) 6 (1) 90 (1)-- -- -- -- -- House Sparrow 2 (1)-- -- 1 (1) 2 (1)--2 (1) 5 (1) 6 (1)-- -- -- House Finch 4 (1) 9 (1) 1 (1) 1 (1) 10 (1) 4 (1) 14 (1) 18 (3) 12 (1) 44 (1) 29 (1) 5 (1) Lesser Goldfinch 30 (1) 7 (1) 10 (1) 6 (1) 5 (1) 11 (1) 3 (1) 56 (2) 55 (1) 5 (1) 8 (1) 12 (1) American Goldfinch 2 (1) 3 (1) 6 (1)--10 (1) 10 (1)---- -- 1 (1)--4 (1) Dark-eyed Junco -- -- 9 (1) 1 (1)-- -- 3 (1)-- -- 1 (1) 5 (1) 1 (1) White-crowned Sparrow 10 (1) 13 (1) 30 (1) 18 (1) 5 (1)-- -- -- -- -- 35 (1) 30 (1) Golden-crowned Sparrow --5 (1) 1 (1) 3 (1)-- -- -- -- -- -- 1 (1) 6 (1) Song Sparrow -- 2 (1) 1 (1) 3 (1) 4 (1) 5 (1) 7 (1) 2 (2)--1 (1)--3 (1) Lincoln's Sparrow ---- -- -- -- -- -- -- -- -- -- 1 (1) California Towhee --1 (1) 2 (1)--1 (1) 5 (1) 8 (1) 7 (2) 4 (1) 7 (1) 2 (1) 2 (1) sparrow sp. -- -- -- -- 30 (1)-- -- -- -- -- -- -- Hooded Oriole -- -- -- -- -- -- -- -- 2 (1)-- -- -- Bullock's Oriole -- -- -- -- -- 2 (1)-- -- -- 1 (1)-- -- Red-winged Blackbird 14 (1)-- -- -- -- -- -- -- -- -- -- -- Brown-headed Cowbird -- -- -- -- -- -- 1 (1)-- -- -- -- -- Brewer's Blackbird 1 (1)-- -- -- -- -- -- -- -- -- -- -- Yellow-rumped Warbler 3 (1) 2 (1) 3 (1) 11 (1) 13 (1)-- -- -- -- -- 1 (1) 18 (1) Western Tanager----------2 (1) 1 (1)-- -- -- -- -- FPHC + MDAS Page 8 of 11 3 CONT 10/11/2019 Detailed Year Report https://ebird.org/eBirdReports 1/3 YEAR REPORT: Species Totals Report Details Date range:Nov 1, 2017 - Oct 31, 2018 Total # of Species:57 Total # of Checklists:12 Location(s): Grayson Creek (Oak Park Blvd) Summary Nov 2017 Dec 2017 Jan 2018 Feb 2018 Mar 2018 Apr 2018 May 2018 Jun 2018 Jul 2018 Aug 2018 Sep 2018 Oct 2018 Number of Species 31 29 31 24 28 22 21 19 14 16 26 24 Number of Individuals 135 224 128 118 116 55 65 54 76 138 214 233 Number of Checklists 111111111111 Total Number of Birds (sample size) Species Name Nov 2017 Dec 2017 Jan 2018 Feb 2018 Mar 2018 Apr 2018 May 2018 Jun 2018 Jul 2018 Aug 2018 Sep 2018 Oct 2018 Canada Goose --59 (1) 15 (1) 4 (1) 6 (1)-- -- -- -- 20 (1) 18 (1) 28 (1) Mallard 3 (1) 2 (1) 4 (1) 7 (1) 4 (1) 2 (1) 2 (1)---- -- -- -- Hooded Merganser -- -- 2 (1) 2 (1)-- -- -- -- -- -- -- -- Wild Turkey -- -- -- -- -- 1 (1)-- -- -- -- -- -- Rock Pigeon 5 (1) 4 (1) 4 (1)-- -- -- 2 (1)-- -- -- -- -- Mourning Dove 11 (1) 2 (1) 6 (1) 6 (1) 1 (1) 2 (1) 1 (1) 3 (1) 3 (1) 5 (1) 52 (1) 12 (1) Anna's Hummingbird 3 (1) 5 (1) 3 (1) 3 (1) 6 (1) 2 (1) 4 (1) 4 (1) 4 (1) 7 (1) 5 (1) 4 (1) Killdeer -- 25 (1)-- -- -- -- -- -- -- -- -- -- Ring-billed Gull 3 (1)-- -- -- 10 (1)-- -- -- -- -- -- 20 (1) California Gull --7 (1) 25 (1)--6 (1)---- -- -- -- 17 (1)-- Great Blue Heron -- -- -- 1 (1)-- -- -- -- -- -- -- -- Great Egret 1 (1) 1 (1)--1 (1) 1 (1) 1 (1) 1 (1) 2 (1)-- -- -- -- Green Heron--------------2 (1)-- -- -- -- FPHC + MDAS Page 9 of 11 3 CONT 10/11/2019 Detailed Year Report https://ebird.org/eBirdReports 2/3 Black- crowned Night-Heron -- -- -- -- -- -- -- 1 (1) -- -- -- -- Cooper's Hawk -- -- -- -- -- -- -- -- -- -- -- 1 (1) Red- shouldered Hawk 1 (1) 1 (1)--1 (1) 1 (1)-- -- -- 1 (1) 1 (1) 2 (1) 2 (1) Belted Kingfisher -- -- 1 (1)-- -- -- -- -- -- -- -- -- Red-breasted Sapsucker -- -- 1 (1)-- -- -- -- -- -- -- -- -- Downy Woodpecker -- -- -- -- -- -- -- -- -- -- 1 (1)-- Nuttall's Woodpecker 1 (1)--1 (1)--1 (1) 1 (1) 1 (1) 1 (1) 2 (1) 1 (1) 3 (1) 1 (1) Downy/Hairy Woodpecker -- -- 2 (1)--2 (1)-- -- -- -- -- -- 3 (1) Northern Flicker 2 (1) 3 (1) 3 (1)-- -- -- -- -- -- -- -- 2 (1) American Kestrel --1 (1)-- -- 1 (1)---- -- -- -- -- -- Black Phoebe 6 (1) 3 (1) 1 (1)--1 (1) 4 (1) 6 (1) 2 (1) 3 (1) 5 (1) 3 (1) 3 (1) Say's Phoebe -- -- -- -- -- -- -- -- -- -- -- -- Hutton's Vireo -- -- -- -- -- -- -- -- -- -- 1 (1) 1 (1) California Scrub-Jay 4 (1) 3 (1) 3 (1) 3 (1) 3 (1) 1 (1) 1 (1) 3 (1) 3 (1)--3 (1) 1 (1) American Crow 5 (1) 20 (1) 2 (1) 28 (1) 6 (1) 4 (1) 5 (1) 7 (1) 29 (1) 17 (1) 23 (1) 13 (1) Common Raven -- -- -- -- -- 1 (1)-- -- -- -- -- -- Chestnut- backed Chickadee 3 (1) 5 (1)--3 (1)----1 (1)-- -- 10 (1) 4 (1)-- Oak Titmouse 2 (1) 1 (1) 3 (1) 1 (1) 2 (1) 1 (1) 1 (1) 2 (1) 2 (1) 2 (1) 2 (1) 1 (1) Northern Rough- winged Swallow -- -- -- -- -- -- -- 1 (1)-- -- -- -- Bushtit 21 (1) 27 (1)--4 (1) 5 (1) 6 (1) 11 (1)-- -- 11 (1) 17 (1) 8 (1) Ruby- crowned Kinglet 4 (1) 4 (1) 3 (1) 2 (1) 2 (1)-- -- -- -- -- -- 2 (1) White- breasted Nuthatch -- -- -- -- -- -- 1 (1)-- -- 2 (1) 2 (1) 1 (1) Bewick's Wren --2 (1)-- -- -- -- -- -- -- 2 (1) 1 (1)-- FPHC + MDAS Page 10 of 11 3 CONT 10/11/2019 Detailed Year Report https://ebird.org/eBirdReports 3/3 European Starling 2 (1) 4 (1) 3 (1) 1 (1) -- 1 (1) -- -- -- -- -- -- Northern Mockingbird 2 (1) 1 (1) 2 (1)-- -- 1 (1) 2 (1) 1 (1) 2 (1) 1 (1) 3 (1) 1 (1) Western Bluebird 4 (1)--6 (1) 2 (1) 3 (1) 3 (1) 3 (1) 4 (1) 4 (1)--8 (1)-- Hermit Thrush 1 (1)-- -- -- -- -- -- -- -- -- -- -- American Robin -- -- 2 (1)-- -- -- -- 1 (1) 1 (1)-- -- -- Cedar Waxwing -- -- -- -- 4 (1)-- -- -- -- -- -- -- House Sparrow --4 (1) 1 (1) 2 (1) 1 (1) 3 (1) 9 (1) 5 (1)-- -- 4 (1)-- House Finch 9 (1) 5 (1) 5 (1) 9 (1) 11 (1) 7 (1) 2 (1) 8 (1) 16 (1) 24 (1) 12 (1) 7 (1) Purple Finch 1 (1)---- -- 6 (1)-- -- -- -- -- -- -- Lesser Goldfinch 8 (1) 3 (1) 1 (1) 7 (1) 6 (1)--5 (1) 1 (1) 4 (1) 29 (1) 18 (1) 43 (1) American Goldfinch 1 (1)-- -- 4 (1) 2 (1) 2 (1)-- -- -- -- -- -- Fox Sparrow 1 (1)-- -- -- -- -- -- -- -- -- -- -- Dark-eyed Junco 2 (1)--1 (1)-- -- -- -- -- -- -- -- 1 (1) White- crowned Sparrow 11 (1) 11 (1) 11 (1) 5 (1) 13 (1) 6 (1)-- -- -- -- 3 (1) 42 (1) Golden- crowned Sparrow 1 (1)--2 (1) 4 (1) 3 (1) 1 (1)---- -- -- 4 (1)-- Song Sparrow --1 (1) 2 (1) 2 (1)--2 (1) 3 (1) 5 (1)-- -- 1 (1)-- California Towhee 3 (1) 11 (1) 1 (1)--2 (1) 3 (1) 3 (1) 1 (1) 2 (1)--5 (1)-- Spotted Towhee 2 (1)-- -- -- -- -- -- -- -- -- -- -- Hooded Oriole -- -- -- -- -- -- -- -- -- 1 (1) 2 (1)-- Red-winged Blackbird -- -- 5 (1)-- -- -- 1 (1)-- -- -- -- -- Brewer's Blackbird --1 (1)-- -- -- -- -- -- -- -- -- 1 (1) Yellow- rumped Warbler 12 (1) 8 (1) 7 (1) 16 (1) 7 (1)---- -- -- -- -- 35 (1) FPHC + MDAS Page 11 of 11 3 CONT THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐101  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Friends of Pleasant Hill Creeks and Mount Diablo Audubon Society (FPHC + MDAS)  Response to FPHC + MDAS‐1  The commenter notes that both organizations have been collaborating on a joint community science  project to document avian biodiversity in the Grayson Creek, including adjacent to the project site.  The commenter notes that the portion of Grayson Creek adjacent to the project site is a designated  eBird public “Hotspot” and the commenter provides a list of the species of birds documented in  Grayson Creek. The commenter asks that the Draft EIR evaluate impacts to avian wildlife from  construction and operation of the project.   CEQA requires analysis of potential impacts to nesting migratory birds protected under the MBTA.  MM BIO‐1a and MM BIO‐1b, which are included in Section 3.3, Biological Resources of the Draft EIR,  would help reduce any potential impacts on nesting and migratory birds that may result from  construction. These mitigation measures include a requirement for pre‐construction surveys, as well  as implementation of protective measures, where needed, to ensure any active nests of protected  species are protected pursuant to the MBTA. Impacts would be less than significant.47  Response to FPHC + MDAS‐2  The commenter states that the organization supports installation of riparian habitat buffers and a  creekside trail. The comment is noted and no response is required.  Response to FPHC + MDAS‐3  The commenter provides a list of the bird species documented by the Grayson Creek Bird Survey  within the Civic Project site.   The comment is noted and no response is required.                                                                 47  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.3‐25  through 3.3‐27. August.  THIS PAGE INTENTIONALLY LEFT BLANK From: Monika Olsen [mailto:phigarden@gmail.com] Sent: Tuesday, October 15, 2019 5:34 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: public comments on EIR for Pleasant Oaks Project (library, ball fields, residenƟal housing) Troy, Please include this concern in the public comments: We look forward to the new library project. We do have some environmental concerns. As mentioned in the consultant's report about Grayson Creek status under the Clean Water Act, the project should avoid impacts to riparian habitat associated with Grayson Creek. Appendix D mentions common native plants found in the area to not be disturbed. These plants would not be able to survive under the pile of boulders planned for the creekside. In addition, the project includes a public viewing trail for along the creekside. It appears the pile of boulders planned for the creekside instead would not only disturb or prevent those native plant ecosystems from thriving or even growing, but would also eliminate public and school environmental and watershed education about the creek, its natural habitats, the ongoing water quality studies and citizen science projects as well as annual creek clean-up projects. Additionally, the Mt. Diablo Audubon Society has surveyed Grayson Creek for birdlife. If the support plant ecosystems are not provided, there will be negative impacts to the wildlife in the area. Thank you. -- Monika Olsen, Teacher U. C. Master Gardener, Contra Costa County Garden Manager, Pleasant Hill Instructional Garden P.O. Box 23454, Pleasant Hill, CA. 94523 Voicemail: (925) 482-6670 Located At 1 Santa Barbara Rd., Pleasant Hill, CA. Opposite Pleasant Hill Middle School and Pleasant Oaks Park web site: http://phig.webs.com https://www.facebook.com/Pleasant-Hill-Instructional-Garden-PHIG-115550191840821/ PHIG Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐105  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Pleasant Hill Instructional Garden (PHIG)  Response to PHIG‐1  The commenter expresses general support for the proposed plan. The commenter states that the  project should avoid impacts to Grayson Creek and the planned boulders, riprap, and stormwater  improvements should not inhibit native plant life growth in Grayson Creek. In addition, the  commenter explains that the planned pile of boulders in Grayson Creek would eliminate any  potential watershed or environmental educational opportunities, ongoing water quality studies,  citizen science projects, and creek clean‐up projects. The commenter concludes that if Grayson  Creek cannot support native plant life due to the proposed boulders in Grayson Creek there will be  negative impacts to wildlife in the area.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.  Additionally, please refer to Response to FPHC‐58.    THIS PAGE INTENTIONALLY LEFT BLANK &ƌŽŵ͗ůĂŶĂĚĞ΀ŵĂŝůƚŽ͗DODQEDGH#MSVQHW΁ ^ĞŶƚ͗dƵĞƐĚĂLJ͕KĐƚŽďĞƌϭϱ͕ϮϬϭϵϰ͗ϯϴWD dŽ͗dƌŽLJ&ƵũŝŵŽƚŽф7IXMLPRWR#SOHDVDQWKLOOFDRUJх Đ͗tĞŶĚLJ'ŽůůŽƉфZHQG\JROORS#MSVQHWх͖ůĂŶĂĚĞфDODQE#JPDLOFRPх ^ƵďũĞĐƚ͗/ZĐŽŵŵĞŶƚƐKĂŬWĂƌŬWƌŽƉĞƌƟĞƐ^ƉĞĐŝĮĐWůĂŶ 'HDU7UR\)XMLPRWR , GOLNHWRVXEPLWWKHIROORZLQJFRPPHQWVIRUWKH'UDIW(,5 /LJKWcolorVKRXOGEHVSHFLILHGDQGDQDO\]HGLQUHJDUGVWRWKHOLJKWIL[WXUHVIRUWKHSURMHFWERWKFLYLODQG UHVLGHQWLDO7KH'(,5IDLOVWRVSHFLI\WKHOLJKWFRORUZDYHOHQJWKRIWKHOLJKWSURSRVHGLQWKH'(,5DQGKHQFHLWLV 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age 1 of 2 1 2 3 4 5 +\GURORJ\FRQWZLOOWKHUHEHRSSRUWXQLWLHVIRUWKHSXEOLFWRFRPPHQWRQWKHVSHFLILFVRIWKHHQJLQHHULQJSODQIRU WKHFUHHN" 7UDIILF7KHSODQIDLOVWRDQDO\]HKRZPXFKFXWWKURXJKWUDIILFQHLJKERUKRRGVZLOOKDYHDGGHGDVDUHVXOWRIWKH SURMHFW,EHOLHYHWKHFRQFOXVLRQVRIWKHWUDIILFVWXG\ORZEDOOWKHHVWLPDWHGLQFUHDVHGWUDIILFHVSHFLDOO\RQ2DN3DUN %OYG:HDOUHDG\KDYHDORWRIFXWWKURXJKWUDIILFRQ/RQJIHOORZGULYHZKHQ2DN3DUNLVEXV\ 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KDELWDWLQWKHIXWXUH,IWKLVLVSURSHUO\SODQQHGIRUDQGDFKLHYHGLQWKHILQDORXWFRPHLWZLOODOVREHDEHWWHUEDODQFHRI KXPDQZLOGOLIHQHHGVZKLFKLQP\YLHZJUHDWO\LQFUHDVHVLWV YDOXHWRKXPDQHQMR\PHQW :HDUHJHQHUDOO\very VXSSRUWLYHRIEXLOGLQJRXUQHZOLEUDU\DQGSDUNDWWKLVORFDWLRQEXWDUHPDNLQJDOORIRXUFRPPHQWV LQKRSHVRIPDNLQJWKLVDVJRRGDSURMHFWDVSRVVLEOH 7KDQNV$ODQ%DGH /RQJIHOORZ'U3OHDVDQW+LOO&$ BADE.1 Page 2 of 2 6 7 8 9 10 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐109  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Individuals  Alan Bade, Letter 1 (Bade.1)  Response to BADE.1‐1  The commenter states that the light color of the proposed Civil and Residential project light fixtures  should be specified and analyzed within the Draft EIR. The commenter explains that light color  standards have been established in nearby Bay Area cities and that warmer light color wavelengths  would have a reduced impact on humans, wildlife, and night skies.   Please refer to Master Response 4—Lighting and Master Response 5—Lighting Impacts to Wildlife  Movement.  Response to BADE.1‐2  The commenter notes that the Draft EIR did not specify the lighting placement throughout the  project site or the light intensity. The commenter explains that these traits are needed for the public  to fully understand the impacts of the proposed sports field lighting on adjacent residences and  riparian habitat.   Please refer to Master Response 4—Lighting and Master Response 5—Lighting Impacts to Wildlife  Movement.   Response to BADE.1‐3  The commenter asks why the east fork of Grayson Creek would need vegetated riprap instead of  other less intrusive BMPs.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage, which confirms that  City Staff will incorporate into the proposed plan’s stormwater drainage design the  recommendations of the USACE Stability Thresholds for Stream Restoration Materials,48 as  appropriate, including the use of less rock protection.   Response to BADE.1‐4  The commenter notes that there are no specific plans that show the extent of the riprap reinforced  outfall structures. The commenter asks why riprap is needed rather than bioengineering techniques.  The commenter describes why bioengineering techniques would be more effective than riprap  designs in reducing impacts to streams. The commenter reiterates the need for specific plans that  show the design of the proposed riprap.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage.  Response to BADE.1‐5  The commenter asks how the engineering plan is integrated into the landscaping and restoration plans.  The commenter further asks why the outfalls are not shown in a broader landscaping plan set and how  the public can comment or determine impacts without these specific shown in the Draft EIR.                                                               48  United States Army Corps of Engineers (USACE). 2001. Stability Thresholds for Stream Restoration Materials. May.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐110 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  As described in MM BIO‐2a, the project sponsor for the Civic Project would prepare a detailed  Habitat Mitigation Monitoring and Reporting Plan that would include details on the type and  quantity of different species that will be utilized in the design. The Draft EIR evaluates potential  impacts to aesthetics and habitat (see Section 3.1, Aesthetics, and Section 3.3, Biological Resources)  and recommends mitigation measures to address those potential impacts in accordance with  identified performance standards in order to ensure impacts remain less than significant.   Response to BADE.1‐6  The commenter asks if the public can comment on the specifics of the engineering plan for Grayson  Creek.   The Draft Floodplain Evaluation Report is provided in Appendix H of the Draft EIR, which describes the  Civic Project’s potential impacts to adjacent floodplains and proposed mitigation measures.   Response to BADE.1‐7  The commenter states that the TIA did not analyze the amount of cut‐through traffic that would be  added to adjacent neighborhoods as a result of the proposed plan. The commenter asserts the  conclusions in the TIA did not fully capture the existing cut‐through traffic adjacent to the project site.  The proposed plan would not be expected to increase the level of cut‐through traffic on neighboring  roadways because there are multiple roadway connections that provide access to the Civic Project  and Residential Project sites. In addition, despite multiple roadway connections to the Civic Project  and Residential Project sites, approximately 70 percent of the generated traffic would be expected to  access the plan area via Oak Park Boulevard, which was accounted for in the Draft EIR. Over‐ assigning project trips to minor roadways, such as Longfellow Drive, could reduce the potential effect  of traffic associated with the proposed plan on the roadway system and not provide an accurate  estimate of traffic impacts.   Longfellow Drive connects Keats Circle and Patterson Boulevard while providing direct access to  retail centers and single‐family homes. Given the location of Longfellow Drive in relation to the plan  area, the plan area is not expected to add through traffic to this roadway facility.   Response to BADE.1‐8  The commenter states that the Draft EIR description of the trees located adjacent to Grayson Creek  incorrectly describes the amount of trees.  The comment is noted, and a correction/revision is included in Section 3: Errata. This revision does  not materially impact the analysis provided in the Draft EIR.   The commenter explains that the proposed plan should plant as many trees as possible to maximize  the amount of habitat available for wildlife and human benefit.   As described in Section 3.3, Biological Resources, construction of the Civic and Residential Projects  requires the removal of trees subject to Pleasant Hill Municipal Code Section 18.50.110, and tree  permits would be required prior to the removal of such protected trees (per MM BIO‐5a). In  addition, the remaining trees that are proposed for preservation within the plan area would be  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐111  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  protected through the implementation of the pre‐, during, and post‐construction tree protection  guidelines identified and outlined in the project‐site‐specific arborist report (per MM BIO‐5b through  MM BIO‐5d).49  Response to BADE.1‐9  The commenter states that new fire safety guidelines are being developed to encourage adequate  spacing for fire ladders. The Oak Park Properties Specific Plan (Appendix K of the Draft EIR) provides  standards for setbacks for the Residential Project and the Residential Project would be required to  adhere to those standards if the Specific Plan is adopted by City Council.   Response to BADE.1‐10  The commenter states that the Draft EIR did not include or collect enough data with regards to bird  and wildlife activity on the project site. The commenter also asserts that the plan area is one of the  last large pieces of open space in Pleasant Hill and is important bird and wildlife habitat.   CEQA requires analysis of potential impacts to nesting migratory birds protected under the MBTA.  Mitigation measures listed in Section 3.3 of the Draft EIR, including MM BIO‐1a and MM BIO‐1b  would help reduce any potential impacts on nesting and migratory birds that may result from  construction such as tree removal, noise and other disturbances. These mitigation measures include  a requirement for pre‐construction surveys, as well as implementation of protective measures,  where needed, to ensure any active nests of protected species are protected pursuant to the MBTA.  Regarding the assertion of open space within the plan area, the property is not designated for open  space uses under existing conditions. The plan area does not qualify as open space because it is an  urbanized and developed County property that at one time was developed for educational uses. The  Oak Park Properties Specific Plan proposes to designate the Civic Project site for parks and  recreational fields that will provide active open space should the City approve the Oak Park  Properties Specific Plan. The proposed improvements within the Grayson Creek will enhance the  existing habitat and improve the function of the creek for use by wildlife.                                                                  49  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.3‐38. August.  THIS PAGE INTENTIONALLY LEFT BLANK From: Alan Bade [mailto:alanbade@jps.net] Sent: Tuesday, October 15, 2019 4:50 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Cc: Alan Bade <alanb1491187@gmail.com>; Wendy Gollop <wendygollop@jps.net> Subject: DEIR comments Oak Park ProperƟes Specific Plan Noise Dear Troy- I'd like to add one more item to my comments on the DEIR for the Oak Park Properties Specific Plan. Noise; There was no mention of whether amplified noise would be allowed at the new ball fields. This should have been evaluated if the Park and Rec District plans on allowing amplified noise. On Sunday Oct 6th, there was an event at that site with amplified noise and we could hear every word over here on Longfellow Drive. Either the project description was incomplete, or there was a failure to evaluate, if they plan on having amplified events. Also, if games are allowed past 8PM until 10 PM, there will be a lot more noise than there is currently, so the impact is not "less than significant", like the DEIR claims. The noise will have impacts on wildlife as well as local residents. Thanks, Alan Bade 280 Longfellow Drive, Pleasant Hill, CA BADE.2 Page 1 of 1 1 2 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐115  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Alan Bade, Letter 2 (BADE.2)  Response to BADE.2‐1  The commenter states that the Draft EIR does not evaluate the impacts of amplified noise from the  new ball fields associated with the Civic Project. The commenter notes that on October 6, 2019, an  event was held adjacent to the project site and amplified noise could be heard at their residence on  Longfellow Drive.   The proposed plan would not include installation of any amplified sound equipment as part of the  ball field development. In addition, it should be noted that users of the proposed athletic fields are  subject to compliance with the noise performance standards of Section 18.50.060 of the City’s  Municipal Code, which limit users from producing noise levels in excess of 50 dBA CNEL as measured  at a receiving residential property line. Compliance with this noise ordinance would ensure that ball  field activities would not result in a noise impact as measured at nearby residential land uses.   Response to BADE.2‐2  The commenter states that if games or events would be allowed past 8:00 p.m. until 10:00 p.m. at  the Civic Project ball fields, then the noise impacts would not be less than significant as stated in the  Draft EIR.   The proposed plan would permit activities at the proposed ball fields during the evening hours of  8:00 p.m. to 10:00 p.m. All users of the proposed plan are subject to compliance with the noise  performance standards of Section 18.50.060 of the City’s Municipal Code, which limit users from  producing noise levels in excess of 50 dBA CNEL as measured at a receiving residential property line.  They would also have to comply with Section 9.15.030, which prohibits a person from making “loud,  unnecessary, or unusual noise” that disturbs the peace of a quiet neighborhood; Section 9.15.050  explicitly addresses amplified sound. The CNEL noise metric accounts for the time varying noise over  a 24‐hour period, with a 5 dBA weighting factor applied to the hourly Leq for noises occurring from  7:00 p.m. to 10:00 p.m. (defined as relaxation hours), and 10 dBA weighting factor applied to noise  occurring from 10:00 p.m. to 7:00 a.m. (defined as sleeping hours). The noise weighting factors are  added to the relaxation and sleeping hours to account for the fact that most people are more  sensitive to noise events during these hours. Therefore, compliance with the 50 dBA CNEL noise  performance standard would ensure that ball field activities would not result in a noise impact that  would result in impacts, such as sleep disturbance, as measured at nearby residential land uses.  While evening ball field activity might constitute a new noise source that could be audible at  receptors in the vicinity of the plan area, the activity would not constitute a significant noise impact  compared to the applicable noise performance thresholds established by the City.   It should further be noted that the ball fields would only be used for adult softball or soccer during  the evening hours (8:00 p.m. to 10:00 p.m.). Only one of these types of activities would occur at a  time, as these activities would use the same fields. These activities are expected to include primarily  participants with a minimal number of spectators. A conservative estimate of total users during  these evening activities would be approximately 30 team members and an estimated five  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐116 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  spectators.50 The nearest residential land uses to the proposed ball fields are located at the  properties to the east of the plan area on St. Lawrence Way, over 200 feet from the nearest acoustic  center of ball field activity. At this distance, noise levels from ball field activities would attenuate by  more than 20 dBA compared to noise levels experienced at the sidelines of the ball fields. Under  quiet conditions on a free field, an adult male shouting can produce noise levels of up to 62 dBA Lmax  as measured at 50 feet.51 At 200 feet, maximum noise levels from an adult male shouting would  attenuate to below 50 dBA Lmax. Therefore, noise levels from the projected number of participants  playing on the ball fields (spread out as they play their various positions) would not result in noise  levels that would exceed the City’s weighted 24‐hour average noise performance standard of 50 dBA  CNEL as measured at the nearest residential property line.   As an additional point of reference, existing background traffic noise levels along roadway segments  in the plan area range from 53.0 dBA to 63.7 dBA CNEL as measured at 50 feet from the center of the  nearest travel lane. Thus, project related ball field activities would also not exceed existing  background traffic noise levels experienced in the vicinity of the plan area.                                                                 50  Michelle Lacy. Recreation and Park District, General Manager. Personal communication: email. October 17, 2019.   51  Levitt, Harry and John C. Webster, 1991. Handbook of Acoustical Measurements and Noise Control (3rd Edition, edited by Cyril M Harris).  -----Original Message----- From: Jim Bassett [mailto:jim@jimbassett.com] Sent: Monday, October 14, 2019 1:20 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org>; Home <jim@jimbassett.com> Subject: Comment for Oak Park Properties Specific Plan Draft EIR Hello, We currently live at 1668 St. Lawrence Way, adjacent to and east of the EBMUD trail and proposed ball field. In Chapter 3 of the DEIR the relevant section of City code for lighting is referenced (Section 18.55.140). It mentions the light level limit of 0.2 foot-candles for lighting adjacent to an R district boundary, which is our location. However, in the section for Impact AES-4 there is no mention of what would be done to meet the City's light level limit. There is mention of shut-off at 10pm, but this does not address the issue raised in Appendix B that "The Ball Field development will provide a full array of sports floodlighting as well as fly ball up lighting which does not comply with the City requirements." Appendix B does indicate that the selection of lighting has been adjusted "to reduce the potential for exceedance of illumination standards and for light trespass due to location and angle of illumination.", but there doesn't appear to any mention of this adjustment in the DEIR. My comment is that the light level issue is adequately addressed in the EIR and that whatever is implemented fully complies with City regulations. Thanks, Jim Bassett BASSETT Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐119  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Jim Bassett (BASSETT)  Response to BASSETT‐1  The commenter states their residence location near the Civic Project site and references the discussion  of light level limits in Section 3.1, Aesthetics, of the Draft EIR. The commenter notes that Impact AES‐4  does not mention what would be done to ensure lighting for the Civic Project and Residential Project  meets the City’s light level limit contains in Municipal Code Section 18.55.140. The commenter explains  that Appendix B of the Draft EIR indicates lighting would be selected to reduce the potential for  exceedance of illumination standards but there is no discussion of this in the Draft EIR.  Please refer to Master Response 4—Lighting, and the photometric plans and Lighting Peer Review  Memo included in Appendix A. See also Response to FPHC‐14.    THIS PAGE INTENTIONALLY LEFT BLANK EVANS Page 1 of 1 1 2 3 October 14, 2019 City of Pleasant Hill Planning Division 100 Gregory Lane, Pleasant Hill, CA Comments to Oak Park Properties Specific Plan. DEIR. Residential Properties There are notable deficiencies in this DEIR, with insufficient data on every aspect of the early closure of the existing library. The social and economic loss of this important community resource requires further study. CEQA Guidelines, Section XIII, asks; "Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities ... maintain acceptable service ratios, response times or other performance objectives?" Additionally, the CCC Library's Strategic Plan 2019, presented to and approved by the Board of Supervisors this summer, includes the Children's Impact Statement: The CCC Library ensures easy, equitable access to library services for all Contra Costa County residents, including children ... specific areas focus on improving services to the youth of our communities and directly support three of the five community outcome areas ... 1. Children ready for and succeeding at school 2. Children and youth healthy and preparing for productive adulthood 3. Communities that are safe and provide for a high quality of life for children and families This DEIR needs to be amended to identify everyone who will be underserved if the existing library is demolished before the new one is build. What is the provision for families, school children, disabled residents of the Crestwood Behavioral Health, groups such as ESL, Girls Who Code, and many others? Where is the data on the number of library visitors and the time and travel miles required if they must travel to multiple locations for services and resources for different ages? What is the cultural and social loss when a library is dismembered, and its component parts are scattered to various locations and times? EIR 1, page 144, headed; Demolition, Relocation, Remediation and Removal must be expanded to identify each problem and offer satisfying mitigations to the many people who will be immediately affected. library users need much better options for the two years (or longer) than what little is offered in this document. ~ ,/~ Nan ~ 625 Pershing Drive, Walnut Creek, CA ij~©~ PW~~ I@ OCT 1 5 20\9 ~ PLANNiNG DIVISION CITY OF PLEASANT HILL THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐123  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Nancy Evans (EVANS)  Response to EVANS‐1  The commenter states that the Draft EIR does not fully analyze the impacts of the closure of the  existing library. The commenter asks that the Draft EIR should be amended to identify everyone that  would be affected by the closure of the library.   Please refer to Master Response 1—Schedule for Construction and Use of Temporary Library.  Response to EVANS‐2   The commenter asks what the cultural and social loss would be from the existing Pleasant Hill library  closing and what would happen to the library’s resources.   Social and economic impacts are not considered physical effects on the environment under CEQA.  The comment does not contain any substantive comments or questions about the environmental  analysis or conclusions contained in the Draft EIR. No further response is required.   Response to EVANS‐3   The commenter requests that the Draft EIR identify who would be affected by the demolition of the  existing Pleasant Hill Library and states that the library users should be provided a better temporary  option.   Please refer to Master Response 1—Schedule for Construction and Use of Temporary Library.    THIS PAGE INTENTIONALLY LEFT BLANK From: Nancy [mailto:2nancyellen@gmail.com] Sent: Monday, October 14, 2019 5:03 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: Oak Park ProperƟes Specific Plan - DraŌ Environmental Impact Report - comment I have lived in Pleasant Hill since 1990 and believe a bioretention basin is critical to the environmental impact and mitigation of the proposed project, since Pleasant Hill has approximately 700 homes in a Special Flood Hazard Area - virtually all of them potentially impacted by storm-water flow from the project into the creek systems -- and the community rating system for floodplain management in Pleasant Hill is only 8 out of 10 (with "1" being the best and qualifying for the highest percentage discount in either mandatory or voluntary flood insurance for community members). The project is an opportunity to improve public safety. Planners must include considerations about flood impacts on the surrounding existing properties, rather than narrowly consider offsetting drainage on-site through fill and cuts. It is clear these offsets are not guaranteed to even maintain the current level of flood control experienced in this parcel. The DEIR is exceptionally vague about the proposed bioretention basin; Appendix H Figure 16 indicates it will be where an EBMUD trail runs along the east side of the property. A mitigation this essential needs to be presented with more specificity in the EIR. Furthermore, there is incomplete discussion of follow-on impacts from increasing flow into what the document describes as an "inadequate" creek capacity that contributes to flooding in the Specific Plan area (p. iv, Appendix H). Only "backwater" effects are considered (p. v) for the proposed larger storm drain. The report should also include modeling to anticipate impacts to Special Flood Hazard Area properties that drain into those two creeks. I respectfully request that the city ensure the final document makes up for these omissions and oversights in order to proactively consider, and mitigate to the full extent possible, potential harm to people and property affected by the planned development. Supporting documents: Community rating (p. 4): https://www.fema.gov/media-library-data/1503240360683-30b35cc754f462fe2c15d857519a71 ec/20_crs_508_oct2017.pdf https://www.sfgate.com/bayarea/article/Pleasant-Hill-Flood-Zone-Expands-Insurance-3302882.php https://www.ci.pleasant-hill.ca.us/DocumentCenter/View/11358/Flooding-Information-and-Services-in-the-City Sincerely, GARCIA Page 1 of 2 1 2 Nancy Nancy Garcia 173 Maxine Drive Pleasant Hill, CA 94523 2nancyellen@gmail.com (925) 708-9587 GARCIA Page 2 of 2 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐127  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Nancy Garcia (GARCIA)  Response to GARCIA‐1  The commenter states that a bioretention basin is crucial to address stormwater flooding in the plan  area and describes the flood risk for the plan area. The commenter states that the proposed plan is  an opportunity to improve public safety and the Draft EIR needs to include more detail about the  proposed bioretention basin indicated in Appendix H, Figure 16.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.  Response to GARCIA‐2  The commenter states that the Draft EIR does not discuss follow‐on impacts resulting from  increasing flow into Grayson Creek which has “inadequate” creek capacity that contributes to  flooding in the plan area. The commenter states only backwater effects are considered for the  proposed storm drains. The commenter also asks that the Floodplain Evaluation Report include  modeling to anticipate impacts to Special Flood Hazard Zones that drain to Grayson and Murderers  Creek.  The intent of the proposed 36‐inch storm drain systems is to minimize changes to the extent of the  existing 100‐year floodplain. Studies, including modeling, have taken all the backwater effects into  consideration. Based on modeling results, the backwater effect from the implementation of the  proposed larger storm drain along Oak Park Blvd is not anticipated to change the existing flooding  conditions to the properties around the proposed library. The modeling reflects the overall design  approach to convey runoff and overflow to the proposed athletic fields via the proposed storm drain  systems and site grading. The proposed athletic fields would be graded to provide adequate storage  for the 100‐year storm event and would minimize impacts to the surrounding community.  Studies, including modeling, have been completed for the 100‐year storm event and are  documented in a Floodplain Evaluation Report (Appendix H) and a FEMA Flood Study Impact  Memorandum. The 100‐year storm event model will be updated and documented in a Revised  Floodplain Evaluation Report when the design work nears completion. The other model is based on  the FEMA Effective Model and is documented in the FEMA Flood Study Impact Memorandum. This  latter model shows that there are no adverse impacts and the memorandum justifies that a  Conditional Letter of Map Revision is not required to be submitted to FEMA. The proposed plan  would not represent a significant flood impact as explained in Section 3.8, Hydrology and Water  Quality, of the Draft EIR.    THIS PAGE INTENTIONALLY LEFT BLANK From: Wendy Gollop [mailto:wendygollop@jps.net] Sent: Tuesday, October 15, 2019 4:20 PMTo: Troy Fujimoto <Tfujimoto@pleasanthillca.org>Cc: June Catalano <Jcatalano@pleasanthillca.org>Subject: Comments to DEIR on the Oak Park Properties Specific Plan State Clearinghouse Number: 2018112058Dear Troy Fujimoto,I am sending this document to comment on the DEIR for the Oak Park Specific Plan. I am cc to the City manager June Catalano to be sure that someone gets it in the City by the 5:00 PM deadline today. Please forward thisletter to all listed parties. Please let me know that you have received my letter. Thank you.Wendy GollopDear Planning commission, City Council members, and Pleasant Hill Rec and Park Board members,I wanted to submit comments on areas of the DEIR for the Oak Park Specific Plan that I feel need to be addressed further as there is insufficient information included to make the necessary judgements on whether there is anysignificant impacts of this project.First is the traffic study. There is a considerable amount of cut through traffic on many streets in Pleasant Hill. This is particularly true of the Poets Corner neighborhood where streets where built before wider, safer widths weremandated. At present, there is considerable cut through traffic on streets that have schools near larger arterials that have heavy traffic. Longfellow gets quite a bit of cut through traffic in the morning when people are trying totake kids to Pleasant Hill Elementary, drive to BART on Oak Park Blvd, and catch the freeway onramp off Oak Park Blvd. There is also traffic on Oak Park Blvd trying to get to Pleasant Hill Rd to take to the 24 onramp inLafayette. Traffic cuts through Longfellow from Patterson to Keats to avoid the Patterson/ Oak Park signal which was rated a D on the traffic study in the morning. Traffic also cuts through Pleasant View Dr. from Oak Park Blvdto Pleasant Hill Rd to avoid the traffic at PHE. There are no sidewalks and so people walking and kids biking to school dodge traffic in the morning and it is difficult to get out of one’s driveway and onto side streets because ofthis. The DEIR does not examine the impact on side streets from this cut through traffic. It only examines traffic at the major intersections in 15 locations surrounding the project. The farthest west that the study intersectionexamines is Oak Park Blvd and Patterson. From this, the traffic study concluded that there was no significant impact from the development. It also does not discuss traffic apps that direct traffic into neighborhoods when trafficbackups exist. I think that traffic on streets and neighborhoods will increase dramatically from this and other already approved projects in the area. The DEIR states that traffic flow at Oak Park/ Patterson and otherintersections will decrease from LOS D to E and many other intersections go from A or B LOS to an F. ( Table 11 appendix J) yet the traffic study concluded that the level of significance was less than significant. Table 12 onpage 53 of appendix J shows that there are more cars than there is storage length or queue at Oak Park and Patterson and two other intersections. This will also increase the likelihood of cut through traffic in theneighborhoods. Still, even though traffic was reported to be slow and the project will increase this congestion, the DEIR concludes that there is a less than significant impact from the project. This will be true until you are theone that lives nearby.I hope that the City has plans to address the multiple problems that arise from this development as they will occur. I believe that this traffic study was done without specific information about details of the Oak Park PropertiesSpecific Plan and therefore the conclusions drawn are not accurate either. I believe that the citizens will be contacting the City with complaints about traffic from this project.12345GOLLOP_BADE Page 1 of 4 Another area of concern is the size of the houses and their setbacks in the residential development aspect of the plan. The conceptual plan states that houses will be 2800 -3400 sq ft dwellings that are 8 ft apart. Some of thesehouses will have ADUs attached. There is no mention of the number of bedrooms that the houses in this development will have. I am assuming that people who move to the suburbs and buy large houses do so because theyhave or want to have a family. The DEIR has made the assumption that only 6 students will attend the elementary school. 3 middle and 3 high school. I am not sure how this assumption was made. There is a ratio added butnot references as to how it was arrived at. Yet the DEIR states that there is no impact on schools. I think that there will be more attending schools than is predicted in the DEIR and the schools are at capacity.Amplification of sound and noise or the presents of speakers at the new ball fields is not mentioned or analyzed in the DEIR either. On Sunday morning October 6th , there was a very big gathering of people at the 10 acreproject site. An amplified sound system used could be heard quite clearly from a broad area of Poets Corner. I hope that this will not be what we can expect from the new playing fields. I could distinctly hear theannouncements from the loud speaker from my yard that morning. I went over to the 10 acre project site to see what was going on and I was amazed at the amount of traffic and parked cars. There must have been at least 150vehicles . The area was COMPLETELY parked up including all adjoining side streets and part of the undeveloped 10 acre site. There were also people still searching for any available parking spot.Parking is another area that looks inadequate. The number of bedrooms in the 34 houses and accompanying ADUs is not defined in the DEIR. There will no parking on the residential streets or Monticello and parking spots aremostly confined to the residential driveways and garages. There is not a complete examination of how many cars each house is expected to have and where guests will park. I did not see any off street parking for the ADU unitsand so that perhaps tandem parking for those residents was assumed but not discussed. That may prove a difficult parking arrangement for those living in the those units as someone will have to move a car to let someone pullout. The parking situation in the civic part of the project is already at capacity if not over, and so if residential parking spills over into the Library/Rec and Park shared parking lot, even less parking will be available for patrons ofthose facilities. I am assuming that the study takes into account the public transportation system when calculating the number of vehicles, traffic and parking but the bus system in Pleasant Hill is not convenient and so fewpeople rely on it for transportation.Houses that are less than 10 ft apart are harder to defend from fire spreading to nearby houses. https://firerescuemagazine.firefighternation.com/2009/03/20/too-close-for-comfort/#gref This point was brought up at the scopingquestion section but not addressed in the DEIR. Perhaps the houses could be slightly smaller on each side to keep within the 10 ft between house spacing. This fire spread was not addressed in the DEIR. Another area of great concern is the Creek drainage proposals in the DEIR. In it there is a lot of information about the new drainage system that will be added to the project. It states that the 100 year flood plain flow pattern willnot be altered but the storm water will be diverted into series of pipes and bio catch basins to contain the water and reroute it to Grayson Creek via new outfall structures and reinforced creek bank. There are no diagrams ordetailed descriptions about how this new system will be integrated into the Grayson Creek restoration and Creek trail that have been so widely discussed. There is a section that states 242 linear feet of riprap will be installedwith new outfall structures, but without diagrams or a greatly detailed description of where and how this will be implemented. It is impossible to analyze what impact this will have on the creek ecosystem of micro invertebratesthat in turn effects the birds and otters documented to be seen in the creek. Therefore it if impossible to conclude that there is a less than significant impact on this ecosystem. (Below is attached a picture of a riprapped creekbank at the Golf Club bridge in Pleasant Hill).Also, C3 guidelines state:https://www3.epa.gov/npdes/pubs/sw_state_summary_standards.pdf“Post-development peak storm water runoff discharge rates shall not exceed the estimatedpre-development rate for developments where the increased peak storm water dischargerate will result in increased potential for downstream erosion. Individual jurisdictions areadopting standards applicable to their conditions.”Hydromodification controls also have to comply with C3g requirements within the context of Provision C.3.g. “In-stream measures shall be an option only where the stream, which receives runoff from the project, is alreadyimpacted by erosive flows and shows evidence of excessive sediment, erosion, deposition, or is a hardened channel. .,( “highly developed watersheds” refers to catchments or sub-catchments that are 70 percent impervious ormore)”https://www.waterboards.ca.gov/centralvalley/board_decisions/adopted_orders/contra_costa/r5-2010-0102_npdes.pdfGrayson Creek does not contain 70% or more imperious surface next to the Oak Park Properties Specific Plan and so I am wondering if rip rap is even necessary considering that there is no riprap present in the creek now. TheC3 guide states that “LID (Low Impact Development) has been found to be feasible for nearly all development sites.” Page 44 of the C3 Storm Water Guidebook.https://www.cccleanwater.org/userfiles/kcfinder/files/Stormwater_C3_Guidebook_7th_Edition_2017-05-12%281%29.pdfI believe that there are better alternatives to rip rap for bank stabilization such as bio-engineering techniques with willows and other native plants that also have other benefits such as an enhanced wildlife ecosystem and is muchmore attractive next to a trail. Studies show that planting in dirt around riprap is not usually very successful because of the shallow soil base in the riprap. Other methods have proven to be better for bank stabilization andwildlife enhancement. 67891011GOLLOP_BADE Page 2 of 4 Reference: “Restoring Neighborhood Streams, Planning, Design and Construction” By Ann Riley, Island Press; 2016 ; “Restoring Streams in Cities, A Guide for Planners, Policymakers, and Citizens” By Ann Riley, IslandPress 1998.Appendix K page 59 section 21 A: Discusses the relationship of Oak Park Properties Specific Plan to the City’s General Plan. There are many flawed assumptions here. Page 59 : “General Plan goals: Require reclamation of degraded streams and riparian areas, including wildlife migration corridors, where possible, in co-operation with flood control” DEIR states “ Consistent: Within the Grayson Creek Civic project. Would upgrade existing outfalls.” How does rip raping sections of a creek reclaim a degraded stream? The County has a 50 Year Plan that states:“On April 9, 1999, Contra Costa County held its first Watershed Symposium. At that Symposium, we outlined a vision to convert our concrete and rip-rap lined channels into natural systems that safely convey the same floodwaters. Over the years, this vision has been reviewed and refined. The purpose of this paper is to identify the benefits for the Flood Control District to convert its first generation infrastructure, consisting of concrete and rip-raplined channels, to second generation facilities, consisting of natural creek systems, and the methods to achieve this. The vehicle to achieve this is long range planning for creek enhancement.” The entire report can be read here:https://www.contracosta.ca.gov/DocumentCenter/View/6853/50---Year-Plan-3-20-09-BOS-compressed?bidId=The County, I am sure, would like to uphold its own planning guidelines by not using riprap in this creek. The Contra Costa Flood Control District has been involved in a very large project to restore Lower Walnut Creek towetlands and to more closely approximate the area to the original ecosystem that was originally there. Grayson Creek empties out just above the Lower Walnut Creek Restoration Project near Imhoff Dr and any trash andpollutants from this project could affect this riparian restoration project. https://www.contracosta.ca.gov/5784/Lower-Walnut-Creek-Restoration-Project. Salmon and other fish have been documented to swim up Walnut Creek asfar as the first drop structure near Willow Pass Rd in Concord. Grayson Creek joins Walnut Creek below this drop structure, and has been historically native habitat for these fish. Yet more reason to keep Grayson Creek in its’upper reaches as natural as possible.Section 22A General Plan Goal: Minimize the impact on Plants and animals including sensitive habitat and migration corridors. Consistency Determination: States that they might find birds protected under the Migratory SpeciesAct and will do nesting studies prior to construction. There are 70 species of birds already documented by a two year study including 5 raptor species, (including documented picture of mating Red shouldered hawks) along withdocumented otter sightings. None of this was mentioned in the study or the effects of this project on those biological resources.(The bird survey was a joint project between Mt Diablo Audubon and Friends of Pleasant Hill Creeks). The General Plan Consistency determination is not a valid conclusion based on the arguments presented in this document.In Conclusion, This DEIR has so much missing data and invalid assumptions that it is hard for me to see how the City can except such a flawed document. I hope that those reviewing this document will see the many flaws anderroneous arguments and challenge First Carbon to do a better job at analyzing and drawing their conclusions. I think that it is important for a DEIR to accurately describe the environmental impacts that the project causesbecause they are much harder if not impossible to mitigate after the project is built. It will require the City and thus the Citizens of Pleasant Hill to bear the costs and endure the degradation of trying to reverse any unwantedimpacts generated by this project that were not accurately discussed and removed or mitigated during the design phase of the project.SincerelyWendy Gollop and Alan Bade280 Longfellow DrPleasant Hill CA 9452311 CONT.121314GOLLOP_BADE Page 3 of 4 15GOLLOP_BADE Page 4 of 4 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐133  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Wendy Gollop and Alan Bade (GOLLOP_BADE)  Response to GOLLOP_BADE‐1  The comment provides introductory remarks. No response is necessary.   Response to GOLLOP_BADE‐2  The commenters express concern with respect to an increase in cut through traffic on Longfellow  Drive and Pleasant View Drive. They also express concern with the lack of walking and biking  facilities along Pleasant View Drive and conflicts with vehicles.   The proposed plan is not expected to appreciably increase the level of cut‐through traffic on  neighborhood roadways in the surrounding area. Assigning project trips to a variety of “cut‐through  routes” on minor roadways could dilute the potential effect of project traffic on the roadway system,  and understate the overall impact of traffic associated with the proposed plan.   Based on guidelines developed by the Contra Costa Transportation Authority, potential study  intersections to include in a TIA are typically identified by the level of traffic that a project could add  to a specific location, with a 50‐vehicle trip increase to a signalized intersection during either the  morning or evening peak‐hour established as a typical threshold requiring analysis. Based on the  level of vehicle traffic generated by the proposed plan, very few intersections in the study area meet  the threshold for requiring analysis.  The segment of Longfellow Drive referenced in the comment connects Keats Circle (which intersects  with Oak Park Boulevard) and Patterson Boulevard. Direct access to a retail center as well as several  single‐family homes is provided from Longfellow Drive. Given the location of Longfellow Drive to the  plan area, the proposed plan is not expected to add through traffic to this roadway facility.   With respect to walking and bicycling facilities, the Draft EIR acknowledges that there are many  streets within the vicinity of the plan area that do not provide bicycle or pedestrian facilities,  including some portions of Oak Park Boulevard. As part of the proposed plan, bicycle and pedestrian  facilities would be improved along the project frontage, and connections to transit would be  enhanced. The proposed plan’s contribution to added vehicle traffic on streets without pedestrian  and bicycle facilities was acknowledged in the TIA; these increases did not rise to a level of  significance under CEQA. In addition, the City is currently undertaking a General Plan Update, which  will identify citywide strategies to improve bicycle and pedestrian facilities.   Response to GOLLOP_BADE‐3  The commenters assert that traffic apps direct traffic into neighborhoods. The comment does not  identify any areas where the transportation analysis contained in the Draft EIR fails to meet the legal  requirements nor does it identify any significant impacts that are not adequately discussed in the  Draft EIR. No response is necessary.   Response to GOLLOP_BADE‐4  The commenter questions the significance conclusions in the TIA given the data provided in Tables  11 and 12 of Appendix J.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐134 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  The findings of significance in the TIA are based on significance threshold that are presented in the  TIA and the Draft EIR (see Section 3.15, Transportation). While the effects of the added vehicle traffic  from the proposed plan may be noticeable in the immediate study area, those effects do not rise to  a level of significance under CEQA.   Response to GOLLOP_BADE‐5  The commenters assert that the TIA was completed without specific information about details of the  Oak Park Properties Specific Plan and that its conclusions are not accurate. Generally, a project  description must contain “a sufficient degree of analysis to provide decision makers with information  which enables them to make a decision which intelligently takes account of environmental  consequences.”52  CEQA Guidelines specifically state that a project description “should not supply extensive detail beyond  that needed for evaluation and review of the environmental impact.” Specifically, CEQA requires a  “general description of the project’s technical, economic, and environmental characteristics,  considering the principal engineering proposals if any and supporting public service facilities.”53  Accordingly, EIRs are not required to include an extensive recitation of every detail. Instead, the project  description should describe the main features of a project. EIR project descriptions are inadequate  when the EIR limits the scope of environmental review by artificially narrowing the project description,  thus minimizing the project’s impacts and limiting review. The description of the Specific Plan complies  with all legal requirements for a project description articulated in Section 15124 of the State CEQA  Guidelines.  Response to GOLLOP_BADE‐6  The commenters raise concern about the size of the houses and their setbacks.   The Oak Park Properties Specific Plan sets forth site development standards for the Residential  Project (see Table 3.9‐6 and Table 3.9‐7 in Section 3.9, Land Use).54 As discussed under Impact LUP‐1,  the Residential Project would be compatible with the Pleasant Hill 2003 General Plan land use  designations in the vicinity as well as the general development pattern of residential neighborhoods  further south in the City of Walnut Creek and the educational uses to the north. Moreover, the  proposed plan would be consistent with the Pleasant Hill 2003 General Plan policies adopted for the  purpose of avoiding or mitigating an environmental effect (see Table 3.9‐8).  The City would adopt the proposed plan to guide future development within the plan area. The  proposed plan describes the distribution, location, and extent of land uses (including open space).  Pursuant to the proposed plan, the Residential Project would be required to adhere to proposed  building standards and design criteria (including landscaped areas) as set forth in the Specific Plan  and design guidelines. The land use schedule generally defines the permitted, conditional, and  temporary and accessory uses within the area covered by the proposed plan. Adherence to the  policies set forth in the proposed plan and review of the proposed plan by the Architectural Review                                                               52  Dry Creek Citizens Coalition v. County of Tulare (1999) 70 CA 4th 20, 26.  53  CEQA Guidelines Section 15124(c); emphasis added.  54  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.9‐14  and 3.9‐15. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐135  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Commission and the Planning Commission prior to approval would ensure compatibility with  community standards including any development standards regulating setbacks.55  Response to GOLLOP_BADE‐7  The commenters state that the Draft EIR does not provide the source for the student generation rate.  The generation rates used in the Draft EIR were 0.2 elementary school students per unit, 0.2 middle  school students per unit, and 0.17 to 0.25 high school students per unit resulting in 21 elementary  school students, 21 middle school students, and 18 to 26 high school students for a maximum of 68  students. These rates were taken from nearby Walnut Creek School District and Acalanes Union High  School District.56 The Specific Plan uses generation rates of 0.1789 (elementary school students),  0.0879 (middle school students), and 0.0997 (high school students) which were provided by the  School Fee Justification Study dated April 10, 2018. The Draft EIR provides a higher generation rate  than the Specific Plan, and the Draft EIR concluded that impacts to schools would be less than  significant. Therefore, the rates provided in the Specific Plan, which are lower than the rates in the  Draft EIR, would also result in a less than significant impact to schools.  Response to GOLLOP_BADE‐8  The commenters state that the Draft EIR does not evaluate the impacts of amplified noise from the  new ball fields associated with the Civic Project. The commenter notes that on October 6, 2019, an  event was held adjacent to the project site and amplified noise could be heard at their residence on  Longfellow Drive.   Please refer to Response to BADE.2‐1.   Response to GOLLOP_BADE‐9  The commenters state that there was a lack of parking during an event on October 6, 2019, and  expresses concern regarding a lack of parking during operation of the proposed plan.   For impacts related to closing the existing library and use of a temporary library, please refer to  Master Response 3—Parking.   Response to GOLLOP_BADE‐10  The commenters express concern with the spacing of the houses and fire spread.   The Residential Project would comply with the California Building Standards Code (CBC), which is  adopted by the Contra Costa County Municipal Code. In compliance with the California Fire Code,  Part 9 of the CBC, the Residential Project would follow standards for fire safety including any spacing  requirements, fire flow requirements for buildings, fire hydrant location and distribution criteria,  automated sprinkler systems, and fire‐resistant building materials.57 Additionally, the development  would comply with the setback standards set forth in the Oak Park Properties Specific Plan, which  are currently under review by the City and will be approved or denied by the City Council.                                                                55  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.9‐30. August.  56  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.12‐14.  August.   57  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Page 3.12‐11. August.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐136 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to GOLLOP_BADE‐11  The commenters express concern about the proposed storm drainage improvements.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements. The  project sponsor for the Civic Project has submitted a notification of Lake and Streambed Alteration  Agreement (LSAA) to the CDFW to address impacts to riparian features. As of November 12, 2019,  the CDFW has deemed the application complete indicating that sufficient information has been  provided. The City is studying alternate methods of slope protection at the outfalls in accordance  with recommendations of the USACE Stability Thresholds for Stream Restoration Materials, including  the use of less rock protection and may refine the design in coordination with the USACE and the  CDFW, as well as the RWQCB.   Response to GOLLOP_BADE‐12  The commenters assert that there are many flawed assumptions included in Oak Park Properties  Specific Plan (Appendix K of the Draft EIR) and provides text from the County’s 50 Year Plan.   As described in Section 3.3, Biological Resources, the City is proposing to use a combination of riprap  and vegetation in discrete sections at the outfall locations and not along the entire length of the  Grayson Creek channel. Areas of permanent impact that receive hard treatments (e.g. riprap) to  prevent erosion will have native planting (e.g. willows [Salix exigua]) incorporated into the design to  provide habitat for wildlife and water quality functions as well as bank stabilization. Integration of  brush layering, pole planting, and live siltation techniques will be used during riprap placement to  ensure contact with native ground. Vegetation includes willow cuttings, and graded granular filter or  filter fabric will be used to improve root penetration; and cobbles, gravel, and soil will be placed  around cuttings. Vegetation that is currently absent will help to provide a natural streambank and  buffer along the creek. The combination of riprap and vegetation will improve habitat function and  erosion control along Grayson Creek compared to its current condition.   The City will maintain the Grayson Creek outfall improvements and will implement BMPs in a  manner to minimize indirect effects, just as it does for any of its storm drainage improvements  within creek channels as described in Section 3.8, Hydrology, in the Draft EIR. A SWPPP will be  implemented during construction, and a Stormwater Control Plan has been developed and will be  implemented, following construction. The proposed improvements include upgrades to existing  stormwater outfalls and construction of bioretention ponds, as well as storage and detention of  stormwater at the site of the proposed sports fields during extreme rain events (such as 100‐year  events). The hydrological analysis indicates that the inclusion of bioretention features in the design  of the proposed plan results in a reduction of peak flows for the 25‐year storm event in the post‐ development model. The proposed improvements are therefore not expected to negatively impact  the downstream Lower Walnut Creek Restoration Project.  Response to GOLLOP_BADE‐13  The commenters provide text from Section 22A from the Pleasant Hill 2003 General Plan and state  that there are 70 species of bird documented by a 2‐year study including five raptor species.   Please refer to Response to FPHC‐2.   City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐137  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to GOLLOP_BADE‐14  The commenters assert that the Draft EIR is missing data and includes invalid assumptions.   This comment does not provide an example of what causes the analysis in the Draft EIR to be  incomplete, inaccurate, or inadequate for purposes of CEQA. The Draft EIR contains sufficient  information and has an accurate and detailed description sufficient to inform decision‐makers of the  Specific Plan’s potential environmental effects.  Response to GOLLOP_BADE‐15  This comment includes the photograph referenced in comment GOLLOP_BADE‐11. No further  response is required.     THIS PAGE INTENTIONALLY LEFT BLANK From: biozoid@mail.com [mailto:biozoid@mail.com] Sent: Saturday, September 14, 2019 10:58 AM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: Comments on Oak Park ProperƟes E.I.R. Animal life (aka wildlife) is difficult to assess over a short survey period so here's some help, especially as it concerns a rarely seen creature which was not mentioned in the EIR. I, regularly, have walked the area with a dog and collected litter. I would like to ammend the EIR with these observationd: PACIFIC RING-NECK SNAKE: Actually on-site! This is my report to the librarian. ************************ *From: biozoid@mail.com [biozoid@mail.com] *Sent: Friday, April 19, 2019 3:33 PM *To: Patrick Remer *Cc: grynaf@yahoo.com *Subject: Ring-necked snake found at proposed site of new Contra Costa library branch * *Patrick: *I found a Pacific ring-necked snake (Diadophis punctatus amabilis) on approx. April 2015 (shortly before my cellphone *with pictures of it was stolen), under a board, just outside (south) of the fence surrounding Pleasant Hill Middle School's *running track and about 50 yards from the creek east of the school. This puts the species on the site of the proposed *new Pleasant Hill branch of the Contra Costa Library. * *A photo of a similar Contra Costa form of the snake can be seen californiaherps.com * *Cheers, * *Dennis Harris HARRIS Page 1 of 2 1 G ~ ff 1,yCoogle ************************* The location of the snake in terms of the EIR maps is about 200 feet due west of the creek, just south of the northern fenceline. I left it where I found it. FOOTHILL YELLOW-LEGGED FROG (RANA BOYLII) The species is mentioned in Table 2: Special Status Wildlife Species Potentially Occurring Within the Project The status code is "CT" fide CDFW which is not defined in the report. Shall we assume "California Threatened." There is a population of these frogs that use the water feature in the front yard of 14 Amber Lane, Lafayette,CA, rather near the Lunardi's Market ca. 2 miles from the Oak Park site. I have not seen them in the stream next to the proposed development, but I wouldn't think "unlikely to occur" is the best entry for Table 2. OTHER REPTILES AND AMPHIBIANS that frequent the site and/or stream: Alligator lizard (Elgaria multicarinata) -- one seen on the library front walk. Western Fence lizard (Sceloporus occidentalis) -- commonly seen. California Slender Salamander (Batrachoceps attenuatus) -- common in my yard and probably a main food item of ring-necked snakes. Sierran Treefrog (Pseudacris sierra) -- I've heard it's calls by the stream. Submitted by Dennis M. Harris, Herpetologist, Taxonomist 925/937-3149 513 Patterson Blvd Pleasant Hill, CA 94523 HARRIS Page 2 of 2 1 CONT 2 3 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐141  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Dennis Harris (HARRIS)  Response to HARRIS‐1  The commenter references their personal experience walking on or near the site and encountering  Pacific ring‐neck snake (Diadophis punctatus amabilis).   This species is not a listed or sensitive species and their localized populations would not be  significantly impacted by implementation of the proposed plan. Implementation of the mitigation  measures already identified in the Draft EIR would also reduce impacts to these species, to the  extent practicable.   Response to HARRIS‐2  The commenter notes that the CDFW status code “CT” is not listed in Table 2: Special‐status Wildlife  Species Potentially Occurring Within the Project, in Appendix D of the Draft EIR. The commenter also  states that a population of yellow‐legged frog (Rana boylii) inhabits a water feature in Lafayette,  California, approximately 2 miles south of the Civic Project site and disagrees with the determination  that they would be “unlikely to occur” on the Civic Project site. The commenter notes that he has  not seen yellow‐legged frog within Grayson Creek.   The errata includes an updated Table 2, in which the status code “CT” is clarified as California  Threatened.   As noted in Table 2: Special‐status Wildlife Species Potentially Occurring Within the Project, in  Appendix D of the Draft EIR, there is a lack of suitable habitat and extremely high level of  disturbance within the Civic Project site. In addition, there is a lack of deep water depth and a lack of  recorded sighting within or nearby the Civic Project site. Therefore, the determination of “unlikely to  occur” is appropriate.   Response to HARRIS‐3  The commenter lists reptile and amphibian species that frequent the plan area and Grayson Creek  based on their personal experience living and walking near the Civic Project site.   None of the species listed by the commenter is a sensitive species, and their localized populations  would not be significantly impacted by construction of the Civic Project. Implementation of the  mitigation measures already identified in the Draft EIR would also reduce impacts to these species,  to the extent practicable.     THIS PAGE INTENTIONALLY LEFT BLANK October 15, 2019 City of Pleasant Hill Planning Division 100 Gregory Lane, Pleasant Hill, CA Comments to Oak Park Properties Specific Plan, DEIR, Residential Properties The DEIR, does not have sufficient traffic data on the impact on surrounding properties and residential streets especially in regards to the cumulative impact report. Appendix J Pages 8 and 46 . • The addition of project traffic at a study intersection would result in the 95th percentile vehicle queue exceeding the available storage or would increase 95th percentile queue by more than two vehicles where the queue already exceeds the available storage space (for example, vehicle queues extending beyond the available turn pocket length, impeding travel in the adjacent lanes) The amount of traffic associated with the project was estimated using a three-step process: 1. Trip Generation – The amount of vehicle traffic entering/exiting the site was estimated. 2. Trip Distribution – The direction trips would use to approach and depart the area was projected. 3. Trip Assignment – Trips were then assigned to specific roadway segments and intersection turning movements. Cumulative Conditions Much like Pleasant Valley Dr/OakPark , Eccleston Avenue is frequently used as a thorough fare from Putnam Blvd. to access Oak Park Blvd as is McNutt Blvd. Questions: Why isn’t the safety of pedestrians and bicyclists being studied on the intersection of Eccleston Avenue and Oak Park Blvd? . What is the vehicle cue impact on Eccleston Avenue ? What is the vehicle cue impact on McNutt Blvd? How will the fire department access be impacted (hydrant near Oak Park on Eccleston Avenue)? Will the cumulative impact of these projects impede travel in adjacent lanes? Recommendation: In order to do a complete EIR for the surrounding area , the impact of these multiple projects needs to be thoroughly studied on Eccleston Avenue and McNutt Blvd. This street is located directly across from the new library site, and the new expanded Fountain Head day care center (Oak Park & Eccleston Avenue, where the drop off is currently slated to either enter or exit on Eccleston Avenue) and is used as a thorough fare from Putnam Blvd to Oak Park Blvd, as is McNutt Blvd . The impact of additional traffic and safety needs to be thoroughly studied . KELLEY Page 1 of 2 1 2 3 4 5 6 7 8 Page 2 Cumulative Conditions Impacts and Mitigation Page 60 Transit Accessibility County Connection…. Recommendation 6: Consider working with County Connection to provide an eastbound bus stop on the south side of Oak Park Boulevard, just east of Monticello Avenue. These recommendations are the same for the existing and cumulative conditions. Questions: 1. What will the traffic impact be of a bus stop on the south side of Oak Park Boulevard? 2. What is the safety impact? 3. How will this impact side street visibility? Appendix H Floodplain-Evaluation Comments: Additional clarification on how rain runoff /basins will work is needed. Questions/comments 1. In an area already prone to flooding, will the Bioretention Basins be providing flood protection for surrounding areas? Will they be used to manage runoff so that current conditions are improved? 2. If Basins are only to mitigate, who will measure and ensure that no additional runoff as a result of these projects impacts surrounding neighborhoods? What will be the consequence if it does? Leslie Kelley 3216 Eccleston Avenue Walnut Creek, CA KELLEY Page 2 of 2 9 10 11 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐145  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Leslie Kelley (KELLEY)  Response to KELLEY‐1  The commenter states the Draft EIR does not have sufficient traffic data to fully analyze the project’s  impact on surrounding properties, residential streets, and the cumulative impact determination. The  commenter then cites information from pages 8 and 46 from the TIA.   The citation provided by the commenter restates the significance threshold. The commenter makes  a general statement that there is not sufficient traffic data, but does not provide support for that  assertion. The TIA provides an evaluation of Cumulative Conditions that includes Cumulative Plus  Plan Conditions for intersection level of service, vehicle queues, signal warrants, transit, bicycle, and  pedestrian circulation and facilities. As discussed in the TIA and the Draft EIR, and as analyzed  against the significance thresholds, the addition of traffic associated with implementation of the  proposed plan would result in less than significant impacts for all thresholds of significance under  the Cumulative Plus Plan Condition.58,59   Response to KELLEY‐2  The commenter summarizes the TIA’s methodology and restates the Cumulative Conditions  description of Eccleston Avenue.   The comment is noted and no further response is required.   Response to KELLEY‐3  The commenter asks why the safety of pedestrians and bicyclists on the intersection of Eccleston  Avenue and Oak Park Boulevard is not being studied as part of the Draft EIR.   The TIA evaluated pedestrian bicyclist safety on Eccleston Avenue as it is located approximately 200  feet from the intersection of Oak Park Boulevard at Monticello Avenue, and approximately 190 feet  from the mid‐block crossing of the EBMUD Trail on Oak Park Boulevard. Pedestrian and bicycle  crossings are provided to the east and west of the Eccleston Avenue/Oak Park Boulevard  intersection, at both the Oak Park Boulevard/Monticello Avenue and EBMUD Trail/Oak Park  Boulevard intersections. The proposed plan is not expected to add vehicle traffic to Eccleston Avenue  and thus would not increase potential traffic conflicts with pedestrians and bicyclists crossing  Eccleston Avenue at Oak Park Boulevard.   Response to KELLEY‐4  The commenter asks what the vehicle queue impact of the plan would be on Eccleston Avenue.   The addition of traffic associated with the proposed plan on Oak Park Boulevard is not expected to  significantly change the levels of vehicle queuing on Eccleston Avenue. Additionally, improvements  constructed as part of the proposed plan at the Oak Park Boulevard and Monticello Avenue  intersection are expected to reduce the level of westbound vehicle queue spillback on Oak Park  Boulevard around school bell times that periodically extends past Eccleston Avenue.                                                               58  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.14‐70  through 3.14‐74. August.  59  Fehr & Peers (F&P). April 2019. Oak Park/Monticello Mixed‐Use Project Final Transportation Impact Analysis. Pages 47‐56.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐146 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to KELLEY‐5  The commenter asks what the vehicle queue impact of the proposed plan would be on McNutt  Boulevard.  McNutt Avenue connects Putnam Boulevard to Eccleston Avenue. The proposed plan would not  affect the extent of vehicle queues on Putnam Boulevard at Oak Park Boulevard. Existing vehicle  queues on Putnam Boulevard that periodically impedes access to and from McNutt Avenue from  Putnam Boulevard are not expected to change with implementation of the proposed plan.  Therefore, the vehicle queue impact to McNutt Avenue is negligible.   Response to KELLEY‐6  The commenter asks how fire department access would be impacted by the proposed plan and lists  a fire hydrant near Oak Park Boulevard and Eccleston Avenue.   Access to fire hydrants in the area is not proposed to change as part of the proposed plan.  Additionally, the Fire Department is reviewing all improvement plans to ensure that adequate access  to fire hydrants is maintained. As discussed in Impact TRANS‐4 in Section 3.14, Transportation, in the  Draft EIR, all access points would be required to comply with Pleasant Hill Municipal Code Chapter  14.05, requiring a fire apparatus access roadway have a minimum width of 20 feet and be capable of  providing a minimum standard turning radius of 25 feet inside and 45 feet outside.60  Response to KELLEY‐7  The commenter asks if the cumulative impact of both the Civil and Residential projects would  impede travel in adjacent roadway lanes.   It is not clear as to what specific lanes the commenter is referring to. However, the intersections in  the study area are projected to operate at acceptable levels of service during peak hours. Therefore,  travel impedance in the study area is not anticipated.  Response to KELLEY‐8  The commenter states that the Draft EIR needs to analyze the traffic and roadway safety impacts of  the Residential and Civic projects on Eccleston Avenue and McNutt Boulevard.   Approved and pending projects in the immediate study area, including the Fountain Head Day Care  Center, were considered in the cumulative evaluation, including regional growth analysis.  Additionally, the Fountain Head Day Care Center was required to provide a detailed assessment of  site access and circulation to their site. As this development, as well as others, was already  accounted for in the analysis, no additional assessment is necessary.  Response to KELLEY‐9  The commenter restates text from the TIA regarding transit accessibility and includes  Recommendation 6, which discusses working with County Connection to provide an eastbound bus  stop on the south side of Oak Park Boulevard east of Monticello Avenue. The commenter then asks  what the traffic, roadway safety, and site distance impact would be from this recommendation.                                                                60  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.14‐67  through 3.14‐69. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐147  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Providing a bus stop on the south side of Oak Park Boulevard would improve transit accessibility to  and from the library and sports fields by providing a transit stop at a location with a signalized  pedestrian crossing at Oak Park Boulevard and Monticello Avenue, as well as a sidewalk connection.  CEQA requires an analysis of whether a project would “conflict with a program, plan, ordinance, or  policy addressing the circulation systems, including transit, roadway, bicycle, and pedestrian  facilities.” This bus stop would comply with all policies and provisions set forth by the City of  Pleasant Hill, including those policies and provisions related to transit accessibility and roadway  safety. Furthermore, this bus stop would operate similarly to how bus stops operate at other  locations along Oak Park Boulevard and would not represent an unusual condition.  Response to KELLEY‐10  The commenter asks for additional clarification on how the proposed bioretention basins would  work and how they would provide flood protection for surrounding areas.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to KELLEY‐11  The commenter asks who will measure and ensure that no additional runoff as a result of these  projects would impact surrounding neighborhoods and what the stormwater impacts of the projects  would be.   The new drainage facilities (including the bioretention areas and athletic fields) are designed to  ensure that no increase in surface water runoff would occur during storm events. The modeling and  quantitative analysis included in the Floodplain Evaluation Report (Appendix H) was used to support  the design of the proposed improvements. The proposed improvements would be publicly owned by  the City (storm drainage pipes and outfalls) and the Recreation and Park District (bioretention areas  and overflow areas on the athletic fields), who would be responsible for ongoing maintenance.    THIS PAGE INTENTIONALLY LEFT BLANK 1006 Hook Ave On Wed, Apr 17, 2019 at 1:10 PM Giles G Miller <gilesgmiller@gmail.com> wrote: Council Member Flaherty, I hope you are well. As you know, I am a resident of Hook Ave. I have made Pleasant Hill my home for 22 years. I love my community. I have been watching some of the back and forth discussions and meetings regarding the new library and additionaldevelopment on the Oak Park / Monticello Ave property. I think that anything we do to make Pleasant Hill awonderful place to live, work, and play is great. With all change comes some temporary discomfort, but as they say,this too shall pass. Because I do not have kids, or a particular need to use a library, I don' t have an opinion on thegap in time between tearing down the old building and the completion of a new one. In addition, I think that addingnew homes to the area boosts property values and tax revenues. There is one major concern I do have about theproposed development of the overall site. FLOODING! My home, and those of dozens of my neighbors, sits squarely in Zone AE. In the past 22 winters, I have seen thestreet flood up to my garage door about 15 times. For whatever celestial or man caused reasons, the past 4 yearsinstances have been particularly frequent. There is a culvert that runs between my home and my neighbor to theSouth that flows over to the creek along the walking trail. When the creek rises, the culvert backs up and the waterhas no where to go. It can get up to 2+ feet deep and makes the street impassable. I am the neighborhood floodgeek and it is my job to call PH Emergency services to send out some traffic control staff to place caution cones ateither end of the block to prevent cars from trying to ford the stream. This has caused many a sleepless rainy night. Homes in flood zones are required to have flood insurance by their mortgage holder. I write a $2100 check everyyear for the privilege of having said insurance. I guess knowing that when global climate change is complete in thenext 20 or so years, I may have an opportunity to submit a claim. In the mean time, it's a pretty hefty chunk ofchange each year. So that is my concern...flooding. Here are my questions... What are the leaders and planners of Pleasant Hill doing to address problems of flood prone areas of the city? What run off mitigation will be included in the plans for the Oak Park development? What is planned for the creeks capacity to be increased to allow for more run off from newly paved land? How will the city engage the residents who will (potentially) effected by increased up slope development? What ever happened to the catchment basin? These are thoughts that do keep me awake at night. I know that my neighbors feel the same way. Council MemberFlaherty, what can you say or do to address our concerns? Thank you for your service to out city, Giles Miller MILLER.1 Page 1 of 1 1 2 3 4 5 6 7 • • • • • THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐151  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Giles G. Miller, Letter 1 (MILLER.1)  Response to MILLER.1‐1  The commenter provides introductory statements, personal background, opinion about the  temporary impacts of the proposed plan, and states their main concern regards flooding.   Please see Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to MILLER.1‐2  The commenter describes the existing flooding conditions that have occurred in their neighborhood  and the cost of flood insurance.   The comment is noted; please see Master Response 2—Hydrology, Flooding, and Storm Drainage  Improvements.   Response to MILLER.1‐3  The commenter asks what the City of Pleasant Hill is doing to address flooding in flood prone areas.   Please see Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to MILLER.1‐4  The commenter asks what mitigation the proposed plan would provide to address stormwater runoff.  Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to MILLER.1‐5  The commenter asks what planned improvements to Grayson Creek would do to address the  increased runoff generated from additional paved areas as part of the Civic Project.   No increase in creek capacity is proposed as part of the Civic Project. The only planned  improvements within Grayson Creek are to upgrade three existing outfall structures, including  include erosion control measures such as the provision of riprap or alternative methods at the  outfalls for energy dissipation, and mitigation planting adjacent to these outfalls. Please refer to  Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   Response to MILLER.1‐6  The commenter asks how the City of Pleasant Hill will engage residents impacted by upslope  development.   The Draft EIR provides information regarding the proposed storm drainage improvements. The public  had the opportunity to comment on the Draft EIR and the public comment period on the Draft EIR  ran for 45 days (from August 30 to October 15).  Response to MILLER.1‐7  The commenter asks what happened to the stormwater catchment basin and expressed that  flooding is a major concern of nearby residents.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐152 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Following the storms of 1997 in the City of Pleasant Hill, interest in a flood protection project in  flood plain areas was rekindled. In 2001, the Contra Costa County Board of Supervisors formed the  South Pleasant Hill Ad Hoc Policy Task Force and the USACE began a Reconnaissance Study to  determine if the catchment basin project was worth a second look. The USACE completed their  Reconnaissance Study for Grayson Creek and Murderer’s Creek in March 2003. Through this study,  the USACE determined that there was enough federal interest in a proposed flood control project to  reduce historical flooding along both Grayson Creek and Murderer’s Creek and to proceed with the  next step—a Feasibility Study. In 2003, the City of Pleasant Hill and the Flood Control District entered  into an agreement to equally share the local cost of the USACE Feasibility Study. Phase 1 of the  Feasibility Study was completed in March 2007, and the investigations and analysis justified  proceeding with Phase 2 of the Feasibility Study. The Phase 2 study was substantially completed in  2013, and the USACE concluded that none of the project alternatives had sufficient cost/benefits  ratios to justify the project cost and compete at a national level for grant funds. The City Council has  since concluded that there are not sufficient funds (estimated at $40 million or more) or funding  opportunities for a detention basin project.  The Civic Project would not worsen flooding conditions in the plan area or the surrounding areas.  Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.    From: Giles G Miller <gilesgmiller@gmail.com>Date: Wed, Sep 18, 2019 at 2:33 PMSubject: Re: Oak Park developmentTo: Tim Flaherty <flaherty4ph@gmail.com> Hello Tim, Winter is coming... I have been keeping one eye on the debate and competing interests around the developments proposed along Oak Park.It does seem to be a LOT of building, covering over of open space, and increased traffic and congestion. I don't have astrong opinion on any one issue at this time, but give me a chance. I am still VERY concerned about the potential that all this asphalt will have on the drainage just up slope from my house. ( and don't get me started about the Molino property!) I really need to know, as do all those in my neighborhood, whatthe city is going to do about the increased runoff from the paved plots of land. I think it is time you have some dialoguewith those who will be affected by the plans as they exist. A timely reply with input from city staff would be appreciated. Thank you, Giles MILLER.2 Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐155  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Giles G. Miller, Letter 2 (MILLER.2)  Response to MILLER.2‐1  The commenter restates their concern with the amount of existing pervious surface that would be  covered by impervious surfaces that would create additional stormwater runoff. In addition, the  commenter asks for continued dialogue between residents in the flood prone areas and the City.   Please refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.   There will be opportunities for public discussion as the project goes through the entitlement  process.    THIS PAGE INTENTIONALLY LEFT BLANK 2FWREHU  'HDU0U)XMLPRWR  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QLJKWZLWKVWXGHQWVDWWHQGLQJ$GXOW(GXFDWLRQQLJKWFODVVHV3OHDVHSURYLGHVSHFLILF GDWDRQGHWHUPLQLQJWKDWWKHUHUHDOO\DUHSDUNLQJVSDFHVDYDLODEOH  OFFERMAN Page 2 of 15 2 CONT 3 7KLV(,5QHHGVWRUHVROYHWKHIROORZLQJSDUNLQJVSDFHSUREOHP,IXVLQJWKHH[LVWLQJ ILHOGVWKDW5 3RZQVDVDJRE\GLYLGHGE\ 6RWKHWZRQHZEDOOILHOGV SDUNLQJQHHGVZRXOGEH; $GGWRWKHVWDWHGOLEUDU\UHTXLUHPHQWVRI VSDFHVRQZHHNGD\VDQGVSDFHVRQZHHNGD\V7KLVDGGLWLRQVKRZVWKDWWKHUHLVD PDMRUSUREOHPKHUH VSDFHVDQG VSDFHVERWKIDU H[FHHGLQJWKHSDUNLQJVSDFHVEHLQJSURYLGHG  7KH)LQDO7UDQVSRUWDWLRQ,PSDFW$VVHVVPHQWLQ$GGHQGXP-KLJKOLJKWVWKHWURXEOHZLWK WKHSDUNLQJSODQ)HKU 3HHU¶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³0RQLWRUSDUNLQJGHPDQGDWWKHVHQLRUDQGWHHQFHQWHUVZKHQWHPSRUDU\OLEUDU\XVHV RFFXS\ERWKVLWHVDQGVKRXOGDSRWHQWLDOSDUNLQJVKRUWDJHEHLGHQWLILHGGHYHORSD SDUNLQJPDQDJHPHQWSODQWREHWWHUDFFRPPRGDWHWHPSRUDU\OLEUDU\XVHV7KH SDUNLQJPDQDJHPHQWSODQFRXOGLQFOXGHDGMXVWLQJOLEUDU\KRXUVDGMXVWLQJ6HQLRU &HQWHUDFWLYLWLHVRUGLUHFWLQJUHVLGHQWVRI3OHDVDQW+LOOWRXWLOL]HRWKHUQHDUE\OLEUDULHV͘͟  ,QVSHDNLQJWRPDQ\PHPEHUVRIWKH3+6HQLRU&HQWHUPRVWKDYHYRLFHGIHDURIGULYLQJ LQWKDWFURZGHGSDUNLQJORWZLWKFKLOGUHQUXQQLQJEDFNDQGIRUWK7KLV(,5ZRXOGEH QHJOLJHQWWRQRWLQFOXGHDQLQGHSHQGHQW6HQLRU&HQWHUWUDIILFDQGSDUNLQJDQDO\VLV  ,DSSUHFLDWHWKLVRSSRUWXQLW\WRH[SUHVVP\FRQFHUQVRQZKDWLVJRLQJWRHYHQWXDOO\ SURYLGHXVZLWKDZRQGHUIXOQHZOLEUDU\6RPDQ\KDYHZRUNHGYHU\KDUGWRJHWXVWR WKLVSRLQWDQG,GRDSSUHFLDWHHYHU\RQH¶VHIIRUWV,ORRNIRUZDUGWRXVLQJWKDWQHZOLEUDU\  5HJDUGV  'LFN2IIHUPDQ +HULWDJH+LOOV'ULYH 3OHDVDQW+LOO&$   OFFERMAN Page 3 of 15 3 CONT 4 League of California Cities® 2019 Spring Conference Hyatt Regency Monterey 10 Things to Look for in an EIR Wednesday, May 8, 2019 General Session; 1:00 – 3:00 p.m. Michael Hogan, Partner, Hogan Law APC DISCLAIMER: These materials are not offered as or intended to be legal advice. Readers should seek the advice of an attorney when confronted with legal issues. Attorneys should perform an independent evaluation of the issues raised in these materials. Copyright © 2019, League of California Cities®. All rights reserved. This paper, or parts thereof, may not be reproduced in any form without express written permission from the League of California Cities®. For further information, contact the League of California Cities® at 1400 K Street, 4 th Floor, Sacramento, CA 95814. Telephone: (916) 658-8200. OFFERMAN Page 4 of 15 5 League of California Cities® 2019 Spring Conference Hyatt Regency Monterey Notes:______________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ ____________________________________________________ OFFERMAN Page 5 of 15 5 CONT 1 2019 City Attorneys’ Spring Conference League of California Cities REVIEWING AN EIR (Ten Steps for Success) Michael M. Hogan Hogan Law APC 225 Broadway, Suite 1900 San Diego, CA 92101 (619) 687-0282 mhogan@hgdlaw.com OFFERMAN Page 6 of 15 5 CONT 2 REVIEWING AN EIR Introduction The California Environmental Quality Act (CEQA) requires cities and other lead agencies to prepare an environmental impact report (EIR) for proposed projects which may have a significant impact on the environment. An EIR is intended to identify the potential adverse effects of a proposed project and to recommend mitigation measures and alternatives which can avoid or reduce those impacts. Because many development projects are controversial, EIRs often are subject to legal challenges. As a result, city attorneys are regularly asked to review EIRs for compliance with CEQA’s requirements before the documents are presented to the city council for certification. This paper provides practical advice for city attorneys who are tasked with reviewing the adequacy and completeness of EIRs. Although this paper refers to EIRs, the “Ten Steps for Success” discussed below are equally applicable to other CEQA documents, including initial studies, negative declarations and addendums. The recommendations in this paper are based on CEQA’s statutory provisions (Public Resources Code § 21000, et seq.), the CEQA Guidelines (California Code of Regulations, title 14, § 15000, et seq.) and the author’s 25 years of experience in advising cities and other public agencies on their duty to comply with CEQA. OFFERMAN Page 7 of 15 5 CONT 3 Ten Steps for Success 1. Support Assumptions and Conclusions with Substantial Evidence 2. Verify All Numbers 3. Address the Question Asked 4. Analyze the Extent of Potential Significant Impacts 5. Address Post-2030 GHG Emissions 6. Make Mitigation Measures Effective and Enforceable 7. Use the Active Voice 8. Don’t Defer Mitigation 9. Require Evidence of Infeasibility 10. Embrace Public Comments OFFERMAN Page 8 of 15 5 CONT 4 STEP 1: Support Assumptions and Conclusions with Substantial Evidence “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. It does not include argument, speculation or unsubstantiated opinion or narrative. (CEQA Guidelines § 15384.) For example, a determination that mitigation would “substantially” reduce significant impacts, which is not supported by facts or other evidence, is insufficient. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502.) x Do ask “why” or “who says so” with respect to all assumptions and conclusions x Don’t accept assumptions and conclusions at face value STEP 2: Verify All Numbers Inconsistent or incorrect numbers in the text or appendices of an EIR may result in an unstable project description or the understatement of potential impacts. (See, e.g., Ione Valley Land, Air and Water, etc. v. County of Amador (2019) __ Cal.App.5th ___ [although appendix to DEIR contained accurate data, that data was not reflected in the text of the DEIR]; San Joaquin Raptor Rescue Center v. County of Merced (2007) 149 Cal.App.4th 645 [inconsistencies in proposed aggregate mining project’s estimated annual production caused project description to be inadequate and misleading].) x Do check all numbers throughout the EIR x Don’t ignore the tables, figures or appendices OFFERMAN Page 9 of 15 5 CONT 5 STEP 3: Address the Question Asked EIRs often fail to address the specific question asked. This primarily occurs in two areas: (1) in an EIR’s analysis of the “thresholds of significance” which are used to determine whether an impact is significant or less than significant; and (2) in the responses to public comments on the adequacy of a Draft EIR. Thresholds of Significance (CEQA Guidelines § 15064.7) • Do address the questions asked • Don’t combine separate questions Responses to Public Comments (CEQA Guidelines § 15088) • Do restate the comment’s point or question in the response • Don’t ignore any points or questions raised in a comment STEP 4: Analyze the Extent of Significant Impacts An EIR’s designation of a particular adverse environmental effect as “significant” does not excuse the EIR’s failure to reasonably describe the magnitude of the impact. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 [EIR deemed insufficient because it identified significant air quality impacts but failed to discuss the extent of such impacts].) x Do discuss the magnitude or extent of significant impacts x Don’t skip from the nature of an impact to the necessary mitigation OFFERMAN Page 10 of 15 5 CONT 6 Example: Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? No soil or geologic conditions were encountered during the geotechnical investigation that would preclude the development of the property as presently planned, provided the recommendations of the geotechnical report and requirements under the California Building Code are followed. Therefore, impacts would be less than significant. STEP 5: Address Post-2030 GHG Emissions A lead agency must consider a project’s greenhouse gas (GHG) emissions in light of the statewide reduction targets for 2030 and 2050. In considering the effect of a proposed project on these long- term targets, an EIR’s analysis stays in step with evolving scientific knowledge and the state’s regulatory scheme. (Cleveland National Forest Foundation v. SANDAG (2017) 3 Cal.5th 497.) Environmental analysis is expected to improve as more and better data becomes available. This expectation applies to all aspects of an EIR, including: • Impact Analysis • Mitigation Measures • Alternatives (See, e.g., Cleveland National Forest Foundation v. SANDAG (2017) 17 Cal.App.5th 413.) OFFERMAN Page 11 of 15 5 CONT 7 STEP 6: Make Mitigation Measures Effective and Enforceable CEQA requires an EIR to identify mitigation measures which are both effective and enforceable. “Effective” means the measures can reasonably be expected to avoid or reduce a potential significant impact. (CEQA Guidelines § 15126.4(a)(1)(A).) “Enforceable” means the measures are stated as conditions of approval in a permit, agreement or other legally binding document or incorporated into a plan, policy, regulation or project design. (CEQA Guidelines § 15126.4(a)(2).) Do identify the four “W’s” in every mitigation measure: •Who •What •When •Where STEP 7: Use the Active Voice In Sierra Club v. County of Fresno (2014) 226 Cal.App.4th 704,the Fifth District Court of Appeal held that mitigation measures written in the passive voice are unenforceable because they fail to identify the person responsible for performing the mitigation. The Supreme Court declined to accept this view, holding that one could reasonably infer from the surrounding circumstances the identity of the person responsible for carrying out a measure. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502.) OFFERMAN Page 12 of 15 5 CONT 8 Nonetheless, use of the active voice should be encouraged because it increases the clarity of environmental documents. x Do use the active voice (“The project applicant shall implement the following noise reduction measures during construction . . . .”) x Don’t use the passive voice (“The following noise reduction measures shall be implemented during construction . . . .”) STEP 8: Don’t Defer Mitigation Don’t put off for future study or determination what can be done now. If practical considerations preclude devising mitigation measures at the time of project approval: • Do commit the agency to devising the measures in the future • Do identify specific performance standards which the measures must achieve • Do identify the types of potential actions that can feasibly achieve the performance standards (CEQA Guidelines § 15126.4(a)(1)(B).) Brand names may be an appropriate substitute for performance standards. (Sierra Club v. County of Fresno (2018) 6 Cal.5th 502 [EIR’s specification of “PremAir or similar catalyst system” deemed a sufficient performance standard for HVAC systems].) OFFERMAN Page 13 of 15 5 CONT 9 STEP 9: Require Evidence of Infeasibility Like conclusions regarding significant impacts, findings of infeasibility must be supported by substantial evidence. (CEQA Guidelines § 15091(b).) The unsubstantiated opinions of project applicants do not constitute substantial evidence. (Citizens of Goleta Valley v. Board of Supervisors of Santa Barbara County (1988) 197 Cal.App.3d 1167.) For development projects, economic infeasibility means the cost of a mitigation measure or alternative is so great that a reasonably prudent person would not proceed with the project. (SPRAWLDEF v. San Francisco Bay Conservation & Development Com. (2014) 226 Cal.App.4th 905.) • Do require comparative cost, profit and economic data • Do perform independent analysis of the evidence provided • Don’t accept unsupported assertions that mitigation measures or alternatives are too expensive STEP 10: Embrace Public Comments Every public comment which raises a “significant environmental issue” is entitled to a meaningful response, including detailed explanations of why specific comments and suggestions are not accepted. Conclusory statements, unsupported by factual information, are not sufficient. (CEQA Guidelines §§ 15088, 15204.) Use public comments to your advantage. The exhaustion doctrine requires objections to be sufficiently specific so that the agency has the opportunity to evaluate and respond to them. (Sierra Club v. County of Orange (2008) 163 Cal.App.4th 523 [must present “exact issue”].) Responses to comments are the last, best chance to prevent a successful legal challenge. OFFERMAN Page 14 of 15 5 CONT 10 Responses to comments also present another opportunity for a lead agency to tell its story. Although written responses are not required for late comments, it is prudent to provide written responses to all comments regardless of when they are received. (CEQA Guidelines § 15207.) When responding to comments: • Do remember who your audience is • Do repeat the comment in the response • Don’t use “Comment Noted” • Don’t be snarky or defensive Example: Comment: The proposed reverse-angle parking will be shunned by most drivers. Response: Commenter has offered no evidence whatsoever to support this assertion. Section 2.4.6 of the EIR states unequivocally that reverse-angle parking would improve sight-lines for approaching bicyclists and motorists, which completely refutes commenter’s interpretation. OFFERMAN Page 15 of 15 5 CONT THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐173  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Dick Offerman (OFFERMAN)   Response to OFFERMAN‐1  The commenter notes that the Draft EIR did not address the social impacts of closing the existing  Pleasant Hill Library to Pleasant Hill Middle School students or members of the Senior Center. The  commenter then requests that the Draft EIR conduct three new studies that analyze ball field  lighting, shared sports fields and library parking, and Senior Center traffic/parking.  For impacts related to closing the existing library and use of a temporary library, please refer to  Master Response 1—Schedule for Construction and Use of Temporary Library. For parking and  lighting impacts, please refer to Master Response 3—Parking, and Master Response 4—Lighting.   Response to OFFERMAN‐2  The commenter requests that an independent ball field lighting analysis be completed. The  commenter states that the Lighting Peer Review Memo, provided in Appendix B of the Draft EIR, is  inadequate to fully analyze lighting impacts from the proposed ball fields. The commenter explains  that lighting from the ball fields (including fly ball up lighting) would extend across Grayson Creek  and impact single‐family homes, which would be in conflict with City of Pleasant lighting standards.  The commenter also expresses concern regarding further adjustments being made for the ball field  lighting after installation.  Please refer to Master Response 4—Lighting.  Regarding the post‐installation adjustments recommended by the Lighting Peer Review Memo, these  adjustments, if needed, are standard practice and would help to further reduce lighting impacts on  surrounding neighborhoods.   Response to OFFERMAN‐3  The commenter requests that an independent parking analysis be conducted for the proposed ball  fields and library. The commenter states that parking should be evaluated in the Draft EIR because  cars have a physical impact on the environment. The commenter then questions the methodology  used for calculating the amount of parking near the project site and asks for specific data that  demonstrates 290 parking spaces are available for the ball fields and library and notes that 290  divided by 26.25 equals eight fields, and 231 divided by 33 equals seven fields. The commenter  assumes that eight fields were occupied on the weekday and the Saturday when parking counts  were taken.  Parking counts were conducted as part of the TIA on a Saturday at 10:00 a.m., at noon on a day with  tournaments at the athletic field, and on a typical weekday at 2:00 p.m. and 6:00 p.m. The parking  surveys included on‐street and off‐street parking facilities, including parking facilities at Pleasant Hill  Middle School. The parking survey results indicated that, on a weekday, peak parking demand on a  tournament evening was 290 spaces. The reason for the discrepancy that the commenters notes is  that on the weekday when parking counts were taken, eight fields were in use and only seven fields  were in use on the Saturday when the counts were taken. The survey confirms that while some  parking areas operate at or near capacity during some intervals, there is sufficient overall parking  provided in the plan area such that parking spillover to adjacent neighborhood streets is minimal.  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐174 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Although parking demand for any one use may be higher than presented in the Draft EIR or TIA  during certain times or days, there is overall sufficient parking space supply to accommodate parking  demand. In addition, given the various uses in the surrounding area, such as schools, parks,  residential uses, and commercial retail uses, it is difficult to predict the exact level of parking  demand for each individual activity in the plan area.   Overall, a peak parking demand of 40 spaces per ball field was used to estimate future parking  demand associated with the Civic Project. As each sports team could include 12‐15 participants, plus  referees, and some spectators, the level of parking demand associated with each field  (approximately 40), accurately represents the expected levels of activity on the sports fields (24‐30  participants, plus support/spectators). The Civic Project would include a total of 165 parking spaces  to support the use of both the library and sports fields. As part of the TIA, preparation of a shared  parking agreement between the City and the Recreation and Park District was recommended such  that parking could be shared between the uses to make efficient use of the off‐street parking  resource.   Response to OFFERMAN‐4  The commenter request that an independent parking study be conducted for the Senior Center due  to safety concerns and limited parking availability.  Neither the temporary library hours nor Senior Center hours are proposed to change based on  sports league events. During the time when the library is temporarily inside the Senior Center, an  assessment of parking at the Senior Center will be undertaken by the Recreation and Park District to  inform the temporary library schedule at the Senior Center as well as identify strategies to best  manage overall parking supplies at the Senior Center.  Response to OFFERMAN‐5  The commenter includes the attachment, “10 Things to Look for in an EIR.”   No further response is required.    COMMENTS ON DRAFT EIR—OAK PARK PROPERTIES SPECIFIC PLAN BACKGROUND: This Draft EIR is being prepared by the City of Pleasant Hill to assess the potential environmental impacts that may arise in connection with actions related to implementation of the proposed plan. REFERENCE DRAFT EIR Page 2-52 and 2-53 describing the Residential project proposed plan: Construction of the Residential Project would require demolition of existing buildings and hardscaped/paved areas, including the vacant administrative offices, the County library building, the paved parking lot, trees, and landscaping, resulting in the removal of approximately 159,000 square feetof impervious surface and 59,000 square feet of pervious surface for a total of 218,000 square feet. The County would relocate some of the library materials and services to a temporary library located at the Pleasant Hill Senior Center for approximately 18-24 months. The temporary library is expected to be open Monday to Saturday. The Pleasant Hill Teen Center, located at 147 Gregory Lane, would be used for story-time and other programs when available. Construction of the Residential Project is anticipated to start in June 2020 and finish in the summer of 2022. 1 COMMENT: PROJECT ALTERNATIVES (Chapter 6) Under project alternatives, noticeably missing is consideration of an alternative to the proposed plan for the residential project, which would include keeping the existing library open during the construction of the new library. This being a logical approach (that is not in conflict with the project objectives) would allow execution the project with the least impact to public use and is conspicuous in its absence. Why was this alternative not considered, especially given the resolution passed by the Pleasant Hill City Council supporting such an alternative? 2 COMMENT : ECONOMIC AND SOCIAL EFFECTS: CEQA guideline (15131) provides that a lead agency may require the addition of economic or social effects. The social and economic effects of the proposed residential plan to close the library two years earlier than necessary to meet the project objectives is substantial and should be added by the City Pleasant Hill to this EIR before its’ final evaluation. There is nothing in the project objective that would require construction by any specific date, so it could be scheduled to start to coincide with completion of the new library. CEQA 15131 REFERENCE: CEQA 15131. ECONOMIC AND SOCIAL EFFECTS: Economic or social information may be included in an EIR or may be presented in whatever form the agency desires. (a) Economic or social effects of a project shall not be treated as significant effects on PENTACOFF Page 1 of 4 1 2 COMMENTS ON DRAFT EIR—OAK PARK PROPERTIES SPECIFIC PLAN the environment. An EIR may trace a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the project to physical changes caused in turn by the economic or social changes. The intermediate economic or social changes need not be analyzed in any detail greater than necessary to trace the chain of cause and effect. The focus of the analysis shall be on the physical changes. (b) Economic or social effects of a project may be used to determine the significance of physical changes caused by the project. For example, if the construction of a new freeway or rail line divides an existing community, the construction would be the physical change, but the social effect on the community would be the basis for determining that the effect would be significant. As an additional example, if the construction of a road and the resulting increase in noise in an area disturbed existing religious practices in the area, the disturbance of the religious practices could be used to determine that the construction and use of the road and the resulting noise would be significant effects on the environment. The religious practices would need to be analyzed only to the extent to show that the increase in traffic and noise would conflict with the religious practices. Where an EIR uses economic or social effects to determine that a physical change is significant, the EIR shall explain the reason for determining that the effect is significant. (c) Economic, social, and particularly housing factors shall be considered by public agencies together with technological and environmental factors in deciding whether changes in a project are feasible to reduce or avoid the significant effects on the environment identified in the EIR. If information on these factors is not contained in the EIR, the information must be added to the record in some other manner to allow the agency to consider the factors in reaching a decision on the project. Note: Authority cited: Section 21083, Public Resources Code; Reference: Sections 21001(e) and (g), 21002, 21002.1, 21060.5, 21080.1, 21083(c), and 21100, Public Resources Code. 3 COMMENT: Impacts of PUB 3 The recommended determination of “less than significant physical impacts” resulting from the early closure of the existing library appears to be too narrowly defined. The proposed residential plan essentially eliminates a long standing public service much earlier than necessary by any stated purpose. The project objective does not require it, the individually planned and separate construction efforts do not require it. A simple statement of less than significant impact is unacceptable. Impact PUB-3: The proposed plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for schools. ” Because the Civic Project would not cause direct or indirect population growth, no school enrollment growth would occur. Accordingly, no impacts would occur.”(page 3.12-13) Effects on educational facilities directly may be minimal, considering the availability of in-school libraries but not less than significant. Children rely on the public library to supplement what is available in the school library. The inference in the EIR is that two libraries in Walnut Creek are adequate for providing a public resource for use by children who choose to use the public library during the two years of PENTACOFF Page 2 of 4 2 CONT 3 COMMENTS ON DRAFT EIR—OAK PARK PROPERTIES SPECIFIC PLAN construction. This requires travel outside the Mount Diablo school district and for those children who do not have a ride, presents an unsurmountable denial of opportunity. Libraries are funded for education and unnecessary closure for two years of a typical child’s 12 year education process is significant and does impact the ability to maintain acceptable service and performance objectives of Mt Diablo District schools. This impact is not about physical school growth, but acceptable service. Does the Mount Diablo school district agree that not having a library easily available to students for two years is acceptable? I could not find any reference to such school district approval. 4 COMMENT Impacts of PUB 4 and adequacy of proposed mitigation measures Impact PUB-4: The proposed plan could result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives for other public facilities. “Implementation of the mitigation summarized below would reduce potential impacts to less than significant……. (see page 3.12-15) The County would relocate some of the library materials and services to a temporary library located at the Pleasant Hill Senior Center for approximately 18-24 months. The temporary library is expected to be open Monday to Saturday.19 The temporary library space at the Senior Center would not have a significant impact on existing users of the Senior Center because no programs or activities would be displaced. The Senior Center currently contains buildings and rooms that are available during the hours of operation for the library and the Senior Center would be able to accommodate normal library use in conjunction with existing Senior Center operations.20 19 Melinda Cervantes. County Librarian, Contra Costa County. Personal communication in person March 12, 2019. 20 Michelle Lacy. Pleasant Hill Recreation and Park District: General Manager. Personal communication: email. January 14, 2019. “ In consideration of adults who have automotive transportation to utilize either of the two “nearby” Walnut Creek Libraries there is only reference to the relative short distance (2-3 miles) from the existing library. The reality is that Pleasant Hill library is in a suburban setting while the Walnut Creek libraries are in a more urban setting which means there is much more traffic to contend with and far less parking available. These may be considered convenience issues but will have both social and economic impacts to persons who use the library. They should not qualify as “less than significant impacts with mitigation” to the public who need to use the library services. Mitigation measures referenced in the EIR regarding the proposed temporary services required as a result of early closure of the existing library appear to be from the same government organizations who hope to gain from the current proposed plan. Is it possible to have uninvolved parties with knowledge of public libraries to provide an unbiased determination of appropriateness and adequacy for such PENTACOFF Page 3 of 4 3 CONT 4 COMMENTS ON DRAFT EIR—OAK PARK PROPERTIES SPECIFIC PLAN mitigation measures, such as the Office of the California State Libriarian? What we have now unfortunately appears as a conflict of interest . 5 COMMENT: Project Objectives (CHAPTER 2.2) The involved agencies have developed a project agreement (MOU) that is further publically detailed by the Project Objectives in chapter 2.2 of this EIR. Nowhere in the Project Objectives are any date specific requirements for construction of the three components. Delay in construction for the residential project, to start upon completion of the new library construction would not violate either the MOU or the Propose Objectives. The reasons for setting an early start date for construction of the Residential Project are undefined in this EIR and appears arbitrary (proposed construction schedule for the Residential project , see page 2- 52 and 2-53). Many of the impacts to Public Services discussed above would be avoided by simply changing the start date for the residential project until the new library is constructed. Starting the Residential Project as currently planned causes social and economic impacts not adequately mitigated in this EIR. The start date for the residential project should be set to coincide with completion of the new library construction. Submitted By: Robert Pentacoff Resident of Pleasant Hill PENTACOFF Page 4 of 4 4 CONT 5 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐179  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Robert Pentacoff (PENTACOFF)  Response to PENTACOFF‐1  The commenter provides an introductory statement and cites Draft EIR pages 2‐52 and 2‐53. The  commenter asks why the Draft EIR did not include the alternative of keeping the existing library open  until the new library is finished.   Please refer to Master Response 1—Schedule for Construction and Use of Temporary Library.   Response to PENTACOFF‐2  The commenter requests that the City of Pleasant Hill conduct an analysis of the economic or social  effect of the Residential Project consistent with CEQA Guideline 15131. The commenter notes that  the closure of the existing Pleasant Hill Library for 2 years would be substantial and it should be kept  open until the Civic Project is complete.   Social and economic impacts are not considered physical effects on the environment under CEQA.  The comment does not contain any substantive comments or questions about the environmental  analysis or conclusions contained in the Draft EIR. Please refer to Master Response 1—Schedule for  Construction and Use of Temporary Library.   Response to PENTACOFF‐3  The commenter disagrees with the Draft EIR determination of a less than significant impact related  to Impact PUB‐3. The commenter expresses that although the Residential Project would not have a  significant impact on school enrollment, it would significantly impact student access to the library  because the library would be demolished as part of construction the Residential Project. The  commenter asks if the Mount Diablo School District has been contacted about the proposed plan’s  impacts to library access.   The Mount Diablo Unified School District is a responsible agency for the proposed plan and has  submitted no comments on the Draft EIR or the proposed plan. Please refer to Master Response 1— Schedule for Construction and Use of Temporary Library.   Response to PENTACOFF‐4  The commenter restates text from the Draft EIR regarding Impact PUB‐4 and the adequacy of  mitigation measures. The commenter disagrees with the less than significant with mitigation  incorporated determination because they do not agree that the mitigation is adequate.   See Master Response 1—Schedule for Construction and Use of Temporary Library.  Response to PENTACOFF‐5  The commenter states that there is no defined reason for starting the Residential Project prior to the  completion of construction of the new library. The commenter further states that delaying the  construction of the Residential Project would avoid most of the impacts to Public Services.   See Master Response 1—Schedule for Construction and Use of Temporary Library.    THIS PAGE INTENTIONALLY LEFT BLANK From: Jack Prosek [mailto:jacpro60@gmail.com] Sent: Friday, August 30, 2019 10:12 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: OPP - DraŌ EIR - ExecuƟve Summary Troy - Saw the notice late today that the Draft EIR for the Oak Park Properties Specific Plan indeed was issued on August 30th& found the documents posted on the City's website. Just read the Executive Summary & found it curious that there was no mention of the role of the PH Recreation & ParkDistrict (R&PD) in this whole undertaking. In particular, on page ES-3, two statements are made regarding the "City ofPleasant Hill" residents or parks whereas if the Park is owned & developed by the R&PD, it would equally serve allresidents of that District including those living outside of the Pleasant Hill City Limits. Also noted that no documents are shown as being available for review at the R&PD District Office or any of their otherfacilities. PROSEK.1 Page 1 of 2 1 https://mail.google.com/mail/u/0?ik=310b0e61a6&view=pt&search=all&permthid=thread-f%3A1643670630361876255&simpl=msg-f%3A16436706303…2/2 Is some clarification of their role in the whole OPP scheme in order at this time ? Jack Prosek PH Resident / Homeowner zz PROSEK.1 Page 2 of 2 1 CONT City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐183  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Jack Prosek, Letter 1 (PROSEK.1)  Response to PROSEK.1‐1  The commenter asks if the Pleasant Hill Recreation and Parks District has been involved in the EIR  process.   As shown in Section 2.3, Specific Plan Components, one of the Civic Project sponsors is the Pleasant  Hill Recreation and Parks District. The Recreation and Parks District has been closely involved in the  design and planning of the Civic Project, including identifying the Recreation and Parks objectives,  drafting a description of the proposed Recreation and Parks Department improvements associated  with the Civic Project, and carefully reviewing and commenting on the internal Draft EIR to ensure its  accuracy in evaluating potential impacts associated with the Recreation and Parks components of  the Civic Project.     THIS PAGE INTENTIONALLY LEFT BLANK 02 September 2019 City of Pleasant Hill – Planning Division Troy Fujimoto – Acting City Planner 100 Gregory Lane Pleasant Hill, CA 94523 Re: Oak Park Properties Specific Plan Draft EIR dated August 30, 2019 Senior Center Operations Having made a brief review of select portions of the above referenced document, we are submitting herein our initial questions & comments on the Draft EIR as prepared by First Carbon Solutions regarding the operations of the Pleasant Hill Senior Center as recorded in Article 3.14. On page 3.14-52 in Part 3 of the Draft EIR, the Transportation section states: “The Pleasant Hill Senior Center typically has scheduled activities from 8:00 a.m. to 9:00 a.m. most days, with some later evening activities on Fridays. Activities on Saturday and Sunday are minimal.” The above statement is not even close to being correct. There are currently three different types of activities at the PH Senior Center: those sponsored by the PH Recreation & Park District (RPD) which primarily serve the senior citizens of our larger community (many PH Senior Club Members do live outside the boundaries of both the City and the RPD), those organized & manned by Senior Club Volunteers (with assistance from Staff as needed), and those that result from rental of various rooms in the Senior Center to outside parties. The use of a portion of the Senior Center building as a Temporary PH Community Library adds a fourth dimension to these uses. On weekdays the regular activities start as early as 8:30 or 9:00 AM; some go to 4:00 or 4:30 PM, and there are a few activities in the evenings (currently on Mondays & Tuesdays). The Senior Club’s newsletter, known as the “Senior Sounds”, is the source for these days & times. On weekends, there is the Senior Club’s monthly Pancake Breakfast & a number of other Special Events throughout the year. Based on availability of the desired spaces, rentals can & do occur on weekdays & evenings as well as on weekends. And the Temporary Library is expected to be open SIX days per week !!!!!! The peak demands often exceed the 140+/- available parking spaces in the Senior Center lots for the weekly Chef’s Lunches on Fridays, for the monthly Trip meetings, and for Special Events (this month’s Special Event is the Anniversary Party at Noon on the 27th). And even though the original design intent was for these parking spaces to serve the Senior Center facility exclusively, the City later mandated that they be open for other users as well. These overflow conditions seriously affect the ability of those least mobile & able (primarily senior citizens) to enjoy the benefits of this otherwise wonderful building. Please advise WHO will be responsible to develop & implement the “parking management plan” for the Senior Center & the PH Park that is referred to in the Draft EIR ?? JACK Prosek Twelve Year Member Pleasant Hill Senior Club Efile: EIR Comments – Senior Center Operations PROSEK.2 Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐187  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Jack Prosek, Letter 2 (PROSEK.2)  Response to PROSEK.2‐1  The commenter describes the issues they have with the existing description of the Pleasant Hill  Senior Center and lists their knowledge of the Senior Center activities. In addition, the commenter  expresses issues with the number of proposed parking spaces, and identifying who will be  responsible for implementing the parking management plan.   The comment regarding the Senior Center is noted and the changes are included in Section 3: Errata.  No further response is required.  The Recreation and Park District would be responsible for monitoring parking and for modifying  programs and hours to ensure parking is adequate at the senior and teen centers when temporary  library uses occupy both sites during construction and will work with the City and County to modify  activities and/or programming to accommodate demand in accordance with MM TRANS‐1a. Please  Refer to Master Response 3—Parking, for additional information.     THIS PAGE INTENTIONALLY LEFT BLANK 02 September 2019 City of Pleasant Hill – Planning Division Troy Fujimoto – Acting City Planner 100 Gregory Lane Pleasant Hill, CA 94523 Re: Oak Park Properties Specific Plan Draft EIR dated August 30, 2019 Part 2 – Article 3.05 – Geology and Soils Having made a brief review of select portions of the above referenced document, we are submitting herein our initial questions & comments on the Draft EIR as prepared by First Carbon Solutions regarding the Geology and Soils Analysis in Article 3.05 (Part 2). 1- On page 3.5-10 under the California Building Code, should the second paragraph read “… designed and constructed …” rather than “… designated and constructed …” ? 2- Please identify each of the Earthquake Fault Zones (EFZ) shown on the Regional Fault Map in Exhibit 3.5-1 on page 3.5-5 of the Draft EIR Report. 3- Please provide the Scale & a North Arrow on the Regional Fault Map in Exhibit 3.5-1 on page 3.5-5 of the Draft EIR Report. This comment is equally applicable to many of the maps included elsewhere in the Draft EIR. John R. “JACK” Prosek, Jr. PE CA Civil Engineer # C-041349 Pleasant Hill Resident / Homeowner Efile: EIR Comments – 3.05 – Geology and Soils PROSEK.3 Page 1 of 1 1 2 3 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐191  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Jack Prosek, Letter 3 (PROSEK.3)  Response to PROSEK.3‐1  The commenter provides an introductory statement and provides an edit to the Geology and Soils  Chapter.   The comment is noted and this revision is included in Section 3: Errata.  Response to PROSEK.3‐2  The commenter requests that each of the Earthquake Fault Zones are included in Exhibit 3.5‐1.   The comment is noted and this revision is included in Section 3: Errata.  Response to PROSEK.3‐3  The commenter provides a comment about Exhibit 3.5‐1 and asks that all exhibits include a scale and  north arrow, where applicable.   The comment is noted and these revisions are included in Section 3: Errata.    THIS PAGE INTENTIONALLY LEFT BLANK 02 September 2019 City of Pleasant Hill – Planning Division Troy Fujimoto – Acting City Planner 100 Gregory Lane Pleasant Hill, CA 94523 Re: Oak Park Properties Specific Plan Draft EIR dated August 30, 2019 Part 3 – Article 3.14 Transportation Having made a brief review of select portions of the above referenced document, we are submitting herein our initial questions & comments on the Draft EIR as prepared by First Carbon Solutions regarding the Transportation Analysis in Article 3.14 (Part 3). 1- In Table 3.14-6: Existing Parking Conditions on page 3.14-27, the data shown in section “K” for the South Library Lot do NOT reflect the ACTUAL PEAK Parking Demand for this important facility. The Peak Parking Demand for this lot occurs during the 10:15 AM to 12:15 PM time period on weekdays when our phenomenal Story-Time programs are in session ! We have personally witnessed this when we made the mistake of trying to use the existing Library during that time period – I found myself circling the lot along with several other vehicles – we all had to wait until another Library patron left before we could park. EVERY legal space (except 2 or 3 ADA Restricted ones) was occupied. This led to questioning just how many spaces there were in the existing South lot, and when the answer came back as “140”, this issue was then raised in several meetings of the City’s Library Task Force. Thereafter, the figure of 140 parking spaces became the design objective that was included in the criteria for the Architectural Design Contract Agreement for our new Library building. Given these facts, the data shown for our new Library building on Weekdays in Table 3.14-12 on page 3.14-61 is incorrect. The same applies to the related text on page 3.14-62. Seventy (70) spaces are no where near enough to meet the actual peak demand ! Although we have not personally witnessed the parking situation during our extremely popular special evening programs, it is our understanding that the situation then is even worse than during the morning Story-Times. And we hope that the new Library building will allow us to expand all of these programs even further – therefore we agree with the concept that it is desirable to ADD 10% more parking spaces at the very minimum ! Therefore, this shortfall becomes a Significant Negative Impact. PROSEK.4 Page 1 of 2 1 Re: Oak Park Properties Specific Plan Draft EIR dated August 30, 2019 Part 3 – Article 3.14 Transportation 2- In Table 3.14-6: Existing Parking Conditions on page 3.14-27, the number of underutilized spaces shown in section “M” for the Solar Panel Lot in front of the County Office of Education is irrelevant if the use of these spaces is restricted to persons working or having business in that facility. Also, we would guess that the Peak Demand in that lot might also be in the late morning hours rather than at 2:00 PM as shown. 3- In an email dated 11/21/2018 and at the NOP Scoping Meeting held on November 15, 2018, we questioned the use of a single driveway for both access to & egress from the Joint Parking Lot serving our new Library building & the “New Library Park”. We still believe that the community will be better served with two driveways that are aligned with the two E/W driving aisles in the Joint Parking Lot. The southern driveway should be used for access into the Joint Parking Lot & should be wide enough to allow simultaneous LT & RT turns from Monticello Ave. The northern driveway should be wide enough to allow simultaneous RT & LT movements out of the Joint Parking Lot. Providing two separate driveway has the additional benefit in allowing police, fire & EMT vehicles greater emergency access (especially for the new Library building) than can be provided with a single driveway located further north serving both functions. Please clarify the text on pages 3.14-67 & 3.14-68 in this regard. 4- Although we have not yet seen a specific answer to the issue that we raised regarding the capacity of the intersection at Oak Park Blvd. to handle the LT & RT vehicles, bicycles & pedestrian traffic from SB Monticello Ave, we have the impression that the expected traffic counts indicate that this will not cause a LOS “E” or “F” even during either the morning school drop-off or during the afternoon school discharge time periods. Please confirm if this assumption is correct. 5- On page 1-8, the Author column should reference my email dated November 21, 2018, and not the one dated 12/18/2018 which addressed the Study Session on the Housing Component of the Specific Plan. We look forward to seeing complete & accurate responses to each of these issues as raised & required by the EIR process ! John R. “JACK” Prosek, Jr. PE CA Civil Engineer # C-041349 Pleasant Hill Resident / Homeowner Efile: EIR Comments – 3.14 Transportation PROSEK.4 Page 2 of 2 1 CONT 2 3 4 City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐195  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Jack Prosek, Letter 4 (PROSEK.4)  Response to PROSEK.4‐1  The commenter notes that existing parking conditions for the south library lot described in Table  3.14‐6 in the Draft EIR, do not reflect the actual peak parking demand. The commenter then  disagrees with the proposed number of parking spaces and suggests that there should be a 10  percent increase in the amount of parking provided by the Civic Project.   Please refer to Master Response 3—Parking.  Response to PROSEK.4‐2  The commenter states that the Civic Project should include two driveways rather than one and asked  for clarification on pages 3.14‐67 and 3.14‐68 of the Draft EIR.   The projected levels of vehicle traffic into and out of the shared library and park parking lot do not  warrant the provision of two driveways onto Monticello Avenue from a vehicular capacity  perspective. While providing two driveways would provide ease of vehicle movements into and out  of the parking area, it would also introduce a new vehicle/bicycle conflict zone along the proposed  pedestrian trail that would extend along the east side of the Civic Project. The Civic Project is  designed to meet emergency access requirements and provision of a second access is not required  to meet those standards.  Response to PROSEK.4‐3  The commenter asks for clarification on whether or not the intersection of Oak Park Boulevard and  Monticello Avenue would operate at Level of Service (LOS) E or LOS F during the morning school  drop‐off hour or school release periods.   Over the course of the peak‐hour, the intersection of Oak Park Boulevard at Monticello Avenue  currently operates at an overall acceptable level of service (LOS A); with the added traffic generated  by the proposed plan and the associated roadway improvements, the intersection would continue to  operate at a LOS A during the weekday AM and weekday PM peak‐hour, and LOS B during the  weekday afternoon around school dismissal, and Saturday afternoons when multiple games are  being played on the athletic fields and while the library is open. While there may be periodic  congestion, especially around school dismissal, vehicle queues will dissipate quickly. The  commenter’s assumption that LOS E or LOS F conditions would not occur on a routine basis for the  AM or PM peak‐hours is correct.   Response to PROSEK.4‐4  The commenter requests that Table 1‐1 of the Draft EIR reference their letter dated November 21,  2018, rather than the listed December 18, 2018.   The comment is noted and this revision has been included in Section 3: Errata.     THIS PAGE INTENTIONALLY LEFT BLANK From: Jack Prosek [mailto:jacpro60@gmail.com] Sent: Tuesday, October 15, 2019 4:44 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: OPPSP - October 14th Earthquake Troy - Given the jolt that we got last night at about 10:33 PM, we have to ask how does the Pleasant Hill / Contra Costa Centre earthquake (M 4.5+/-) affect the Geotechnical Studies that are included in the Draft EIR dated August 30, 2019, for the Oak Park Properties Specific Plan ? John R. "Jack" Prosek, Jr. PE PH Resident / Homeowner zz PROSEK.5 Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐199  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Jack Prosek, Letter 5 (PROSEK.5)  Response to PROSEK.5‐1  The commenter asks if the earthquake that occurred on October 14, 2019, at 10:33 p.m. in Pleasant  Hill near the plan area would affect the conclusions reached in the geotechnical reports prepared for  the Civic Project and the Residential Project.   As discussed in Section 3.5, Geology and Soils, both project‐specific Geotechnical Exploration  Reports determined the plan area is not located within a State of California Earthquake Fault Hazard  Zone for active faults, and no known faults cross the plan area boundaries.61 Although the plan area  could experience strong ground shaking, implementation of MM GEO‐1 would ensure that building  design recommendations contained in the project‐specific geotechnical reports are included in final  plans. These recommendations include specific building materials and earthwork activities that  would prevent significant impacts to the project from seismic ground shaking or other earthquake  related impacts. Recommendations included in MM GEO‐1 would be verified prior to issuance of  grading permits for both the Civic and Residential Projects. No additional geotechnical analysis is  required.                                                                  61  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.5‐14  through 3.5‐16. August.  THIS PAGE INTENTIONALLY LEFT BLANK From: maryjopugh@aol.com [mailto:maryjopugh@aol.com] Sent: Monday, September 23, 2019 2:58 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: draŌ EIR Oak Park ProperƟes 2018112058 I believe that the consideration of the impact of the staging of the two projects is not adequately covered in the DraftEIR. I contest the conclusions in section 3.12 point 4. The impact of closing the existing public library on the publicservices provided by the library is grossly understated. The space and services provided by the Senior Center are notadequate to provide comparable service ratios and performance objectives of the current library. In fact these serviceratios and performance objectives are not even considered in the report. The parking at the Senior Center is frequentlyfilled by senior activities. The tutoring services under Project Second Chance, a library literacy program headquarteredat the Pleasant Hill Library are not considered in the report. The report does not consider the alternative of keeping the existing library open while the new library is constructed.The Residential Project could be built after the new library is completed. There would be no adverse impacts on thepublic services provided by the library under this alternative. The report does not consider the impact of the project on 3.12 point 3 impacts on schools. The students of thePleasant Hill Middle School, which is .13 miles from the project site, make heavy use of the existing library after schoolis dismissed each afternoon. I am a resident of Walnut Creek but the Pleasant Hill Library is much closer to me and has adequate parking. I makeheavy use of the library for obtaining books and other materials, participating in library events, and participating in alibrary book discussion group. I also have been a tutor in Project Second Chance. Mary Jo Pugh 313 Meghan Lane Walnut Creek CA 94597 925-476-5403 PUGH Page 1 of 1 1 2 3 4 5 6 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐203  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Mary Jo Pugh (PUGH)  Response to PUGH‐1  The commenter states that the Draft EIR does not adequately cover the impact of staging for the  proposed plan and closing the existing public library. The commenter notes that the Draft EIR does  not consider service ratios and performance objectives as they relate to closure of the existing  library  Please refer to Master Response 1—Schedule for Construction and Use of Temporary Library.   Response to PUGH‐2  The commenter notes that the parking lot of the Senior Center is filled quickly.   Please refer to Master Response 3—Parking  Response to PUGH‐3  The commenter asserts that the parking analysis does not include parking associated with Project  Second Chance.   The existing levels of activity at the existing library were considered in the evaluation of  transportation conditions in the surrounding area, which include parking associated with Project  Second Chance. For additional information regarding parking, please refer to Master Response 3— Parking.   Response to PUGH‐4  The commenter notes that the Draft EIR does not consider the alternative of keeping the existing  library open while the Civic Project is under construction.   Please refer to Master Response 1—Schedule for Construction and Use of Temporary Library.   Response to PUGH‐5  The commenter states that the Draft EIR did not consider the impacts of the proposed plan on the  adjacent school and that students frequently use the existing library.   The TIA takes into consideration the existing vehicle, bicycle, and pedestrian travel to and from  Pleasant Hill Middle School. Additionally the TIA acknowledges that a number of students walk from  campus to the library after school, where they are either picked‐up from the library parking lot, or  utilize the library facilities after school and are picked up later. Strategies to manage the flow of  school travel via all modes of travel are identified as recommendations in the TIA and would be  evaluated through monitoring parking demand during construction and with a parking demand  assessment during operation (if necessary). Please also refer to Master Response 1—Schedule for  Construction and Use of Temporary Library.   Response to PUGH‐6  The commenter describes their personal use of the library and participation in the Project Second  Chance program. This comment is noted and no further response is required.     THIS PAGE INTENTIONALLY LEFT BLANK From: Bany Wilson [mailto:bany.wilson@gmail.com] Sent: Sunday, October 13, 2019 7:01 PM To: Troy Fujimoto <Tfujimoto@pleasanthillca.org> Subject: PLAN DRAFT EIR PLEASE STOP THIS PLAN; WE, THE NEIGHBORS, WANT A LIGHTING STUDY Bany Wilson, Realtor DRE# 01841536 C (925) 658-2967 bany.wilson@bahayco.com WILSON Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐207  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Bany Wilson (WILSON)  Response to WILSON‐1  The commenter requests a lighting study.   Please Refer to Master Response 4—Lighting.    THIS PAGE INTENTIONALLY LEFT BLANK https://mail.google.com/mail/u/0?ik=310b0e61a6&view=pt&search=all&permthid=thread-f%3A1647029619964986825&simpl=msg-f%3A16470296199…1/1 ________________________________________ From: kathleendwoulfe@aol.com [kathleendwoulfe@aol.com] Sent: Wednesday, October 09, 2019 5:06 PM To: Troy Fujimoto Subject: Pleasant Hill library Referring to part three page 213, mitigation measures: Referring Pleasant Hill Library users to other libraries is completely impractical. The Martinez Library is located across the street from the courthouse and parking is only available on Saturday. The Concord Library has a full-time guard due to adult misbehavior. Walnut Creek and Lafayette Library’s locations and parking are extremely cumbersome and inconvenient. Also the measure inaccurately refers to Pleasant Hill residents only using the Pleasant Hill Library. Users come from all over the area. I live in Martinez and use the Pleasant Hill Library. From Kathleen’s iPhone WOULFE Page 1 of 1 1 THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐211  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Kathleen Woulfe (Woulfe)  Response to Woulfe‐1  The commenter states that utilizing other libraries during the closure of the existing library is  impractical.   Please refer to Master Response 1—Schedule for Construction and Use of Temporary Library.    THIS PAGE INTENTIONALLY LEFT BLANK Comments on Draft EIR – October 14, 2019 Page 1 of 7 Dear Mr. Fujimoto, Please accept the following review comments for the Pleasant Hill Library Draft EIR. Section 2: Project Description Page 2-35: Stormwater Drainage, Paragraph 4 states: “In the event of extreme rain events such as 100-year storm event, when the on-site section of Grayson Creek reaches capacity, stormwater will be detained on the northern portion of the Civic Project site and slowly released through the 15-inch outfall (northern on-site outfall) that includes riprap for energy dissipation.” Comment: x This statement implies there is some type of control system that will slowly release water. Is that true? Or is water simply flowing as fast as it can through a 15-inch pipe, and is only being slowed by the diameter of the pipe? If that is the case, the water is not being “released”. It is being held back by the limited flow. It also appears from the elevation of the ground at the north-east corner of the ball field, that water can potentially overflow any containment, and move into the creek at a rapid rate. Recommendation: x Revise the paragraph to clarify how water will be detained, and how it will be released from the ball field, including any condition when water will overflow the retention basin. Section 3.8: Hydrology and Water Quality - Flood Control MM HYD-3, page 3.8-32 states “A bioretention basin capable of retaining waters from a 100- year storm event shall be installed adjacent to Grayson Creek and east of the proposed library” Recommendation: x Revise this paragraph to make it clear the basins are not retaining the contents of a 100-year storm event, or providing flood protection for the site or the surrounding area. It is only mitigating the impact of raising ground level at the library and housing elements. Page 3.8-31, Residential Project: “In compliance with C.3 requirements, the Residential Project would also include bioretention basins, which would ensure that there would not be an increase in runoff that could exceed the storm drainage capacity or redirect flood flows.” Recommendation: x The storm drainage plans contained in the DEIR do not show any retention basins on the residential project site. Please provide the location of these basins and a description of how they will function. How will trash and debris be screened from storm water? During a storm event, water will flow though yards and streets for a long distance before arriving at Grayson Creek. During this time the fast-moving water will pick up trash and other debris. Questions: x How will this water be handled by the basins and the outflows to both the creek and storm drain? YAPP Page 1 of 10 1 3 4 2 Comments on Draft EIR – October 14, 2019 Page 2 of 7 x What measure(s) will be implemented to prevent this debris from flowing into the creek and storm drains? x How will these bioretention basins drain fully? x Are the basin covered or open? If open, how will they prevent people or animals from falling into these 4 ft deep basins? Section 3.10: Noise Page 3.10-9: Existing Noise Levels states a total of three short-term noise measurements were taken on Tuesday July 10 between 1:52 pm and 3:01 pm Recommendation: x In order to adequately evaluate noise, noise measurements should be taken on a Saturday when all ball fields are being used for league play. (NOTE: There was plenty of time to have done this over the past summer. It may be more difficult now, but without this information the assumptions are not accurate.) Page 3.10-26 Civic Project – Proposed Park states noise from the ball fields would only be a significant impact if the noise level doubles. Since they are building 2 new fields, and the existing areas already has 5 ball fields, they conclude “Implementation of the Civic Project would not result in a doubling of users of recreational activities already occurring in the vicinity of the plan area.” Questions: x Since no noise readings were taken during a busy time at those fields, how do we know that we are not already near or exceeding city noise limits? x Will noise from the new fields, because they are in a different location, have a greater impact on the surrounding residential area than the existing fields? x The proposed fields will be used at night. Noise travels differently at night. How will the night noise from these fields impact the surrounding area? Page 3.10-28: Operational Noise Impact on Wildlife states “According to this analysis, noise emitted from the proposed park will not have a significant impact on wildlife.” All mitigation measures for wildlife apply to noise during construction, when impacted biological resources will be monitored, moved, or otherwise protected. But once the construction is complete, there will be ongoing noise from the ball fields located next to Grayson Creek. Questions: x Will the noise from the proposed ball fields, either during the day or at night, have any ongoing impact on the wildlife at Grayson Creek (bats, birds, turtles, etc.)? x What analysis was done of the impact of this ongoing noise on biological resources? Correction: Page 3.10-9 Ambient Noise: the sentence that reads “and the noise measurement data sheets are contained in Appendix H.” should be corrected to refer to Appendix I. YAPP Page 2 of 10 4 CONT 5 6 7 8 9 Comments on Draft EIR – October 14, 2019 Page 3 of 7 Section 3.9: Land Use and Planning Page 3.9-18 states the land use for the residential project will be revised to multi-family very low density. According to the Municipal code, that is defined as: “MRVL very low density multiple-family residential district. The MRVL district allows multiple-family residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and 11.9 units per acre.” Recommendation: x This residential project does not meet the spirit of this definition. Only 7 of the 34 homes are proposed to be multi-family. Of those, certainly less than 7, and possibly as few as 0 of those homes will be rented to an unrelated person. This is essentially a single-family home development and should be classified as such. Table 3.9-8, Page 3.9-29, Item 3A: states the city’s goal to “Facilitate construction of affordable housing by favoring new projects that include units for lower-income segments of the community.” The Consistency Determination states: “The Residential Project includes 34 single- family homes with seven accessory dwelling units and would therefore fulfill that requirement and help the City in providing affordable housing.” Comment: x This residential project is not consistent with the goal of favoring projects that include units for lower-income people. These ADU’s, at only 540 sq. feet, have no parking space and do not have a full kitchen. While they would be appropriate for a home office, or a mother-in- law unit, they are not appropriate as a rental unit for the average adult working person. Furthermore, there is no legal requirement for a homeowner to rent this ADU, and it is highly unlikely they will. Recommendation: x Revise the housing project to include true low to moderate income housing for at least 25% of the dwelling units. Section 3.11: Population and Housing Page 3.11-4: City of Pleasant Hill shows Pleasant Hill housing need from 2014 to 2022 is 271 units for extremely low to moderate incomes, and 177 for above moderate incomes. Clearly there is a much greater need for housing units in the low to moderate income categories. According to redfin.com, during the past year, 408 homes priced higher than $550K have sold in Pleasant Hill. The new houses at Tanager Heights (Morello and Mercury) sold for between $1.16M and $1.61M. Also, per redfin.com, only 68 homes sold during the past year at a price of $550K or less. Only 14% of the homes that sold were in the $550K or less category. Clearly, the housing shortage in Pleasant Hill is with the lower priced homes ($550K or less). Page 3.11-7 states, in 2017 the median income in Pleasant Hill was $101,530. A household earning $101K/year, with no significant debt, can only afford a home up to approximately $550K. That means roughly 50% of Pleasant Hill households, those making less than that, cannot afford to purchase any home. Those who earn around the median income would find YAPP Page 3 of 10 10 11 12 Comments on Draft EIR – October 14, 2019 Page 4 of 7 almost nothing available for them to buy. As of October 13, 2019, 8 homes are on the market priced $550K or less, and 47 are on the market at $550K or higher. This Residential Project proposes 34 very large homes (2800-3400 sq. ft) on very small lots. This plan does not, in any way, provide solutions to local housing shortages. These houses will be sold for more than $1M, making them unaffordable to almost all Pleasant Hill residents. The Project proposes that 7 of the 34 houses will have auxiliary dwelling units (ADU’s), and those units will allow the project to meet any requirements for low- or moderate-income housing. As stated above, those ADU’s, at 540 sq. feet, with no parking, and without a full kitchen, do not meet the spirit of low-income housing. Furthermore, there is no legal requirement for a homeowner to rent this ADU, and it is highly unlikely they will. Questions: x What measures will be taken to ensure that those 7 ADU’s will be rented to low income people? x How was the determination made that the proposed 34 large homes would best serve the goal of Pleasant Hill of providing housing for people of low to moderate income? x What other housing options were considered for this site? Page 3.11-6: California Housing Element Law makes no mention of California laws that apply to the sale of publicly owned property. The Surplus Land Act of 1968, and AB 2135 of 2014 (see attachment) requires any publicly owned land to be offered first to developers who will build affordable housing, with at least 25% of the units available to people earning less than 70% of the median income. Once a preferred entity expresses interest, the parties must enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. Questions: x What agencies or developers have been notified of the availability of this property? x How is the County complying with the Surplus Property Act law in the sale of this property? New State Laws in 2019 for Affordable Housing In October 2019, Governor Newsom signed 18 housing related bills into law. These include: x AB 1255 requires cities and counties to report to the state an inventory of its surplus lands in urbanized areas. The bill then requires the state to include this information in a digitized inventory of state surplus land sites. x AB 1486 expands the Surplus Land Act requirements for local agencies, requires local governments to include specified information relating to surplus lands in their housing elements and annual progress reports (APRs), and requires the state Department of Housing and Community Development (HCD) to establish a database of surplus lands, as specified. This law will impose a 30% penalty of the sale price of the land if this law is violated. Question: x What measures have been taken to ensure this project complies with these new laws? Recommendation: x Modify Section 3.11.2 to enumerate the requirements of the Surplus Land Act, AB 2135, AB 1255, and AB 1486, and its relation to the Residential Project. YAPP Page 4 of 10 12 CONT 13 14 15 16 17 18 Comments on Draft EIR – October 14, 2019 Page 5 of 7 Section 3.14 and Appendix J: Temporary Library Missing from DEIR – The Environmental Impact of Destroying Books According to County Librarian, Melinda Cervantes, no books will be stored during construction of the new library. As of February 2019, the existing library held about 140,000 books. This is the number that was stated on the library website. Today the website says the library has 85,000 books. They have discarded 55,000 books over the past several months. About 10,000 books will be moved to the temporary library. About 40,000 books will be placed in permanent circulation at other libraries. That leaves 35,000 books still to be discarded. If the library were to stay open during construction, at least 50,000 books would not be destroyed and would not need to be purchased again. Recommendation: Include analysis of the environmental impact of (1) discarding a total of 90,000 books, and (2) the environmental impact of purchasing 60,000 new books to put into the new library. The DEIR Defers Analysis of Parking and Traffic at the Temporary Library The DEIR does not include a traffic study or parking study for the proposed temporary library location at the Senior Center. On March 7, 2019, I was told by Councilmember Noack, that the EIR would include a traffic study at Gregory Lane and the Sr. Center. On April 30, 2019, I was told by Troy Fujimoto that “analysis of the temporary library will be part of the DEIR”. However, there was no analysis done. Page 3.14-63 – Mitigation Measures Trans 1a: Bullet #3 directs the Civic Project contractor to “Monitor parking demand at the senior and teen centers when temporary library uses occupy both sites and should a potential parking shortage be identified, develop a parking management plan to better accommodate temporary library uses. The parking management plan could include adjusting library hours, adjusting Senior Center activities, or directing residents of Pleasant Hill to utilize other nearby libraries.” Comments: x This mitigation measure is bundled in a group of other measures related to managing traffic at the construction site. This item does not fit in this group of construction related items. It is a separate and unique issue. x At the point in time it is recommended – before the grading permit is issued - the old library will already have been closed and there will be no choice but to implement the suggestion of limiting hours or going elsewhere. That is not mitigation. Furthermore, it is not enforceable as it has nothing to do with the Civic Project and there are multiple unrelated groups who would have to come to an agreement. Questions: x What contractual obligations will the Contractor at the Civic Project have to monitor parking at a the Senior and Teen Centers, 2 miles away? x How is monitoring parking at a remote site an appropriate part of a construction contract? x How does this deferred analysis comply with the requirements of an EIR? Appendix J, Traffic Impact Assessment, Page 45, Mitigation Measure 4: recommends performing a parking occupancy study at the Sr. Center. This recommendation should be added to the DEIR. Since the Sr. Center parking lot is already too full, conclusions must be drawn as to YAPP Page 5 of 10 19 20 21 Comments on Draft EIR – October 14, 2019 Page 6 of 7 the number of additional cars, and how those cars will be accommodated. Specific mitigation measures must be provided. Those mitigation measure should include measures to be taken by other outside parties, such as limiting Sr. Center classes or site rentals by R&P. Recommendation: x Add to the EIR the requirement to perform a Parking Study and a Traffic Study at the Senior Center, Teen Center, and on Gregory Lane to determine the mitigation measures required to accommodate the anticipated increased traffic and parking at those sites. Appendix J, Page 34, Table 7, Project Trip Generation shows the current library averages 1500 cars per weekday, and 1270 on Saturdays. The DEIR does not mention where these cars will go, and how this number of cars might impact the temporary library location. It makes no projections as to the anticipated increase in cars at the Senior and Teen Centers. There is no left turn lane from east-bound Gregory Lane into the Sr. Center. Traffic frequently backs up at this location. The signal light exiting the Sr. Center is triggered by demand. I have experienced traffic backed up on Gregory to Contra Costa Blvd., with only 3 to 4 cars passing at each signal light cycle. The traffic in this area is already adversely impacted during events at the Sr. Center. Question: x How will the increase in cars at the Senior and Teen centers affect traffic on Gregory Lane? The popular Storytime is planned to be held at the Teen Center. The most popular day for Storytime is Saturday. During nice weather (April through October) the parking lot at the Teen Center is quite full from people using the park. In summer months the lot is very full due to the swimming pool. Question: x How many cars are expected for Storytime, and how will they be accommodated? Appendix J, Page 42, Construction Assessment states “The Pleasant Hill Senior Center typically has scheduled activities from 8 AM to 9 AM most days, with some later evening activities on Fridays. Activities on Saturday and Sunday are minimal.” Comment: This is not correct. The Sr. Center has a full calendar of activities Monday through Friday from 9AM to 1PM. Additionally, afternoons are filled with well attended classes. And on occasion the center is used until 9 PM. On weekends the Recreation & Parks District (R&P) rents the facility to the general public for various private events. This can involve a large number of people. Question: Has R&P agreed to cease rental, or limit rental to small groups, on Saturdays, while the temporary library is in operation? Comment: While this is not stated in the DEIR, one might argue since the temporary library is “temporary”, it is not significant. But how do you define “temporary”? Caltrans defines a “temporary road closure” as no longer than two weeks. One would be hard pressed to define 18 months, and likely much longer, as temporary. YAPP Page 6 of 10 21 CONT 22 23 24 25 Comments on Draft EIR – October 14, 2019 Page 7 of 7 Section 6.9:Alternatives Considered but Rejected from Further Consideration Alternative 6.91 – Full Historic Preservation This alternative should not have been rejected. It is a viable alternative, and may in fact be the best alternative. The only reason given for rejection is it “would not achieve the Civic Project Objective to provide a state-of-the-art library facility”. State of the Art can be defined as “very modern and using the most recent ideas and methods” A fully renovated building can accomplish this, even though it’s appearance may be retro. Questions: x What are the reasons that an old building cannot be renovated to be state-of-the-art? x What were the specific reasons this alternative was rejected? Including this alternative may result in eliminating the “significant impact” of the loss of the old library as a “cultural resource”. (See Section 3.4, page 3.4-23, Historic Resources) Recommendations: x In order to fairly evaluate this alternative, it should be re-stated to include the 10 houses that can fit on the back part of the existing library site, plus the number of houses that could fit on the 1700 Oak Park lot in front of the ball fields. x Include the Full Historic Preservation alternative, with suggested revisions, with the other considered alternatives. Thank you for reviewing these questions, comments, and recommendations. Sincerely, Karen Yapp 2222 Heritage Hills Dr. Pleasant Hill, CA 94523 yappoff@hotmail.com attachment: Public Counsel Affordable Housing Law Alert.pdf YAPP Page 7 of 10 26 © 2015 Public Counsel 1 Affordable Housing Law Alert: Assembly Bill 2135 Strengthens Priorities for Affordable Housing on Public Surplus Land Last year saw significant changes to an important law for affordable housing developers and advocates. Assembly Bill 21351 —authored by Assemblymember Phil Ting (D – San Francisco), sponsored by the Non-Profit Housing Association of Northern California (NPH), and supported by Public Counsel—strengthens priorities for affordable housing in the state’s Surplus Land Act.2 The bill was signed into law last fall and became effective January 1, 2015. Enacted in 1968, the Surplus Land Act requires local agencies—such as cities and transit agencies—to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. Specifically, local agencies must provide a first right of refusal to entities that agree to use sites for affordable housing or parks and open space.3 When local agencies dispose of surplus land, they are required to give notice to local public entities and organizations involved in affordable housing development. Once a preferred entity expresses interest, the parties must enter into good faith negotiations to determine a mutually satisfactory sales price or lease terms. Prior to AB 2135, if the parties did not agree to a price within 60 days, the local agency could then dispose of the land without further requirements. Following AB 2135, the Surplus Land Act’s system of prioritization for affordable housing has been significantly strengthened. Any entity proposing to use surplus land for the development of low or moderate income housing must make at least 25% of the units affordable to lower income households.4 If multiple entities compete for a piece of land, priority is given to the project that proposes the greatest number of affordable units at the deepest level of affordability.5 AB 2135 also extends the negotiating period between local agencies and purchasing or leasing entities from 60 days to 90 days.6 1 Assembly Bill No. 2135, 2014 Cal. Stat., ch. 677 (effective Jan. 1, 2015). AB 2135 amended sections 54220, 54223, 54225, 54226, and 54227 of, and added sections 54222.5 and 54223 to, the Government Code. 2 Cal. Gov’t Code § 54220 et seq. 3 If an agency receives multiple offers, priority is generally given first to affordable housing, and then to parks and open space, unless the land is already being used for park and recreational purposes, or has been designated for that purpose in local planning. Cal. Gov’t Code § 54227. 4 Cal. Gov’t Code § 54222.5. 5 Id. § 54227(a). 6 Id. § 54223. YAPP Page 8 of 10 27 Co~ © 2015 Public Counsel 2 If the local agency does not agree to price and terms with an entity given notice and the opportunity to purchase or lease under the Act, and the land is transferred for residential development of 10 or more units, then AB 2135 requires 15% of the housing units to be affordable to lower income households.7 This requirement applies regardless of the entity developing the housing and continues to apply to successors in interest.8 AB 2135 also extends the affordable housing units’ required term of affordability to 55 years.9 It requires covenants or restrictions, which run with the land and may be enforced against any owner who violates them, to ensure that affordability requirements are maintained through changes of ownership.10 The relevant provisions require housing to be affordable to lower income households, defined as households whose income does not exceed the income limits established by the U.S. Department of Housing and Urban Development pursuant to Section 8 programs, which is typically 80% of area median income.11 Affordable rents generally cannot exceed 30% of the relevant income limit for lower, very low, and extremely low income households, respectively.12 The Act also now explicitly empowers local agencies to sell or lease surplus land for less than fair market value if the purpose of the transaction is affordable housing development. AB 2135 removed language stating that “nothing in [the Act] shall be interpreted to empower any local agency to sell or lease surplus land [at less than fair market value],” while maintaining language stating that the Act “shall not be interpreted to limit the power of any local agency to sell or lease surplus land at . . . less than fair market value.”13 It also added that any such sale or lease “shall not be construed as inconsistent with an agency’s purpose.”14 Taken together, these revisions expressly empower agencies to offer surplus land at less than fair market value. AB 2135 also extended the Act’s payment period for land sold for affordable housing, permitting the payment period to exceed a previous limit of 20 years.15 Finally, the revised Act has positive implications for transit oriented development. The Act now recognizes that transit ridership benefits from affordable housing, affirming research indicating that lower income households are more likely to use transit when living near a major transit station than higher income households.16 The Act specifically declares that selling and leasing land at less than fair market value to facilitate the creation of affordable housing near transit is “consistent with the goals and objectives to achieve optimal 7 Cal. Gov’t Code § 54233. 8 Id. 9 Id. 10 Id. § 54222.5. 11 See id. §§ 54222.5, 54233; Cal. Health & Safety Code § 50079.5. 12 See Cal. Gov’t Code §§ 54222.5, 54233; Cal. Health & Safety Code § 50053. 13 See Assembly Bill No. 2135, 2014 Cal. Stat., ch. 677 ; Cal. Gov’t Code § 54226. 14 See id. 15 Cal. Gov’t Code § 54225. Note that the payment period may not exceed the term of affordability. Id. 16 See id. § 54220. See, e.g., California Housing Partnership Corporation & TransForm, Why Creating and Preserving Affordable Homes Near Transit is a Highly Effective Climate Protection Strategy (May 2014). YAPP Page 9 of 10 27 CONT © 2015 Public Counsel 3 transportation use.”17 Thus, local agencies interested in promoting transit ridership by facilitating the development of affordable housing near transit have clear authority in state law to pursue these practices. AB 2135 has bolstered the Surplus Land Act as a tool for promoting affordable housing. Now attention must turn to implementation. Since the law became effective January 1, 2015, local agencies should ensure that policies comply with the provisions of the revised Act, and be sure to follow its requirements when disposing of surplus land. The Act’s new provisions could also be instructive as a model for strategic disposition of public land, in general. This would extend the reach of this important tool for promoting the development of affordable housing. In order to make sure that this law is properly followed and implemented, developers should call on cities, counties, and local agencies to adopt clear policies for land disposition that prioritize affordable housing, consistent with the state law. Affordable housing developers interested in taking advantage of the newly strengthened Act should learn how their local jurisdictions track surplus land and notify potential buyers, send letters to request notification when surplus land becomes available, monitor local plans for surplus land, and inquire into opportunities to purchase at a discount. This will help the Act to achieve its ultimate purpose of increasing affordable housing. For more information on AB 2135 and the revised Surplus Land Act, please feel free to contact Adam Cowing or Doug Smith in Public Counsel’s Community Development Project. *** Public Counsel is the public interest law firm of the Los Angeles County and Beverly Hills Bar Associations and the Southern California affiliate of the Lawyers’ Committee for Civil Rights Under Law. Established in 1970, Public Counsel is dedicated to advancing equal justice under law by delivering free legal and social services to indigent and underrepresented children, adults and families; ensuring that other community-based organizations serving this population have legal support; and mobilizing the pro bono resources of attorneys, law students and other professionals. Because affordable housing opportunities continue to be of critical importance to our client base, Public Counsel’s Community Development Project works to ensure that Southern California jurisdictions adequately plan and provide for the development and preservation of affordable housing consistent with communities’ needs. For more information, visit www.publiccounsel.org. 17 Cal. Gov’t Code § 54220(c). YAPP Page 10 of 10 27 CONT City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐223  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Karen Yapp (YAPP)  Response to YAPP‐1  The commenter summarizes stormwater drainage as described on page 2‐35 in the Draft EIR. The  commenter asks if the proposed 15‐inch stormwater outfall would slowly release stormwater in a  controlled manner or just restrict output due to the pipe size. The commenter also states that the  low elevation in the northeast corner of the ball field would allow stormwater overflow and  potentially increase stormwater flows into Grayson Creek. The commenter requests that paragraph 4  on page 2‐35 of the Draft EIR be revised to address their concerns.   The proposed 15‐inch storm drain outfall restricts output due to the pipe size. The timing of the  release at the 15‐inch outfall would also be controlled by the water level in the downstream channel  against the proposed flap gate. The high tailwater in the channel will promote storage within the  athletics fields and then the flap gate would release discharge after the channel has receded. Please  refer to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements for additional  information.  Response to YAPP‐2  The commenter re‐states MM HYD‐3 on page 3.8‐32 of the Draft EIR. The commenter recommends  that the Draft EIR revise Section 3.8, Hydrology and Water Quality, to describe that the stormwater  basins are only mitigating the impact of raising the ground level at the Civic and Residential project  sites.  The storm drainage improvements included in the Civic and Residential components would be  designed to address and correct flooding that currently occurs on the Civic Project Site. Please refer  to Master Response 2—Hydrology, Flooding, and Storm Drainage Improvements.  Response to YAPP‐3  The commenter re‐states text from page 3.8‐31 of the Draft EIR regarding storm drainage  improvements on the Residential Project site. The commenter recommends that the storm drainage  plans need to show the location of retention basins on the Residential Project Site and describe how  they will function.   As shown in the Oak Park Properties Specific Plan (Appendix K), the bioretention basins would be  along the Residential Project frontage (directly west of Monticello Avenue) and along Oak Park  Boulevard. Please Refer to Master Response 2—Hydrology, Flooding, and Storm Drainage  Improvements for detail regarding how the bioretention basins would function for the Residential  Project.  Response to YAPP‐4  The commenter asks how stormwater pollutants, such as trash and debris, would be addressed by  the proposed plan’s storm drainage improvements.   During construction, a SWPPP would ensure that BMPs, such as straw wattling and storm drain  screens, are included to prevent pollutants from entering the storm drain system. During operation,  the proposed bioretention basins would collect stormwater where pollutants, such as trash, would  remain in the basin while runoff flows through the improved drainage lines. Pursuant to Pleasant Hill  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐224 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Municipal Code, Section 15.05.050, all development projects must submit a stormwater control plan  that meets the most recent version of the Contra Costa Clean Water Program Stormwater C.3  Guidebook. Section 15.05.080 establishes post‐construction requirements that would require  maintenance of stormwater management facilities. The continued maintenance of the stormwater  bioretention basins by the City of Pleasant Hill would ensure significant additional stormwater  pollutants would not enter Grayson Creek. In addition, Section 17.35.020 would require stormwater  drainage systems provide protection for off‐site properties from increased runoff created by  development. The Civic and Residential Projects would be required to comply with the City of  Pleasant Hill NPDES program and Clean Water Program, and all relevant provisions of the municipal  code related to stormwater pollution, including the provision of appropriately sized bioretention  areas for pre‐treatment of stormwater in accordance with C.3 Guidelines.   Response to YAPP‐5  The commenter asks how the bioretention basins would drain stormwater and if the basin will be  covered, left open, and how they would prevent people or animals from falling in if left open.   The bioretention basins include an underdrain that will drain to the 8‐inch outfall. The 8‐inch storm  drain alignment will have a flap gate upstream of the outfall to prevent backwater effects on the  bioretention basins. The basins are open by design and the intention is to not have any standing  water over 72 hours. During a regular rain event, a maximum of 12 inches of ponding of water is  expected within the basins. The gradual slopes along the perimeter will avoid someone from directly  falling into the basins at any given time. Similar basin designs have been constructed and maintained  to treat water in the greater Bay Area and within the city for the past 15 years without any major  incidents.  Response to YAPP‐6  The commenter describes the time short‐term noise measurements were taken as part of the Draft EIR  and recommends new measurements be taken during Saturdays when the ball fields would be in use.  See Response to FPHC‐18 in regards to the purpose and use of the noise measurements in the  analysis and how baseline ambient noise conditions were analyzed in comparison to the established  applicable noise performance thresholds.   While ambient noise measurements were conducted to document daytime ambient noise levels in  the plan area, they were not used as part of the impact determination. Rather, the noise impact  analysis was performed in response to the CEQA checklist question, “Would the project generate a  substantial temporary or permanent increase in ambient noise levels in the vicinity of the plan area  in excess of standards established in the local general plan or noise ordinance, or applicable  standards of other agencies?” The analysis identified that the applicable noise performance standard  established by the City for stationary noise sources is 50 dBA CNEL for receiving residential land uses.   However, as detailed in the response to comment FPHC‐18, the analysis showed that noise from the  proposed ball field activities would also not exceed existing background noise levels in the plan area  (since ball field activities would not exceed the noise performance standard of 50 dBA CNEL as  measured at receiving residential land uses). Therefore, the analysis correctly concludes that the  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐225  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  activities associated with the proposed ball fields would not generate a substantial temporary or  permanent increase in ambient noise levels in the vicinity of the plan area in excess of standards  established in the local general plan or noise ordinance, or applicable standards of other agencies,  and the impact would be less than significant. Documentation of weekend ambient noise levels in  the plan area was not required to reach this conclusion.   Response to YAPP‐7  The commenter restates text from page 3.10‐26 of the Draft EIR, the determination that two new  ball fields would not significantly increase noise impacts because they would not result in a doubling  of users. The commenter then asks (1) how the noise impacts during busy times (i.e. weekends) can  be determined without existing conditions, (2) would the noise from the new ball fields have a  greater impact on surrounding residential than the existing fields, and (3) how would the ball fields  night use impact noise.   In regards to noise impacts from ball field activity during evening hours, see Response to BADE.2‐2.   Response to YAPP‐8  The commenter asks what the operational noise impacts from the proposed plan would have on  biological resources during the day or night.   Noise impacts to biological resources are addressed on page 3.10‐28 of the Draft EIR. The impacts  were found to be less than significant with implementation of MM BIO‐1a and MM BIO‐1b (Civic  Project and Residential Project), MM BIO‐1c (Civic Project Only), MM BIO‐2 (Civic Project Only), and  MM NOI‐1. No further analysis is required. Additionally, please refer to FPHC‐56.  Response to YAPP‐9  The commenter states the on page 3.10‐9, Ambient Noise, of the Draft EIR the sentence that reads  “and the noise measurement data sheets are contained in Appendix H,” should refer to Appendix I.   This comment has been noted and the changes are included in Section 3: Errata. No further  response is required.  Response to YAPP‐10  The commenter re‐states text from page 3.9‐18 of the Draft EIR. The commenter does not agree that  the Residential Project qualify for the proposed zoning of Multi‐family Very Low Density (MRVL)  under the Municipal Code. The commenter explains that of the proposed 34 dwelling units, only  seven are proposed to be multi‐family and there is no guarantee that they will be rented to an  unrelated person.   The MRVL general plan designation allows for single‐family residences and the Residential Project is  within the allowable density.   As discussed under Impact LUP‐1, the Civic Project and Residential Project would be compatible with  the Pleasant Hill 2003 General Plan land use designations in the vicinity as well as the general  development pattern of residential neighborhoods further south in the City of Walnut Creek and the  educational uses to the north. Moreover, the proposed plan would be consistent with the Pleasant  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐226 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Hill 2003 General Plan policies adopted for the purpose of avoiding or mitigating an environmental  effect and would be consistent with the Pleasant Hill 2003 General Plan goals and policies relative to  housing.62  The Residential Project site is zoned “R10” (Single‐family—10,000‐square‐foot lots). The City would  amend the zoning map and rezone the Residential Project site to a new Planned Unit District (PUD) to  be consistent with the proposed plan. Rezoning the site would allow flexibility in zoning administration  while ensuring compatibility among new land uses with the surrounding land uses and allow the  Residential Project site to accommodate the proposed residences. By complying with the proposed  plan, impacts related to consistency with Pleasant Hill Municipal Code ordinances adopted for the  purpose of avoiding or mitigating an environmental effect would be less than significant.  Response to YAPP‐11  The commenter restates text from Table 3.9‐8, page 3.9‐29 of the Draft EIR, Item 3A regarding the  City’s goal to facilitate affordable housing and the Draft EIR determination. The commenter states  that the proposed Accessory Dwelling Units (ADUs) would not be sufficient to rent out to an average  working person because of size, lack of parking and amenities, and no legal requirement ensuring  the ADUs are rented to low‐income adults. The commenter recommends that Residential Project  include low to moderate housing for at least 25 percent of the dwelling units.  Seven of the 34 lots included in the Residential Project will incorporate ADUs into the design of the  home. The size and design of the ADUs complies with State Housing Laws. Although the ADUs are  designed to provide affordable rentals, the City cannot legally compel homeowners to rent the units.  The comment does not contain any substantive comments or questions about the environmental  analysis or conclusions contained in the Draft EIR. No further response is required.   Response to YAPP‐12  The commenter states that there is large demand for low to moderate income housing within the  City of Pleasant Hill and provides several housing statistics from the real estate website Redfin. The  commenter asserts that there is very limited housing available for people in the low to moderate  income bracket and that the proposed plan does not address the low housing stock availability.  The commenter’s comment is noted. The comment does not contain any substantive comments or  questions about the environmental analysis or conclusions contained in the Draft EIR. No further  response is required  Response to YAPP‐13  The commenter states that the proposed ADUs would not be sufficient to rent out to an average  working person because of size, lack of parking and amenities, and no legal requirement ensuring  the ADUs are rented to low‐income adults. The commenter asks what measures will be taken to  ensure the seven ADUs would be rented to low income residents.   See Response to YAPP‐11.                                                               62  FirstCarbon Solutions (FCS). 2019. Oak Park Properties Specific Plan Draft EIR (prepared for the City of Pleasant Hill). Pages 3.9‐18  through 3.9‐31. August.  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐227  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Response to YAPP‐14  The commenter asks how the 34 homes as part of the Residential Project would achieve the goals of  the Pleasant Hill 2003 General Plan related to providing housing for low to moderate income people.   See Response to YAPP‐11. The Residential Project provides seven ADUs to meet the Pleasant Hill  Housing Element goals to provide at least 20 percent of the units as inclusionary accessory dwelling  units for occupancy by low‐income households. Although the Residential Project includes seven  ADUs, the Residential Project is not proposed as an affordable housing development.   Response to YAPP‐15  The commenter asks what other housing options were considered for the Residential Project site.   The County evaluated a variety of housing options for the Oak Park Properties. The County retained  the project Architect to conduct a study of retaining the library and developing housing on the  remainder of the Residential Project site. Under this alternative, a maximum of 10 units would be  able to be developed as the site was constrained by the library and the parking needed for the  library. Even fewer units would be able to be developed on the Residential Project site when  topographic and grading considerations are taken into consideration. Based on an evaluation of site  constraints for the Residential Project site, the County determined that development of single‐family  dwelling units at a density of 10‐12 dwelling units per acre (du/ac) would provide an economically  feasible project and establish compatibility with the surrounding neighborhood. The County  determined that preserving the library with the development of fewer than 10 units would not meet  the basic project objectives to provide housing and would be economically infeasible given the  technological site constraints and costs of preserving the library.  Response to YAPP‐16  The commenter states the Draft EIR makes no mention of the California Housing Element Law that  apply to the sale of publicly owned land. The commenter then references the Surplus Land Act of  1968 and Assembly Bill 2135 (AB 2135) of 2014. The commenter asks what agencies or developers  have been notified of the availability of the plan area.   Please see response to YAPP‐14. The modification to the Surplus Land Act that was enacted by the  California State Legislature to which the commenter may be referring is AB 1486. The County will  comply with all applicable laws at the time of transfer of the property. The comment does not  contain any substantive comments or questions about the environmental analysis or conclusions  contained in the Draft EIR. No further response is required   Response to YAPP‐17  The commenter asks how the County is complying with the Surplus Property Act in the sale of this  property.  1700 Oak Park  The County sent a letter on October 30, 2006, to offer the property to an extensive list of the  agencies, in compliance with Government Code Section 54222. One response, from the East Bay  Regional Park District (EBRPD), was received. The response indicated the EBRPD had no interest in  acquiring the property. On July 14, 2015, the County sent a letter to the Pleasant Hill Recreation and  City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐228 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Park District offering the property for sale under Government Code Section 54222. The Recreation  and Park District responded on September 14, 2015, indicating an interest in purchasing the  property.  1750 Oak Park  The property located at 1750 Oak Park Boulevard was declared surplus by the Board of Supervisors  on April 18, 2017. No letters offering the property for sale under Government Code Section 54222  have been sent because the property is currently encumbered by an Option Agreement and  Agreement to Settle Litigation between the County and the District. The County will comply with  Government Code Section 54222 prior to disposing of the property to anyone other than the  Recreation and Park District under the Option Agreement.   Response to YAPP‐18  The commenter describes new California State laws signed by Governor Gavin Newsom and asks  what measures have been taken to ensure the proposed plan complies with these new laws. The  commenter recommends modifications to Section 3.11.2 of the Draft EIR to enumerate the  requirements of the Surplus Land Act, AB 2135, AB 1255, and AB 1486 and their relation to the  Residential Project.   See response to YAPP‐14.  Response to YAPP‐19  The commenter restates the County Librarian’s statement regarding the temporary library site and the  number of books that would be displaced because of the construction of the Civic and Residential  Projects. The commenter recommends the analysis discuss the impact to discarding books from the  library and the environmental impact of purchasing 60,000 new books for the new library.  The Draft EIR evaluates the impacts to the provision of library services in Section 3.15, Public  Services. CEQA requires an analysis of physical effects on the environment associated with the  development of a proposed project. In accordance with CEQA Guidelines Section 15131, CEQA does  not require an analysis of changes to program operations. The comment does not contain any  substantive comments or questions about the environmental analysis or conclusions contained in  the Draft EIR. No further response is required.  Response to YAPP‐20  The commenter states that the Draft EIR did not discuss or analyze the full impacts on traffic and  parking at the temporary library site. The commenter then restates text from page 3.14‐63 of the  Draft EIR, which discusses MM TRANS‐1a. The commenter asks (1) what contractual obligations will  the contractor have to monitor parking at the Senior or Teen Centers, (2) how monitoring the  parking at the temporary library would be an appropriate mitigation as part of a construction  contract, and (3) how this analysis complies with the requirements of an EIR.   The contractor will not be responsible for monitoring parking at the Senior and Teen Centers; that  will be the responsibility of the Recreation and Park District. The impact statement and mitigation  measure identifies that there is adequate space within the Senior Center to house the temporary  library as well as Senior Center activities and acknowledges that there could be parking shortages  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐229  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  depending on the temporary library schedule and senior center activities. MM TRANS‐1a does not  include deferred analysis; rather it includes monitoring actual conditions and adjusting schedules to  balance the temporary library and Senior Center operations.   Response to YAPP‐21  The commenter recommends performing a parking study and traffic study at the Senior Center,  Teen Center, and on Gregory Lane to determine the mitigation measures required to accommodate  the anticipated increased traffic and parking at those sites. The commenter states that the parking  lot is already too full. The commenter requests the reasoning for how the Senior Center would  accommodate the extra cars and parking demands during the construction period.   Please refer to Master Response 3—Parking, for information related to parking during construction.  Adjustments to library, Senior Center, and Teen Center operations to manage the parking demand  will also manage the level of vehicle traffic into and out of parking facilities from Gregory Lane,  minimizing temporary traffic increases on Gregory Lane and the surrounding area. Please also see  Response to YAPP‐22, which provides additional information related to the additional vehicle traffic  that could be added to the area.   Response to YAPP‐22  The commenter states project trip generation numbers from Appendix J and asks how the amount of  automobile traffic would impact the temporary library site. The commenter states that traffic and  queuing time at the left turn lane from eastbound Gregory Lane into the Senior Center frequently  backs up and can extend back to Contra Costa Boulevard. The commenter asks how the increase in  cars at the Senior and Teen Center would impact traffic on Gregory Lane.  The last City‐conducted LOS analysis for Gregory Lane was done in 2008, and it was determined that  the corridor (between Pleasant Hill Road and Contra Costa Boulevard) performed at a LOS C in the AM  peak‐hour and LOS C in the PM peak‐hour. The average daily traffic volume collected in 2008 was  17,500 vehicles. The most recent traffic volume count collected along Gregory Lane was September  2019, and it was determined that the average daily trips (ADT) remained consistent over the past 10  years (ADT in 2019 is 17,450). As such, it can be assumed that the LOS for the Gregory Lane corridor  (between Pleasant Hill Road and Contra Costa Boulevard) is consistent with that from 2008, especially  because there has been no new major development in the area that would change the overall traffic  pattern along the roadway. Given LOS C along the corridor, the City can conclude that Gregory Lane  can adequately accommodate the additional traffic from the temporary library site.  Additionally, Storytime and other library activities within the Teen Center would be scheduled for  times when other concurrent events are not happening to reduce overlapping parking and traffic  demands on the street system.   Response to YAPP‐23  The commenter states that the most popular day for the Storytime Program is on Saturday. The  commenter explains that the Teen Center parking lot is full from people using the lot during April  through October and during summer months due to people using the swimming pool. The  commenter asks how many cars are expected to use the Teen Center parking lot during the  Storytime Program.   City of Pleasant Hill—Oak Park Properties Specific Plan   Responses to Written Comments Final EIR      2‐230 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  Regarding the programming for the Storytime Program, County library staff notes that the current  library programming at the existing library site does not include the Storytime Program on Saturdays.   As part of the temporary parking management plan, the schedule for Storytime events at the Teen  Center will be established to minimize the potential for parking shortages in the area. As such, it is  difficult to project the number of vehicles expected for Storytime. In addition to the parking  available at the Teen Center, parking is also available at other public parking lots within walking  distance of the Teen Center.   Response to YAPP‐24  The commenter notes that the construction assessment on page 42 of Appendix J is incorrect. The  commenter states that the Senior Center has a full calendar of activities on weekdays from 9:00 a.m.  to 1:00 p.m., and in the afternoon, the parking lot fills up with cars for people attending classes at  the Senior Center. This comment has been noted and the revisions with respect to timing for the  classes included in Section 3: Errata.  The commenter notes that the Recreation and Park District rents the Senior Center to the public for  events that can involve several people causing the parking lot to fill up. The commenter asks if the  Recreation and Park District has agreed to cease rental of the Senior Center or limit rentals to small  groups while the temporary library is in operation. The temporary library will occupy a space that is  designed and currently used as the Senior Center Library. Therefore, the temporary library  operations are within a space that was designated for this use. As with all buildings with multiple  uses that the Recreation and Park District manages, the Recreation and Park District will schedule  programs and events pursuant to all required regulations.   Response to YAPP‐25  The commenter states that the temporary library should not be considered temporary because it  would be open for 18 months.   This comment does not address the adequacy of the Draft EIR.   Response to YAPP‐26  The commenter does not agree with the rejection of Alternative 6.91—Full Historic Preservation.  The commenter asks what are the reasons the existing Pleasant Hill Library cannot be renovated and  what are the specific reasons this alternative was rejected. The commenter suggests that the  alternative should be revised to include full renovation of the existing library while including 10  homes on the northern most portion of the Residential Project site.   The County has identified the existing library as a facility that has been affected by extensive  deferred maintenance. Attempting to rehabilitate the building to bring is up to current safety  standards would be cost prohibitive. Chapter 6, Alternatives, of the Draft EIR evaluated a reasonable range of feasible alternatives for the  Oak Park Properties Specific Plan. As explained in the administrative record, due to the technological,  physical and cost constraints associated with renovating and replacing the existing building, the County  determined that the Full Preservation Alternative was infeasible and rejected it from further  City of Pleasant Hill—Oak Park Properties Specific Plan  Final EIR Responses to Written Comments      FirstCarbon Solutions 2‐231  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec02‐00 Responses to Written Comments.docx  consideration. The Partial Historic Preservation Alternative, described on page 6–22 of the Draft EIR,  was identified as the only feasible alternative that would partially reduce the proposed plan’s  significant, unavoidable, impact to an historic resource. The recommended alternative design proposed  by the commenter would be inconsistent with City development standards. The proposed alternative  design is not functionally feasible because it would be constrained by the location of the residences; it  would necessitate those residences being close to the creek, which would introduce new potential  flooding impacts.   Response to YAPP‐27  The commenter includes “Affordable Housing Law Alert: Assembly Bill 2135 Strengthens Priorities for  Affordable Housing on Public Surplus Land” as a reference.  No further response is required.    THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan   Final EIR Errata      FirstCarbon Solutions 3‐1  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  SECTION 3: ERRATA  The following are revisions to the Draft Environmental Impact Report (EIR) for the Oak Park  Properties Specific Plan.   These revisions are minor modifications and clarifications to the document, and do not change the  significance of any of the environmental issue conclusions within the Draft EIR. The revisions are  listed by page number. All additions to the text are underlined (underlined) and all deletions from  the text are stricken (stricken).  3.1 ‐ Changes in Response to Specific Comments  Revisions to Exhibits  Exhibits 2‐3, 2‐4, 2‐8, 2‐13, 2‐14, 3.5‐1, 3.8‐1, 3.14‐1, 3.14‐2, 3.14‐3, 3.14‐4, 3.14‐5, 3.14‐6,  3.14‐7, 3.14‐8, 3.14‐9, 3.14‐10, 3.14‐11, 3.14‐12, and 3.14‐13.  These exhibits have been revised to include a north arrow and scale.   Executive Summary  Page ES‐19, Table ES‐1: Executive Summary Matrix  To correct typographical errors in the Draft EIR, the executive summary matrix has been revised:  Table ES‐1: Executive Summary Matrix  Impacts  Level of Significance  Before Mitigation Mitigation Measures  Level of Significance After  Mitigation  Impact BIO‐2:  Development of the  proposed Civic Project  could have a substantial  adverse effect on riparian  habitat or other sensitive  natural community  identified in local or  regional plans, policies,  and regulations or by the  California Department of  Fish and Game or U.S.  Fish and Wildlife Service.  Potentially Significant  (Civic Project)    No Impact (Residential  Project)  Implement MM BIO‐21a,  MM BIO‐1b, and MM BIO‐1c  (Civic Project only) and MM  NOI‐1 (Civic Project only)  and the following measures:  Less Than Significant with  Mitigation (Civic Project)    No Impact (Residential  Project)  Impact GEO‐6: The  proposed plan could  directly or indirectly  destroy a unique  paleontological resource  or site or unique geologic  feature.  Potentially Significant  (Civic Project and  Residential Project)  MM GEO‐6: Paleontological  Resources Monitoring  During Construction  Civic Project and Residential  Project: A paleontological  monitor shall be present  during all excavations that  exceed 10 feet in depth or   Impact GEO‐6: The  proposed plan could  directly or indirectly  destroy a unique  paleontological resource  or site or unique geologic  feature.  City of Pleasant Hill—Oak Park Properties Specific Plan   Errata Final EIR      3‐2 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  Table ES‐1 (cont.): Executive Summary Matrix  Impacts  Level of Significance  Before Mitigation Mitigation Measures  Level of Significance After  Mitigation     otherwise have the potential  to impact previously  undisturbed Pleistocene  alluvium. In the event a  fossil is discovered during  construction for the  proposed plan, excavations  within 50 feet of the find  shall be temporarily halted  or delayed until the  discovery is examined by a  qualified paleontologist in  accordance with Society of  Vertebrate Paleontology  standards. The project  sponsors for the Civic  Project and Residential  Project shall include a  standard inadvertent  discovery clause in every  proposed plan‐related  construction contract to  inform contractors of this  requirement. If the find is  determined to be significant  and if avoidance is not  feasible, the paleontologist  shall design and implement  a data recovery plan that is  consistent with the Society  of Vertebrate Paleontology  standards. Any recovered  fossil should be deposited in  an appropriate repository,  such as the UCMP, where it  will be properly curated and  made accessible for future  studies.    Cumulative Impact Less Than Significant  Potentially Significant  (Civic Project and  Residential Project)   No mitigation is necessary.  Implement MM GEO‐1 and  MM GEO‐6  Less Than Significant with  Mitigation  (Civic Project and  Residential Project)    42820009 • 10/2019 | 2-3_existing_GPLU.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-3 Existing General Plan Land Use Designations Source: City of Pleasant Hill General Plan Land Use Map. Feet 1,390 695 0 1,390I Plan Area FIRSTCARBON SOLUTIONS™ THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 2-4_existing_zoning.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-4 Existing Zoning Code Designations Source: City of Pleasant Hill General Plan Zoning Map. Feet 1470 735 0 1,470I Plan Area FIRSTCARBON SOLUTIONS™ MOUNT DIABLO UNIFIED SCHOOL DISTRICT City of Pleasant Hill Zoning Map • 5/16/11 Amended Residential C] R6 Single Family· 6000 sq ft Lots C:J R7 Single Family -7000 sq fl Lois C] R10 Single Family-10,000 sq ft lots C] R10A Single Family-Avg 10,000 sq ft l ots C] R15 Single Family-15,000 sq ft Lots C] R20 Single Family· 20 ,000 sq ft Lots C] MRVL Multiple Fa mily· Very Low Density C] MRL Multiple Fa mily· Low Density 1111 MRM Multiple Family -Medium Density 1111 MRH Multiple Fa mily -High Density Comm ercial C] NB Neighborhood Business 1111 RB Retail Business 1111 C General Commercial c:J PAO Professional & Administrative Offices Industrial 1111 u Limited Industrial Other 1111 PUO Planned Unit Oistrid 1111 PPD Precise Plan Oistrid C:J HPUD Hillside Planned Unit District THIS PAGE INTENTIONALLY LEFT BLANK I 42820009 • 10/2019 | 2-8_conceptual_site_plans.cdr Exhibit 2-8 Conceptual Site Plans CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: EINWILLERKUEHL Landscape Architecture. - 135 SPACES Plan Area Feet 200 100 0 200 POTENTIAL PEDESTRIAN CONNECTION • 11 POCKET PARK NUMBER OF UNITS: 34 UNITS SQUARE FOOTAGE : 2,800 _ 3,400 SF HEIGHT: LESS THAN 35' PARKING PROVIDED: COVERED: DRIVEWAY: ON-§JBFFr TOTAL : POTENTIAL PEDESTRIAN CONNECTION PEDESTRIAN CONNECTION FIRSTCARBON SOLUTIONS™ I LIMIT OF WORK ----. TOP OF BANK SETBACK -f'----BIORETENTION -5055SF +------GRAYSON CREEK ..£.:... _____ (El CREEK CORRIDOR TREE CANOPY THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 2-13_proposed_GPLU.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-13 Proposed General Plan Land Use Designations Source: Oak Park Properties Specific Plan, 2019. Feet 1,390 695 0 1,390I Plan Area FIRSTCARBON SOLUTIONS™ RESIDENTIAL INDUSTRIAL Single-Family Low Density -Light lndustrail Single-Family Medium Density PUBLIC & SEMI PUBLIC Single-Family High Density -Open Space Multi-Family Very Low Density -Multi-Family Low Density -Multi-Family Medium Density -Multi-Family High Density -Semi-Public and Institutional -Park -School D City Limits Boundary COMMERCIAL D Sphere of Influence Boundary -Commercial and Retail -Office -Mixed Use Neighborhood Business THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 2-14_proposed_zoning.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 2-14 Proposed Zoning Code Designations Source: Oak Park Properties Specific Plan, 2019. Feet 1470 735 0 1,470I Plan Area FIRSTCARBON SOLUTIONS™ MOUNT DIABLO UNIFIED SCHOOL DISTRICT City of Pleasant Hill Zoning Map • 5/16/11 Amended Residential C] R6 Single Family· 6000 sq ft Lots C:J R7 Single Family -7000 sq fl Lois C] R10 Single Family-10,000 sq ft lots C] R10A Single Family-Avg 10,000 sq ft l ots C] R15 Single Family-15,000 sq ft Lots C] R20 Single Family· 20 ,000 sq ft Lots C] MRVL Multiple Fa mily· Very Low Density C] MRL Multiple Fa mily· Low Density 1111 MRM Multiple Family -Medium Density 1111 MRH Multiple Fa mily -High Density Comm ercial C] NB Neighborhood Business 1111 RB Retail Business 1111 C General Commercial c:J PAO Professional & Administrative Offices Industrial 1111 u Limited Industrial Other 1111 PUO Planned Unit Oistrid 1111 PPD Precise Plan Oistrid C:J HPUD Hillside Planned Unit District THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.5-1_regional_fault_map.cdr Exhibit 3.5-1 Regional Fault Map CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: U.S. Geological Survey (Graymer, Jones and Brabb, 1994; and Earthquake Fault Zone Maps (California Geological Survey) Plan Area Mor a g a f au l t Ha yw a r d f a u l t Calave ra s fau l t F r ankl in fau l t Conco rd fau l t Sher b u r n e H i l l s t h r u s t f a u l t Greenv i l le f aul t Midland faultMor a g a f au l t Ha yw a r d f a u l t Calave ra s fau l t F r ankl in fau l t Conco rd fau l t Sher b u r n e H i l l s t h r u s t f a u l t Greenv i l le f aul t Midland fault0 ,, ,, ,, Strike _ Sli a (location a~pr~d _normal fault in EFZ consid x1mate; those potentially act~!)d active or Thrust Fault (I . not ocat1on ap . considered t proximate · fault rupture b to pose a risk of su~a se· · ' u consider d ce ism1c source) e potential Earthquake Fault fault traces ma Z_one (active in the EFZ · sel exist anywhere more accu~ate I offic_1al maps for ocat1on) FIRSTCARBON SOLUTIONS™ THIS PAGE INTENTIONALLY LEFT BLANK Plan Area Limits 42820009 • 10/2019 | 3.8-1_FEMA_special_flood_haz_areas.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.8-1 FEMA Special Flood Hazard Areas Source: WRECO, 2019. Feet 1,000 500 0 1,000I Legend ( E3 Civic Project Residential Project FEMAFIRM Special Flood Hazard Area AE X (Shaded) ~ X (Unshaded) FIRSTCARBON SOLUTIONS™ THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-1_Study_Area_Intersection.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-1 Study Area Intersection Location Map Source: FEHR + PEERS, April 2019. I No Scale Plan Area-Cl) Study Intersect ion FIRSTCARBON SOLUTIONS™ Afternoon Peak Hour Analysis Location @ With Project Analysis Location THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-2_Existing_Peak_Hour_Vol.cdr Exhibit 3.14-2 Existing Peak Hour Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area I No Scale WW [XX] (YY) [ZZ} AM [Afternoon) {PM) {Weekend} Peak Hour Traffic Vo lumes -0 St ud y Intersection FIRSTCARBON SOLUTIONS™ n Sig nali zed Intersection • 0 Afternoon Peak Hour 'fl Ana lys is Location "'!'a"" Stop Sign 'fl Yield Sign Rectangular Rapid Fl ashing Beacon (R RFB) + Yield Sig n 1. Patterson Blvd/Boyd Rd o.' 127(167)(132} 135(77){93}---V • • +-146(107){126) ,,:-179(140){143) • 5. Patterson Blvd/Putnam Blvd/Oak Park Blvd k-_50[931(103)(50) -196[2451(347){179} ,,:-103 [971(107){70) ~~ iii 9 . Monticello Ave/Santa Barbara Rd • 13. Pleasant Valley Dr/Oak Park Blvd 47(34){38)-.A 8\8(616){463)-+ 2(3){01 ---V .... -.:.._ 171(333){222) :=:361(502){251) ~12(8){18) 2 . Patterson Blvd /Soule Ave • t • 6 . Monte Cresta Ave/Santa Barbara Rd • -+-:J~~w(m{,9) 51[39)(3){13} t • 10. Monticello Ave/Oak Park Blvd . 14. N Main St/Pleasant Valley Dr 70(160){82)-.A 109(186){174)--- .. 3 . Patterso n Blvd /Hawthorne Dr • • +-148[78]{33){45) 10[4)(1){0} 41(17](2){3) 7 . Monte Cresta Ave/Oak Park Blvd • t • 11. EBMUD Trail/Cleaveland Rd/Astrid Dr 'fl : 398(1041(123){77}-+ 15. N Main St/Oak Park Blvd 39(60){44) _,A 83(81){112)---.. 4. Patterson Blvd/Santa Barbara Rd • 'lt:,__30(371(10){17) ~46(24)(7){8) 8 . Monticello Ave/Hawthorne Dr • i • 12. EBMUD Trail/Oak Park Blvd ~736[718)(615){437} 'fl 864(6111{669){428}-+ THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-3_Existing_Peak_Hour_Bicycle_Ped_Vol.cdr Exhibit 3.14-3 Existing Peak Hour Bicycle and Pedestrian Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area I No Scale AM (Aft ernoon) [PM] {Wee kend} ~ AM (Afternoon) (PM] {Weekend} Peak Hour Pedestrian Volumes WW (XX} [YYJ !ZZJ =;' Pea k Hour Bicycle Vol umes -C, Study In te rsection 0 Afternoon Peak Hour Ana lysis Location FIRSTCARBON SOLUTIONS™ II Signalized Intersection e Stop Sign 'fJ Rectangular Rapid Flashing Beacon (RRFB) + Yield Sign Yield Sign B""" R~ 1. Patterson Blvd/Boyd Rd - - * ... ~ 2 [OJ {O)--+ 3[01{0). . ~ -111J{OJ ,,-1 [OJ {OJ - -er ... t:'°o ='.§: OM 5. Patterson Blvd /Putnam Blvd/Oak Park Blvd 9 . Monticello Ave/Santa Barbara Rd * ' -* ... ~ 5 [OJ (0) {0) --" O[OJ(0){1). I i t:Se se: e:e: -o 13. Pleasant Valley Dr/Oak Park Blvd .. ,., 2 . Patterson Blvd/Soule Ave ~ O[OJ{O). 6 . Monte Cresta Av e/Santa Barbara Rd . ~ 0 [OJ {0){0) +-0 [6J {1){0) 0 [2J {1){0) t • 10. Monticello Ave /Oak Park Blvd ,.iecE "000 ). l I .L~l{0){1) 0 [4J {7){9) .. . 14. N Main SVPleasant Valley Dr §:§: ~§:~ ON * '' ' ' I .ii "~ P1-e!\I•~ -~ ~tt * '' ' ' t:e:e: ... ... ~ e:e: 0 [01(0)--" o- 0 [01(0)---,. 3. Patterson Blvd/Hawthorne Dr i e ~ I o [6]{0){01 l 4--0 [6J (0) {0) 0 [11{0) {0) t 7 . Monte Cresta Ave/Oak Park Blvd ~ 0 [OJ (1) {0) 3 [2J (2) {4) --+ 0 [OJ (0) {0) t • 11 . EBMUD Trail/Cleaveland Rd/Astrid Dr !! ~J{O){O) i: +-0 [01(0){1) •: 0 [01(10){0) iv' ,.i~§:§: "t)o,:-,,o fMEll,l:Jll!Je *Mu ■iuue ... y': ~ : 0 [OJ {O) {0) : 4 [1J {O) {O)--+ 0 [OJ {0) {0) 15. N Main SVOak Park Blv d t §:='.='. CNN 4 . Patterson Blvd /Santa Barbara Rd ~ "---0 [OJ (11{1) "0 [6J (11{0) 8 . Monticello A ve/Hawthorne Dr :::.e .-,ss "0oN 8 1 -* " -~ . ~ l 1 [O[ {2) {O) -{ ! 3 [O[ {5){1) e ! 12. EBMUD Trail/Oak Park Blvd --*•E•~•v• ... v': 0 [OJ (O;f,! "' i 6 [7J (0) {6) --+ : 0 [2J (0) {3) : t THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-4_Existing_Daily_rdwy_seg_vol.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-4 Existing Daily Roadway Segment Volumes Source: FEHR + PEERS, April 2019. Plan Area I No Scale - FIRSTCARBON SOLUTIONS™ Study Segment Weekday/ Saturday Existing Daily Traffic / THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-5_Existing_Transit_Facilities.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-5 Existing Transit Facilities Source: FEHR + PEERS, April 2019. Plan Area I No Scale --BART • Bus Stop in Vicinity of Project Site The County Connection -Fairfield-Suisun Transit = Tri Delta Transit = Soltrans -WHEELS FIRSTCARBON SOLUTIONS™ THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-6_Existing_Bicycle_Facilities.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-6 Existing Bicycle Facilities Source: FEHR + PEERS, April 2019. Plan Area I No Scale - FIRSTCARBON SOLUTIONS™ Class 1 Bike Path -Class 2 Bike Lane Class 3 Bike Route = Class 4 Protected THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-7_parking_survey_loc.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-7 Parking Survey Locations Source: FEHR + PEERS, April 2019. I No Scale Roberta Ave Oak Park Blvd .. Parking Survey Location and Number ofTota l Spaces FIRSTCARBON SOLUTIONS™ l!; < 0 ~ C: 0 ::;; School Parking Lot ~124 THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-8_wkday_parking_occupancy.cdr Exhibit 3.14-8 Weekday Parking Occupancy CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. I No Scale Roberta Ave FIRSTCARBON SOLUTIONS™ AFTERNOON (2 PM) <50% 50-69% -70-84% -> or equa l to 85% EVENING (6 PM) Roberta Ave Hawthorne Parkini lot ifiiiiliiiiiiii Schoo/Porting lot South library lot THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-9_sat_parking_occupancy.cdr Exhibit 3.14-9 Saturday Parking Occupancy CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. I No Scale Roberta Ave <50% -50-69% -70-84% -> o r equa l to 85% FIRSTCARBON SOLUTIONS™ MORNING (10 AM) I Roberta Ave II Sdwo/ParkingLot II NOON (12 PM) II t II ! " j "~arbaraRd ~I ;--;;;; ....., ~ SouthUbmr;lot THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-10_proposed_plan_trip_distribution.cdr CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Exhibit 3.14-10 Proposed Plan Trip Distribution Source: FEHR + PEERS, April 2019. Plan Area Residential Project Trip Distribution Civic Project Trip Distribution I No Scale &DIDlillIDlli111il WlilDD@W fil@OH@8 WlilDD@W - FIRSTCARBON SOLUTIONS™ ~ Y% Grayson Rd Center Ave Chilpancingo Pkwy • 1 Gregory l n Boyd Rd / ~ I I 5 ~ Oak Park Blvd ~ I GearyRd I I Hookstoid Mayhewiay Olivera Rd Concord Ave / ,i I I «:@lil@®li'@i C!aYlonf!d Walnut Ave .a -i:5 ~ ~ 3 ~@li'lllb (!l!illl@ THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-11_proposed_plan_trip_assignment.cdr Exhibit 3.14-11 Proposed Plan Trip Assignment CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area With Plan Analysis Location I No Scale WW [XX] (YY) {ZZJ AM [Afternoon] (PM) {Weekend} 11 Signalized Intersection Peak Hour Traffic Volumes 0 Study Intersection G Afternoon Peak Hour @ Analysis Location - FIRSTCARBON SOLUTIONS™ 1. Patterson Blvd/Boyd Rd • ,r-1 (2){6) 0(2){9}-,,. • • Stop Sign 'fl Yield Sign Rectangu lar Rapid Flashing Beacon (RRFB) + Yield Sign 2 . Patterson Blvd/Soule Ave • • 6 . Monte Cresta Ave/Santa Barbara Rd • +-2(4](4){6} • • 1[2)(3){8}--+ • 10. Monticello Ave/Oak Park Blvd 7(68](33){55} _:,1 -5 [-81] (-26) {-36} --+ It._ 19[1231(68)(202} --12[-85](-33){-52} 14. N Main St/Pleasant Valley Dr J 3 . Patterson Blvd/Hawthorne Dr • It._ 3 (31(5){11} 7. Monte Cresta Ave/Oak Park Blvd +-7[7](11){23} • • 2(10](9){23}--+ 11 EBMUD Trail/Cleaveland Rd/Astrid Dr +-0[0](0){0} i'el' 0(0](0){0)-+ 15. N Main St/Oak Park Blvd 2(3){6}.....:lf 10(31)(80}-,,. """"Dr 4. Patterson Blvd /Santa Barbara Rd IS • ;-;: lt..-.1[2](3){5} ,,.-1[1](1){1} ~ r -- 0 8 . Monticello Ave/Hawthorne Dr 0[1](1){8}-,,. • 12. EBMUD Trail/Oak Park Blvd "' 17[33](S9){1S5)-+ ~: i: -: +-7[38](35){150) i 'el' :~ 16. Monticello Ave/library Driveway • It._ 0[20](5){12) ,,.-17 (1761(124){216) 5. Patterson Blvd/Putnam Blvd/Oak Park Blvd --+-4 [3](5){10} ,,.-4 [4](6){14} ir 1[5](5){10}--+ §f :=:e ~~ 9. Monticello Ave/Santa Barbara Rd -3[-3](-8){-23} .....:If 4 [7](12){31}-,,. • 13. Pleasant Valley Dr/Oak Park Blvd +-3(17){69} J 17(60){154}-+ 17. Monticello Ave/Residential Driveway 4 [3](3){4}.....:lf 22 (13)(12){21}-,,. • THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-12_existing_plus_plan_peak_hr_vol.cdr Exhibit 3.14-12 Existing Plus Plan Peak Hour Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area With Plan Analysis Location I No Scale WW [XX] (YY) {ZZ} AM [Afternoon] (PM) {Weekend} II Signalized Intersection Peak Hour Traffic Volumes C, Study Intersection Q Afternoon Peak Hour @ Analysis Location - FIRSTCARBON SOLUTIONS™ 1. Patterson Blvd/Boyd Rd • r-1(2){6} 0(2){9}at. • • Stop Sign \j Yield Sign Rectangular Rapid Flashing Beacon (RRFB) + Yie ld Sign 2 . Patterson Blvd/Soule Ave • • 6 . Monte Cresta Ave/Santa Barbara Rd • +-2[4](4){6) • • 1[2](3){8)--+ • 10. Monticello Ave/Oak Park Blvd A 7{68](33){55) _,, -5 [-81] (-26) {-36)--+ ~19(123](68){202) ---12(-85](·33){-52} 14. N Main St/Pleasant Valley Dr ,) ,i 3. Patterson Blvd/Hawthorne Dr • ~3[3](5){11} 7. Monte Cresta Ave/Oak Park Blvd +-7[7](11){23} • • 2[10](9){23}--+ 11 . EBMUD TraiVCleaveland Rd/Astrid Dr 0[0](0){0)--+ 15. N Main St/Oak Park Blvd 2(3) {6)-11 10(31){80}al. 4. Patterson Blvd/Santa Barbara Rd IS • §: §: ~1[2](3){5} r-1[1](1){1) ~ r - 0 8. Monticello Ave/Hawthorne Dr 0[1](1)(8}-. • 12. EBMUD Trail/Oak Pan< Blvd !: g: ~: +-7[38](35){150) ! 'v :~ Y1 17[33](59)(155}--+ : 16. Monticello Ave/library Driveway • ~0[201(5){12} r-17[176](124)(216} 5. Patterson Blvd/Putnam Blvd/Oak Park Blvd -+-4[3](5){10} r-4[4](6){14} ir 1 [5]{5){10)--+ ~~ ;::;e ~~ 9 . Monticello Ave/Santa Barbara Rd -3 [-3] (-8) {-23) _,, 4 (7](12){31)at, • ,i 13. Pleasant Valley Dr/Oak Pan< Blvd --3(17)(69) ,) 17(60)(154)--+ 17. Monticello Ave/Residential Driveway 4 [3] (3){4} _.ff 22[13J(12)(21}al. • ,i THIS PAGE INTENTIONALLY LEFT BLANK 42820009 • 10/2019 | 3.14-13_cumulative_plus_plan_peak_hr_traf_vol.cdr Exhibit 3.14-13 Cumulative Plus Plan Peak Hour Traffic Volumes CITY OF PLEASANT HILL • OAK PARK PROPERTIES SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT Source: FEHR + PEERS, April 2019. Plan Area With Plan Analysis Location I No Scale WW [XX] (YY) {ZZ) AM [Afternoon) (PM) {Weekend) § Signalized In tersection Pea k Hour Traffi c Vo lumes 0 Study Intersection O Afternoon Peak Hour @ Analysis Location - FIRSTCARBON SOLUTIONS™ 1. Patterson Blvd/Boyd Rd • +-200 (1 40) {160} Y-191(153){157} • Stop Sign 'fJ Yield Sign Rectangular Rap id Flas hing Beacon (RRFB) + Yield Sign 2 . Patterson Blvd /Soule Ave 10(10){10} 2ii:1i:11ii -+ • • _k._ 10(10){10) ~0(10){10} 20(10){10) 6 . Monte Cresta Ave/Santa Barbara Rd • 0(10)(10){0) ~g~li~~:l~~:-+ 1 e l I • ....k.__10[10)(10)(10) ....,.-52(52)(13)(26} 60(40)(10)(20) t • 10. Monticello Ave/Oak Park Blvd 7951~JffJJ!~~.r~i -=!.._ 20(10) (20){5} .... ---289(192)(108){252} +-478(515)(677){418) ~20(10)(20){5) 14. N Main SUPleasant Valley Dr 90{200)(110)..Jf 140(230){220)~ 3. Patterson Bl vd/Hawthorne Dr • ~ 153[83){45){61} ~60(30](10){10} 7 . Monte Cresta Ave/Oak Park Blvd • t • 762 1:sJITJ~fW~l -+ 10110)(10){10} 11. EBMUDTraiVCleaveland Rd/Astrid Dr 550[160)(190)(140)---+ ,: ~: ffi : +-110(220)(170){110} i'v 15. N Main SUOak Park Blvd 4. Patterso n Blvd/Santa Barbara Rd • '------31(42](13){25} ~51 (31](11){11} 8. Monticello Ave/Hawthorne Dr • 12. EBMUD Trail/Oak Park Blvd !: ~: :; +-926(927)(804){700} i :?' !1 793[1 ,0971(685){899)---+ ; 16. Monticello Ave/Library Driveway • ---0 {20](5) {12} ~ 17[176)(124){216} 5. Patterson Blvd/Putnam Blvd/Oak Park Blvd ---60 [100] (110) {50) +-264(313)(445){240} ~124 [114)(126){94} 9. Monticello Ave/Santa Barbara Rd 57[6](22){7} 5[10)(10){10}-+ 21[37](32){61} • • 5[10)(10){10} +-sr10J(10J{10J 5[10J (10){10} 13. Pleasant Valley Dr/Oak Park Blvd 60(50){50)..Jf 1,037(830)(724)---+ 10(10){0}----v!"' ---210(410){260} ::=453 (637){379} ~50(20){40) 17. Monticello Ave/Residential Driveway 4[3[(31{4}-" 22[13](12){21}~ • THIS PAGE INTENTIONALLY LEFT BLANK City of Pleasant Hill—Oak Park Properties Specific Plan   Final EIR Errata      FirstCarbon Solutions 3‐43  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  Introduction  Section 1.3.3—Notice of Preparation and Public Scoping Process  Table 1‐1, Page 1‐8  The date of Jack Prosek’s submitted comment during the public scoping process has been updated.  Table 1‐1: Summary of EIR Scoping Comments  Agency/Organization Author Date Comment Summary Coverage in DEIR  Individuals   — Jack Prosek (sent  scoping comment via  email on 11/21/2018  12/12/2018  and made comment  during scoping  meeting)  11/21/2018  12/12/2018  •  Concerned with left turn  traffic from Monticello,  school traffic, and AM  commute traffic on Oak  Park Boulevard  •  Concerned about  inadequate emergency  access points into parking  lot  •  Recommends project  contains of 140 space  parking lot  •  Section 3.14,  Transportation    Chapter 2—Project Descriptions  Page 2‐32, Paragraph 5  To provide additional clarity, the following paragraph has been revised:  Illuminated exterior signs would be provided for the library at the intersection of Oak Park  Boulevard, and a decorative, low‐level illuminated sign would be located near the entrance.  The parking lot would include pole lights, while pedestrian paths would include a  combination of pole lights and bollards. The southern face of the library would be  illuminated with ground‐mounted wall washing lights. Areas under canopies and overhangs  would be illuminated with downlights mounted on the structure. A way‐finding sign would  be provided at the entrance to the library parking lot off Monticello Avenue. Lighting would  be provided along the pedestrian trail Lit bollards would be provided along the southern  portion of the pedestrian trail (from Oak Park Boulevard to just south of the library parking  lot) immediately west of the Grayson Creek Corridor and would be shut off at 10:00 p.m. No  signage is proposed along the Grayson Creek Corridor.  Section 3.1—Aesthetics  Page 3.1‐2, Paragraph 2  In response to FPHC‐29, the following paragraph has been revised:  The Civic Project site is currently vacant. Scattered trees are located along Oak Park  Boulevard, Monticello Avenue, and within the Grayson Creek Corridor. There is an unbroken  City of Pleasant Hill—Oak Park Properties Specific Plan   Errata Final EIR      3‐44 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  tree line along Grayson Creek. The remainder of the Civic Project site is predominantly open  and covered with grasses and intermittent shrubs. A sidewalk runs the full length of  Monticello Avenue on the western side. The eastern side of Monticello Avenue includes  nominal and unmaintained landscaping areas, along with an informal dirt/gravel parking  area. Overhead utility lines are located along both sides of Monticello Avenue.  Pages 3.1‐30 and 3.1‐31, Paragraph 5  To correct a typographical error in the Draft EIR, the following paragraph has been revised:  Civic Project  Light  The proposed athletic fields would be lighted by poles approximately 40 to 70 feet tall with a  light level less than 50,000 candela, which is equivalent to high beam headlights of a car.1  Light from these lighting poles could extend across Grayson Creek Corridor and onto the off‐ site EBMUD Trail and single‐family homes to the east. However, Exhibit 3.1‐6, photograph A,  shows that these lights would be directed downward and toward the west, away from the  EBMUD trail and adjacent single‐family homes. The photometric plan for the proposed  athletic fields was peer reviewed by an independent consultant, and adjustments were  identified and implemented in the proposed design and operation (i.e. 10 p.m. but cut off)  to ensure that lighting levels would not exceed City lighting standards.  Page 3.1‐31, third full paragraph   To provide additional clarity, the following paragraph has been revised:  The proposed library would include exterior lighting that would create a new source of light  compared to existing conditions (Exhibit 3.1‐7, photograph D). As shown in Exhibit 3.1‐7  photograph D, the only lights visible from Oak Park Boulevard would be directed onto the  library’s southern façade, and sidewalks, and in the parking lot; parking lot lighting would be  visible from this viewpoint. This property is currently adjacent to Oak Park Boulevard and  residential homes across Oak Park Boulevard to the south, which contains light sources that  illuminate the southern portion of the Civic Project property. Pursuant to Section 18.55.140  of the Municipal Code, the City requires certain screening, lighting, and landscaping features  for parking areas. The proposed library parking lot would include lighting that would be  required to limit off‐site light spillage and would screen lighting with landscaping. As shown  in Exhibit 3.1‐7, photograph D, the parking lot would be screened by the library and  associated trees and lighting would not spill onto the adjacent single‐family homes. The  photometric plan for the proposed library was peer reviewed by an independent consultant,  and adjustments were identified and implemented in the proposed design to ensure that  lighting levels demonstrate that the library lighting would not exceed City lighting standards.  In addition, the Civic Project would adhere to Section 18.60.050 of the Pleasant Hill  Municipal Code, which provides standards for signs. No signage is proposed along the  pedestrian trail along Grayson Creek Corridor or the potential future bridge connecting the  pedestrian trail to the EBMUD trail. Lighting would be provided along the pedestrian trail Lit                                                               1  Musco Lighting. 2018. Illumination Summary.   City of Pleasant Hill—Oak Park Properties Specific Plan   Final EIR Errata      FirstCarbon Solutions 3‐45  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  bollards would be provided along the southern portion of the pedestrian trail (from Oak Park  Boulevard to just south of the library parking lot) immediately west of the Grayson Creek  Corridor and would be shut off at 10:00 p.m.   Page 3.1‐32, first full paragraph   To provide additional clarity, the following paragraph has been revised:  Oak Park Boulevard improvements would include 10 new streetlights along the northern  segment of Oak Park Boulevard. As shown in Exhibit 3.1‐7, photograph D, the only lights  visible from Oak Park Boulevard would be directed onto the library’s southern façade, and  sidewalks, and in the parking lot; parking lot lighting would be visible from this viewpoint. As  described above, the new lighting fixtures would consist of 17‐foot fluted structural grade  aluminum poles with a 3‐foot aluminum lighting roof and cage. The lighting system would  draw 94 watts through a mounted LED source to provide 4,670 lumens.   Page 3.1‐37, Mitigation Measures   To provide additional clarity, the following mitigation measure has been revised:  MM AES‐4 Adhere to Architectural City’s Design Review Process and Standards   Civic Project and Residential Project: As part of the City’s review process,  the Civic Project and Residential Project shall each include the following  features in its design review submittal:   Structures facing a public street or neighboring property shall use  minimally reflective glass, and other materials and colors used on the  exterior of buildings and structures shall be selected with attention to  minimizing reflective glare.    Section 3.3—Biological Resources  Page 3.3‐33, Mitigation Measures  To correct a typographical error in the Draft EIR, the following mitigation measure has been revised:  Mitigation Measures  Implement MM BIO‐21a, MM BIO‐1b, and MM BIO‐1c (Civic Project only) and MM NOI‐1  (Civic Project only) and the following measures:  Pages 3.3‐39 and 3.3‐40, Mitigation Measures  To correct a typographical error in the Draft EIR, the following mitigation measures have been  revised:  MM BIO‐5a Obtain Tree Removal Permits Prior to Construction   Civic Project and Residential Project: Any plan affecting trees should be  reviewed by the Consulting Certified Arborist with regard to tree impacts.  City of Pleasant Hill—Oak Park Properties Specific Plan   Errata Final EIR      3‐46 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  These include, but are not limited to, improvement plans, utility and drainage  plans, grading plans, landscape and irrigation plans and demolition plans.  MM BIO‐5b Implement Tree Protection Treatments Prior to Construction  Civic Project and Residential Project:   The Demolition Contractor shall meet with the Consulting Certified  Arborist before beginning work to discuss work procedures and tree  protection. Of specific concern is removal of existing chain‐link fence in  along the northeast and east property lines.   Cap and abandon all existing underground utilities within the Tree  Protection Zone in place. Removal of utility boxes by hand is acceptable  but no trenching should be performed within the Tree Protection Zone in  an effort to remove utilities, irrigation lines, etc.   Fence trees to completely enclose the Tree Protection Zone prior to  demolition, grubbing, or grading. Fences shall be 6‐foot chain link or  equivalent as approved by the City of Pleasant Hill. Fences are to remain  until all construction is completed.   Trees to be preserved may require pruning to provide construction  clearance. Pruning of off‐site trees should be performed with the property  owner’s permission. All pruning shall be completed by a Certified Arborist  or Tree Worker. Pruning shall adhere to the latest edition of the ANSI Z133  and A300 standards as well as the Best Management Practices—Tree  Pruning published by the International Society of Arboriculture.   Structures and underground features to be removed within the Tree  Protection Zone shall use the smallest equipment, and operate from  outside the Tree Protection Zone. The Certified Arborist shall be on‐site  during all operations within the Tree Protection Zone to monitor  demolition activity.    MM BIO‐5c Implement Tree Protection Guidelines During Construction  Civic Project and Residential Project:   Prior to beginning work, the contractors working in the vicinity of trees to  be preserved are required to meet with the Consulting Certified Arborist  at the site to review all work procedures, access routes, storage areas and  tree protection measures.   Fences have been erected to protect trees to be preserved. Fences define  a specific Tree Protection Zone for each tree or group of trees. Fences are  to remain until all site work has been completed. Fences may not be  relocated or removed without permission of the Consulting Certified  Arborist.  City of Pleasant Hill—Oak Park Properties Specific Plan   Final EIR Errata      FirstCarbon Solutions 3‐47  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx   Any excavation within the dripline or other work that is expected to  encounter tree roots should be approved and monitored by the Consulting  Certified Arborist. Roots shall be cut by manually digging a trench and  cutting exposed roots with a sharp saw. The Consulting Certified Arborist  will identify where root pruning is required.   If injury should occur to any tree during construction, it should be  evaluated as soon as possible by the Consulting Certified Arborist so that  appropriate treatments can be applied.   Prior to grading, pad preparation, excavation for  foundations/footings/walls, trenching, trees may require root pruning  outside the Tree Protection Zone by cutting all roots cleanly to the depth  of the excavation. Roots shall be cut by manually digging a trench and  cutting exposed roots with a sharp saw or other approved root pruning  equipment. The Consulting Certified Arborist will identify where root  pruning is required.   All underground utilities, drain lines, or irrigation lines shall be routed  outside the Tree Protection Zone. If lines must traverse through the  protection area, they shall be tunneled or bored under the tree as  directed by the Consulting Certified Arborist.   No materials, equipment, spoil, waste, or washout water may be  deposited, stored, or parked within the Tree Protection Zone (fenced  area).   Any additional tree pruning needed for clearance during construction  must be performed by a Certified Arborist and not by construction  personnel.    Section 3.5—Geology and Soils  Page 3.5‐10, Paragraph 2  To correct a typographical error in the Draft EIR, the following paragraph has been revised:  Compliance with the 2016 CBC requires that (with very limited exceptions) structure for  human occupancy be designated designed and constructed to resist the effects of  earthquake motions. The Seismic Design Category for a structure is determined in  accordance with either California Building Code Section 1613—Earthquake Loads, or  American Society of Civil Engineers Standard No. 7‐05, Minimum Design Loads for Buildings  and Other Structures. In brief, based on the engineering properties and soil‐type of soils at a  proposed site, the site is assigned a Site Class ranging from A to F. The Site Class is then  combined with Spectral Response (ground acceleration induced by earthquake) information  for the location to arrive at a Seismic Design Category ranging from A to D, of which D  represents the most severe conditions. The classification of a specific site and related  calculations must be site specific and determined by a qualified person.  City of Pleasant Hill—Oak Park Properties Specific Plan   Errata Final EIR      3‐48 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  Page 3.5‐5  Exhibit 3.5‐1, Regional Fault Map  To provide further clarity, the Earthquake Fault Zones (EFZ) are shown and named in Exhibit 3.5‐1.  Page 3.5‐21  To correctly reference mitigation that is included in related sections of the Draft EIR, the following  text edits are made in Section 3.5.5 Cumulative Impacts:  Soil‐related Hazards  Soil conditions associated with the proposed plan, such as differential settlement, expansive  soils, and soil creep, are specific to the plan area and generally do not contribute to a  cumulative effect. Some or all other cumulative projects may have similar conditions but  they also would not contribute to a general geologic or soil cumulative effect. The proposed  plan would be subject to all City of Pleasant Hill 2003 General Plan policies, City code  policies, and the CBC reducing soil‐related hazard impacts. Furthermore, the proposed plan  would also be required to implement MM GEO‐1, which would reduce soil‐related hazards  to below a level of significance. Other current and future development/redevelopment  projects in the region would similarly be required to adhere to standards and practices that  include stringent geologic and soil‐related hazard mitigations. As such, the proposed plan, in  conjunction with other projects, would not have a cumulatively significant impact associated  with soil‐related hazards.  Unique Geological Feature and Paleontological Resources  The geographic scope of the cumulative unique geologic resources and paleontological  resources analysis is the plan area and its immediate vicinity. Geologic resources and  paleontological resource impacts tend to be localized, because the integrity of any given  resource depends on what occurs only in the immediate vicinity around that resource, such  as disruption of soils.   Construction activities associated with development of cumulative projects in within the  vicinity of the plan area may have the potential to encounter undiscovered geologic  resources and paleontological resources. These cumulative projects would be required to  mitigate for impacts through compliance with applicable federal and State laws governing  geologic resources and paleontological resources, as well as MM GEO‐6, which requires  construction monitoring and, if required, data recovery, would reduce potential impacts to  unique geologic resources and paleontological resources to below a level of significance. The  likelihood that geologic resources and paleontological resources are present on the  cumulative project sites is relatively low, given that the majority of soil disturbance  associated with these projects will take place within Holocene soils too young to be  fossiliferous. Although there is the possibility that previously undiscovered resources could  be encountered by subsurface earthwork activities, the implementation of standard  construction mitigation measures would ensure that undiscovered geologic and  paleontological resources are not adversely affected by cumulative project‐related  construction activities, which would prevent the destruction or degradation of potentially  City of Pleasant Hill—Oak Park Properties Specific Plan   Final EIR Errata      FirstCarbon Solutions 3‐49  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  significant cultural resources in the vicinity of the plan area. Given the low potential for  disruption and the comprehensiveness of mitigation measures that would apply to the  cumulative projects in the vicinity, the proposed plan, in conjunction with other planned and  approved projects, would result in a less than significant with mitigation cumulative impact  related to unique geologic and paleontological resources.  Level of Cumulative Significance  Less Than Significant with Mitigation (Civic Project and Residential Project)  Section 3.8—Hydrology and Water Quality   Page 3.8‐1, 3.8.1—Introduction  In response to EDMUD‐5, the following bullet been revised:   East Bay Municipal Utilities District (EMBUD) request that: EBMUD Policy 7.01  procedure 710 is followed: with respect to site assessment for drainage, grading,  fencing, and construction access; EBMUD Policy 7.01 and Procedure 718 (including  EBMUD’s Procedure 718 Supplement) are required to be followed for any and all  construction activities related to the potential future pedestrian bridge;    Page 3.8‐34, Paragraph 2  To correct a typographical error in the Draft EIR, the following paragraph has been revised:  Both project sites are located within the Ygnacio Valley Groundwater Basin, and neither has  potential for groundwater recharge due to poorly drained soils and shallow groundwater levels.  In addition, the Contra Costa Water District (CCWD) would provide potable water to both  project sites. The CCWD does not use groundwater as a water source, and as a result, neither  the Civic Project nor the Residential Project would not conflict with or obstruct a sustainable  groundwater management plan. Therefore, operational impacts related to water quality control  plan or groundwater management plan consistency would be less than significant.  Page 3.8‐34, Paragraph 3  In response to FC DISTRICT‐7, the following paragraph has been revised:  Hydrology  Cumulative impacts related to hydrology and water quality typically occur within a defined  watershed. All properties on the cumulative projects listed in Chapter 3, Environmental  Impact Analysis, Table 3‐1, Cumulative Projects, are located within the Walnut Creek  Watershed which eventually drains into Suisun Bay and ultimately into the Pacific Ocean. All  cumulative projects, including the Residential Project and Civic Project, would be required to  comply with the CCCWP and Pleasant Hill 2003 General Plan policies, which prevent a  project from increasing off‐site surface water flow from existing conditions and ensure that  projects adhere to BMPs during construction to prevent pollutants from being carried off‐ site. In addition, future developments within Drainage Area 46 (including the cumulative  projects) would be subject to a drainage fee in accordance with Flood Control Ordinance  City of Pleasant Hill—Oak Park Properties Specific Plan   Errata Final EIR      3‐50 FirstCarbon Solutions  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  Number 2002‐43 for DA 46. All building permits or subdivision maps filed in this area are  subject to Flood Control Ordinance Number 2002‐43. Effective January 1, 2019, the current  fee in this drainage area is $0.82 per square foot of newly created impervious surface. The  City should collect the fees during the development process prior to the issuance of building  permits or the recordation of the final maps. These fees would contribute to funding the  maintenance of drainage facilities within Drainage Area 46. The combination of these  policies and BMPs would prevent significant cumulative impacts to hydrology. Thus, there  would be a less than significant cumulative impact related to hydrology.   Section 3.10—Noise  Page 3.10‐9, Existing Noise Levels (Ambient Noise)  To correct a typographical error in the Draft EIR, the following impact statement has been revised:  Ambient Noise  The existing noise environment in the vicinity of the plan area was documented through a  noise monitoring effort performed by FCS in July 2018. Noise monitoring locations are  shown in Exhibit 3.10‐1, and the noise measurement data sheets are contained in Appendix I  H. A total of three short‐term noise measurements were taken.  Section 3.14—Transportation  In response to PROSEK.2‐1 and YAPP‐24, the following paragraph has been revised:  Page 3.14‐52, Paragraph 3   The Pleasant Hill Senior Center typically has scheduled activities from 8:00 a.m. to 9:00 a.m. 9:00  a.m. to 3:00 p.m. most days, with some later evening activities on Fridays. Activities on Saturday  and Sunday are minimal. Parking for the Senior Center is shared with the Pleasant Hill Park, with  a supply of approximately 140 shared spaces. Additional parking is available on the east side of  Pleasant Hill Park, at the Teen Center, as well as on Cleaveland Road and Gregory Lane.  Section 3.15—Utilities   Page 3.15‐32, Impact UTIL‐3 (Impact Statement)  To correct a typographical error in the Draft EIR, the following impact statement has been revised:  Wastewater Treatment Capacity  Impact UTIL‐3:  The proposed plan would not result in a determination by the wastewater  treatment provider which serves or may serve the plan area that it has adequate  inadequate capacity to serve the proposed plan’s projected demand in addition to  the provider’s existing commitments.  City of Pleasant Hill—Oak Park Properties Specific Plan   Final EIR Errata      FirstCarbon Solutions 3‐51  Y:\Publications\Client (PN‐JN)\4282\42820009\EIR\7 ‐ Draft FEIR\42820009 Sec03‐00 Errata.docx  Appendix D—Biological Resources Supporting Information  Page 5  In response to HARRIS‐2, the following table been revised:  Table 2: Special‐status Wildlife Species Potentially Occurring within the Project  Code Designations  1 Federal Status: 2015 USFWS Listing 2 State Status: 2015 CDFW Listing  ESU  =  Evolutionary Significant Unit is a distinctive  population.  FE  =  Listed as endangered under the FESA.  FT  =  Listed as threatened under the FESA.  FC  =  Candidate for listing (threatened or endangered)  under FESA.  FD  =  Delisted in accordance with the FESA.  FPD  =  Federally Proposed to be Delisted.  MBTA  =  protected by the Migratory Bird Treaty Act  —  =  Not federally listed  SE  =  Listed as endangered under the CESA.  ST  =  Listed as threatened under the CESA.  SSC =  Species of Special Concern as identified by the CDFW.  FP  =  Listed as fully protected under FGC.  CFG =  FGC =protected by FGC 3503.5  CR  =  Rare in California.  CT  =  California Threatened.  —  =  Not state listed  3 Habitat description: Habitat description adapted from CNDDB (CDFW 2015a).    Appendix J—Transportation Impact Assessment  In response to PROSEK.2‐1 and YAPP‐24, the following paragraph has been revised:  Page 42, Paragraph 3   Detailed information relating to the construction schedule during site development or a  construction management plan was being developed at the time this analysis was prepared,  although some preliminary information was available. Based on the preliminary information,  the existing library would be taken out of service in the first phase of construction with a  temporary, limited‐service library planned at the Senior Center at 233 Gregory Lane. The  Storytime program would be held at the Teen Center, located at 147 Gregory Lane, during  the construction period; if that space is not available then it would be held at the Senior  Center. The Pleasant Hill Senior Center typically has scheduled activities from 8:00 a.m. to  9:00 a.m. 9:00 a.m. to 3:00 p.m. most days, with some later evening activities on Fridays.  Activities on Saturday and Sunday are minimal. Parking for the Senior Center is shared with  the Pleasant Hill Park. This parking facility can often experience limited parking supplies,  particularly during the mid‐day time period coinciding with activities at the Senior Center,  and on weekends when parking demand from park activities is high. The addition of parking  demand from temporary library uses could result in parking shortages in the Senior Center  parking lot.    THIS PAGE INTENTIONALLY LEFT BLANK OAK PARK PROPERTIES SPECIFIC PLAN PUBLIC REVIEW DRAFT January 2020 Exhibit A This page intentionally left blank. TABLE OF CONTENTS | iOAK PARK PROPERTIES SPECIFIC PLAN Chapter 1 Executive Summary .......................................................................................................................1 Chapter 2 Introduction ....................................................................................................................................3 2.1 Planning Context ....................................................................................................................................3 2.2 Property Ownership ................................................................................................................................4 2.3 Site History .............................................................................................................................................5 2.4 Existing Site Conditions ..........................................................................................................................6 2.5 Surrounding Land Uses ..........................................................................................................................8 2.6 Purpose of the Specifi c Plan ..................................................................................................................8 Chapter 3 Land Use .......................................................................................................................................11 3.1 General Plan Land Use Designations ....................................................................................................11 3.2 Zoning Designations ...............................................................................................................................11 3.3 Overall Site Area Development Vision ....................................................................................................13 3.4 Planning Area Adjustments.....................................................................................................................23 3.5 Permitted and Conditionally Permitted Uses ..........................................................................................23 Chapter 4 Circulation ......................................................................................................................................25 4.1 Introduction .............................................................................................................................................25 4.2 Circulation Elements: Civic Project.........................................................................................................25 4.3 Circulation Elements: Residential Project...............................................................................................28 Chapter 5 Infrastructure and Public Services .................................................................................................35 5.1 Introduction ............................................................................................................................................35 5.2 Infrastructure .........................................................................................................................................35 5.3 Infrastructure: Civic Project ......................................................................................................................35 5.4 Infrastructure: Residential Project ...........................................................................................................37 5.5 Additional Public Services .....................................................................................................................42 5.6 Additional Public Services: Civic Project .................................................................................................42 5.7 Additional Public Services: Residential Project .......................................................................................42 Chapter 6 Development Standards ................................................................................................................45 6.1 Introduction .............................................................................................................................................45 6.2 Development Regulations ......................................................................................................................45 TABLE OF CONTENTS OAK PARK PROPERTIES SPECIFIC PLANii | TABLE OF CONTENTS/ LIST OF FIGURES Chapter 2 Introduction Figure 2.1: Regional Site Context Map..........................................................................................................3 Figure 2.2: Specifi c Plan Area Local Context Map ........................................................................................4 Figure 2.3: Property Ownership.....................................................................................................................5 Figure 2.4: Existing Conditions ......................................................................................................................7 Chapter 3 Land Use Figure 3.1: Existing and Proposed Land Use Exhibit ....................................................................................12 Figure 3.2: Existing and Proposed Zoning Exhibit.........................................................................................12 Figure 3.3: Propsed Ownership Map .............................................................................................................14 Figure 3.4: Illustrative Plan ............................................................................................................................15 Figure 3.5a: View of Proposed Library from Oak Park Boulevard .................................................................16 Figure 3.5b: View of Proposed Library from Monticello Avenue ....................................................................17 Figure 3.5c: View of Proposed Library from Monticello Avenue ....................................................................17 Figure 3.6: Park Site Plan..............................................................................................................................18 Figure 3.7: Residential Illustrative Plan .........................................................................................................20 Figure 3.8: Residential Architectural Character - Streetscape.......................................................................21 Figure 3.9: Residential Architectural Character - Streetscape.......................................................................21 Figure 3.10: Residential Park Concept - Illustrative ......................................................................................22 LIST OF FIGURES 6.3 Development Regulations: Library .........................................................................................................46 6.4 Development Regulations: Park ............................................................................................................47 6.5 Development Regulations: Residential.....................................................................................................48 Chapter 7 Implementation ..............................................................................................................................53 7.1 Applicability .............................................................................................................................................53 7.2 Plan Administration .................................................................................................................................53 7.3 Enforcement ...........................................................................................................................................53 7.4 Specifi c Plan Modifi cations and Amendments ........................................................................................54 7.5 Phasing...................................................................................................................................................54 7.6 CEQA Compliance and Mitigation Monitoring ........................................................................................54 7.7 Financing Mechanism.............................................................................................................................54 APPENDIX .....................................................................................................................................................57 Relationship to General Plan and other Relevant Documents .......................................................................57 OAK PARK PROPERTIES SPECIFIC PLAN LIST OF TABLES | iii LIST OF TABLES Chapter 3 Land Use Table 3.1: Land Use Regulations ..................................................................................................................24 Chapter 5 Infrastructure and Public Services Table 5.1: OPPSP Student Generation Rates/DU & Students Generated ....................................................43 Chapter 6 Development Standards Table 6.1: Development Standards: Library ..................................................................................................46 Table 6.2: Development Standards: Park ......................................................................................................47 Table 6.3: Development Standards: Residential............................................................................................49 Table 6.4: Development Standards: Residential: Parking ...............................................................................51 APPENDIX Consistency With PoliciesTable ......................................................................................................................58 Chapter 4 Circulation Figure 4.1: Circulation Elements: Civic Project .............................................................................................26 Figure 4.2: Monticello Avenue .......................................................................................................................27 Figure 4.3: Circulation Elements: Residential Project ..................................................................................29 Figure 4.4: Residential Street 1 .....................................................................................................................30 Figure 4.5: Residential Street 2 .....................................................................................................................31 Figure 4.6: Residential Lane..........................................................................................................................32 Chapter 5 Infrastructure and Public Services Figure 5.1: Water Plan Exhibit .......................................................................................................................38 Figure 5.2: Storm Drain Plan Exhibit .............................................................................................................39 Figure 5.3: Sewer Plan Exhibit ......................................................................................................................40 Figure 5.4: Joint Trench Plan Exhibit .............................................................................................................41 Chapter 6 Development Standards Figure 6.1: Development Regulation Areas ...................................................................................................45 Figure 6.2: Residential Setback Diagram ......................................................................................................50 Figure 6.3: Parking and Loading Development Standards Diagrams: Residential .......................................51 This page intentionally left blank. 1 - EXECUTIVE SUMMARY | 1OAK PARK PROPERTIES SPECIFIC PLAN CHAPTER 1 - EXECUTIVE SUMMARY The Oak Park Properties Specifi c Plan (OPPSP) planning area is located in the City of Pleasant Hill in Contra Costa County. The OPPSP is a comprehensive planning document that will guide future development for the approximately 16.60 acre specifi c plan area. The proposed plan will lay the regulatory framework for development of the parcels within the planning area. The Specifi c Plan will include three separate areas that have diff erent land use designations as summarized below (note: the portion of the creek area and the small parking lot to the north of the park land use designation will remain unchanged):: Semi-Public and Institutional Use The Semi-Public and Institutional land use designation is intended to accommodate semi-public and institutional uses such as libraries, City offi ces, fi re stations, churches and hospitals. Parks Use The Parks land use designation is intended to accommodate uses such as parks, multipurpose trails, tot-lots, passive and active recreational amenities such as ball fi elds, courts, and picnic facilities. The designation also includes privately or publicly owned property to be retained for open space purposes such as resource management, storm water management and environmental mitigation. The Parks land use may also contain civic or community uses such as a community plaza and community gardens. Multi-Family Very Low Density Residential Use The Residential Project land use designation is Multi-Family Very Low Density Residential use. This designation is intended to accommodate compact, small lot residential development on a portion of the County-owned property. The allowable density range is 7-11.9 dwelling units to the acre (du/ac). Residential housing types generally associated with such densities include small lot single family housing, duplexes, triplexes and townhomes. The Specifi c Plan consists of two projects (the Civic Project and the Residential Project) as noted below. The Specifi c Plan development program and related infrastructure improvements are summarized below for each of the projects included in the OPPSP: The Civic Project includes the following components: • Redevelop the site of the former Oak Park Elementary School, which ceased operation in 1976. The buildings were utilized by a series of non-profi ts until 2008; all buildings and hardscape were demolished in 2009; • Develop a new City library and associated parking lot; • Modify existing fl oodplain drainage system with detention basins; • Upgrade three existing outfalls to Grayson Creek (Grayson Creek Outfalls Project); • Create a new pedestrian trail immediately west of the Grayson Creek Corridor; • Develop a new park with athletic fi elds and associated restroom/storage facilities and parking area; • Redesign and improve Monticello Avenue (between Oak Park Boulevard and Santa Barbara Road) to provide one lane in each direction, roadway utility improvements, bicycle lanes, sidewalks, street lights, and landscape improvements; and • Widen and improve Oak Park Boulevard (between the East Bay Municipal Utility District (EBMUD) trail right-of-way and the western plan area boundary) to include new turn pockets, roadway utility improvements, landscaping, street lights, and upgraded sidewalks on the north side of the street as well as upgrade the traffi c signal at the Oak Park Boulevard/ Monticello Avenue intersection. • Construct a potential future pre-cast pedestrian bridge across Grayson Creek, connecting the EBMUD trail to the proposed pedestrian trail on the Civic Project site. The bridge may be constructed once funding is secured. The Residential Project would consist of the following components: • Construction of approximately thirty-four single family residential units with seven attached accessory dwelling units. • Develop a new pocket park along the northwest corner of the property. 2 - INTRODUCTION | 3OAK PARK PROPERTIES SPECIFIC PLAN CHAPTER 2 - INTRODUCTION 2.1 Planning Context The Oak Park Properties Specifi c Plan (OPPSP) includes approximately 16.60 acres of properties located in the City of Pleasant Hill, in Contra Costa County as shown in Figure 2.1 Regional Site Context Map. More specifi cally, the OPPSP Area is located between Oak Park Boulevard to the South, Pleasant Hill Middle School to the north, the East Bay Municipal Utility District (EBMUD) right of way to SAN FRANCISCO SAN RAFAEL PLEASANT HILL FREMONT HAYWARD OAKLAND BERKELEY WALNUT CREEK CONCORD PACIFIC OCEAN SAN F RANC I SCO BA Y the east, and the Contra Costa County Offi ce of Education administrative center to the west as detailed in Figure 2.2, Specifi c Plan Area Local Context Map. Figure 2.1 : Regional Site Context Map 4 | CHAPTER 2 - INTRODUCTION OAK PARK PROPERTIES SPECIFIC PLAN Figure 2.2 : Specifi c Plan Area Local Context Map 0RQWLFHOOR$YH0RQWLFHOOR$YH6DIHZD\6DIHZD\(%08'7UDLO(%08'7UDLO*UD\VRQ&UHHN*UD\VRQ&UHHN6 D Q W D  % D U E D U D  5 R D G 6 D Q W D  % D U E D U D  5 R D G3DWWHUVRQ%OYG3DWWHUVRQ%OYG3OHDVDQW+LOO3OHDVDQW+LOO 0LGGOH6FKRRO0LGGOH6FKRRO3OHDVDQW2DNV3OHDVDQW2DNV 3DUN3DUN 0RQWH&UHVWH$YH0RQWH&UHVWH$YH2DN3DUN%RXO H Y D U G 2DN3DUN % R X O H Y D U G 0 400 800 1600 2.2 Property Ownership The 16.60 acre plan area primarily consists of three properties, a portion of the Grayson Creek Corridor and segments of Oak Park Boulevard and Monticello Avenue. Contra Costa County currently owns (or has property rights) to the parcels that comprise approximately 15 acres of the Plan Area. 1700 Oak Park Boulevard is an approximately 10-acre property. Contra Costa County owns approximately 8-acres (APN-149-230-005) in fee title, and Mt. Diablo Unifi ed School District (MDUSD) owns fee title to the remaining 2 acres (149-230-008) over which the County owns an access easement. The 2-acre access easement includes a creek spanning the eastern side of the Specifi c Plan Area. 1750 Oak Park Boulevard is a 4.8-acre (149-271-014) parcel owned by the Contra Costa County. The site is currently home to the Pleasant Hill Community Library and the former County Library Administration Building. Both structures are subject to extreme levels of deferred maintenance. The structures would be demolished under this Specifi c Plan. In addition to the above parcels a MSUSD owned parking lot, along the northern portion of Monticello Avenue, and portions of Oak Park Boulevard fronting the Specfi c Plan Area are included in the plan area. The existing ownerships are indicated in Figure 2.3 2 - INTRODUCTION | 5OAK PARK PROPERTIES SPECIFIC PLAN 2.3 Site History 1700 Oak Park Boulevard was once used primarily for agricultural and grazing uses. In 1954, the MDUSD acquired the property and shortly there-after the Oak Park Elementary School was constructed and opened in 1955, along with the Pleasant Hill High School on the parcel immediately north. In the 1970’s, due to the changing demographics and declining enrollment trends, the MDUSD determined an elementary school was no longer warranted for the area. In 1981, Contra Costa County acquired the 1700 Oak Park Boulevard (8 acres in fee title, and 2 acres by easement) property through a land swap with the Contra Costa County Offi ce of Education with the intent of establishing a Central County Courts complex. The Courts Complex was eventually determined to be infeasible, resulting in the property being deemed surplus to County needs. In the early 1990’s, a Joint Planning Program was initiated with a goal to develop a cohesive development concept for the reuse of the County holdings plus the high school site of the School District. The participants in this joint eff ort included a collaboration between the City of Pleasant Hill (City), the Pleasant Hill Recreation and Park District (Park District), the School District, and the County. As a result of this multi-agency collaboration, conceptual plans were developed in hopes of taking the underutilized land and eff ectively developing the site. Soon after, the School District determined that the area should retain the former Pleasant Hill High School Site. Figure 2.3 : Property Ownership 2$.3$5.2$.3$5. %28/(9$5'%28/(9$5' 2$.3$5.2$.3$5. %28/(9$5'%28/(9$5' 0 100 200 400 6DQWD%DUEDUD5RDG6DQWD%DUEDUD5RDG 0RQWH&UHVWH$YH0RQWH&UHVWH$YH2DN3DUN%RXOHYDUG 2DN3DUN% R X O H Y D U G 0RQWLFHOOR$YH0RQWLFHOOR$YHContra Costa County MDUSD City of Pleasant Hill Oak Park Properties Specifi c Plan Boundary 6 | CHAPTER 2 - INTRODUCTION OAK PARK PROPERTIES SPECIFIC PLAN Not long after, the County and the City of Pleasant Hill undertook a joint planning eff ort to develop a plan to reposition the site as a commercial or multi-family development that could be subject to a ground lease. During this joint planning eff ort, it was determined the site was undersized for commercial uses, and the City indicated that a single-family residential use in the 12-14 units per acre range would be preferred, which was inconsistent with the notion of leasing the property. The City of Pleasant Hill asked the County to delay the plans for disposition of the property while the City completed an analysis of its fl ood control needs, including the potential opportunity to use 1700 Oak Park Boulevard as a possible detention base site. In 1993 the United States Army Corps of Engineers released its Feasibility Study that concluded the idea of utilizing the site as a detention basin does not meet federal funding criteria. In 2003 the City and County Flood Control District agreed to jointly fund a new Feasibility Study. The draft study was completed in 2013 and the United States Army Corps of Engineers Feasibility Study concluded again that a $17-$47 million project did not meet the federal funding criteria. In addition, the City and the County Flood Control District Task Force acknowledged that a regional fl ood protection project with a detention basin was not feasible, and redirected its eff orts to identifying smaller local projects. In 2009 the elementary school was demolished and in 2014, the City of Pleasant Hill established a Library Task Force to evaluate the feasibility of constructing a new community library to replace the old library. After evaluating the needs, site alternatives, and fi nancing options, the process concluded with the selection of the site for the location of the new Pleasant Hill Library. A November 2016 voter approved funding measure allowed for the City to proceed with the site selection and the design process soon started. 1750 Oak Park Boulevard was primarily undeveloped prior to the County’s acquisition and construction of the “County Central Library” in 1961. The library building and the contiguous Library Administration building have a signifi cant deferred maintenance requirement rendering renovation infeasible. The library administration function has already been relocated, and the library is being replaced as described above at 1700 Oak Park Boulevard. This provides an opportunity for redevelopment of the site. 2.4 Existing Site Conditions The existing parcels within the Oak Park Specifi c Plan area will be developed as envisioned in this plan. The 1700 Oak Park Boulevard parcel is currently undeveloped. The development on the parcel will provide an adequate setback from Grayson Creek as per the City of Pleasant Hill’s Creekside developments standards. Within the parcel are two easements. A ten foot wide sewer easement is located along the eastern edge parallel to the creek and a ten foot wide irrigation easement runs through the center of 1 2 3 2 - INTRODUCTION | 7OAK PARK PROPERTIES SPECIFIC PLAN 0 100 200 400 Easements Grayson Creek 100-year Floodplain 500-year Floodplain ¶,UULJDWLRQ(DVHPHQW¶,UULJDWLRQ(DVHPHQW ¶8WLOLW\(DVHPHQW¶8WLOLW\(DVHPHQW ¶6HZHU(DVHPHQW¶6HZHU(DVHPHQW 6DQWD%DUEDUD5RDG6DQWD%DUEDUD5RDG 0RQWH&UHVWH$YH0RQWH&UHVWH$YH2DN3DUN % R X O H Y D U G 2DN3DUN % R X O H Y D U G0RQWLFHOOR$YH0RQWLFHOOR$YH*UD\VRQ&UHHN*UD\VRQ&UHHNFigure 2.4 : Existing Conditions 4 5 1 2 3 4 5 8 | CHAPTER 2 - INTRODUCTION OAK PARK PROPERTIES SPECIFIC PLAN the site. The irrigation easement will be abandoned while the sanitary easement will be accommodated within the development footprint. The existing library and the offi ce building is located at 1750 Oak Park Boulevard. The buildings will be demolished and the area regraded to accommodate the proposed redevelopment of the property. Both parcels also have a six foot wide Public Utility easement along the Oak Park Boulevard street frontage. Monticello Avenue, which bifurcates the site, is not fully developed. It has curb and gutter and sidewalks on the southbound side and is undeveloped on the northbound, and is currently undedicated as a public right-of-way. A portion of the plan area is also within the fl oodplain limits of Grayson Creek and is also aff ected by fl oodwaters from Murderer’s Creek. 2.5 Surrounding Land Uses The area surrounding the site is developed with a mix of land uses typical of an urban setting and contains commercial and professional offi ce, single-family residential, school, open space, and public park uses. Development to the west of the plan area, across Monte Cresta Avenue, consists of a mix of uses including apartment buildings, offi ce space, and commercial retail. To the north of the plan area are single-family homes, the Prospect Alternative High School, the Pleasant Hill Adult Education Center, the Pleasant Hill Middle School, and the Pleasant Oaks Park consisting of fi ve softball/baseball fi elds and a surface parking lot. The Grayson Creek Corridor and the EBMUD aqueduct corridor generally defi ne the site boundary to the east. The Grayson Creek Corridor is approximately 30 feet wide and runs the length of the project site with vegetation consisting of trees, shrubs, and grasses. The EBMUD aqueduct corridor also runs the length of the project site and contains three major water transmission lines, ranging from 65 to 88 inches in diameter. An 88-inch pipe is located closest to Grayson Creek with the pipe’s centerline approximately 35 feet east of the EBMUD 100-foot right- of-way line. An existing multi-use trail (located within an EBMUD-owned utility easement) is located immediately east of Grayson Creek. Across the trail further to the east, the surrounding land uses include single-family homes, a senior living community operated by Aegis of Pleasant Hill, and a Mobil gas station. The project site is bounded on the south by Oak Park Boulevard, and land uses further south of Oak Park Boulevard consist of single-family neighborhoods. 2.6 Purpose of the Specifi c Plan California Government Code (Title 7, Division 1, Chapter 3, Article 8, and Sections 65450 through 65457) provides the authority for a city to adopt a specific plan by ordinance (as a regulatory plan) or resolution (as a policy driven plan). The Oak Park Properties Specifi c Plan (OPPSP) is both a regulatory and policy document, and therefore must be adopted by ordinance. The OPPSP will act as a tool to both encourage and guide development within the plan area. The OPPSP provides a strong planning vision for the area, including a mix of land uses, development regulations, and design guidelines. In addition, the plan identifi es infrastructure improvements and an implementation plan to carry out the vision of the specifi c plan. California Government Code (Section 65450) states that planning agencies may prepare specific plans for the systematic implementation of the General Plan for all or part of the area covered by the General Plan. A specific plan shall include text and diagrams which specify all of the following in detail: • The distribution, location, and extent of the uses of the land within the area covered by the plan • The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, dry utilities, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan • Standards and criteria by which development will proceed, including development standards, design guidelines and a phasing program • A program of implementation measures including regu- lations, programs, public works projects, and financing measures necessary to carry out the plan • A statement of the relationship of the specific plan to the General Plan The OPPSP has been prepared in accordance with the requirements of the California Government Code, Sections 65450-65457 to provide policy direction and development regulations for future development within the plan area. The OPPSP establishes the general type, parameters and character of the development in order to ensure an integrated and compact development that is compatible with the surrounding area. Proximity to existing parks, school, transit, trails, major roads and major streets makes 2 - INTRODUCTION | 9OAK PARK PROPERTIES SPECIFIC PLAN the OPPSP an ideal opportunity for the expansion of types and intensities of uses that support the City’s goals for the area. The Specifi c Plan has the following objective for implementation of the two projects: Civic Project: Library Component: • To develop a new state of the art community library that serves the citizens of the City of Pleasant Hill and the vicinity well into the future; and • To support multi-generational learning and a variety of learning styles as well as overall literacy with the community; Roadway, Trail, Creek and Floodplain Improvements Component: • To provide vehicular and non-vehicular infrastructure and improvements to facilitate a safe circulation network that balances the overall needs of vehicles, bicycles and pedestrians in the area; and • To enhance stormwater capacity, conveyance and detention within the existing fl oodplain and protect the proposed new library building from fl ooding by increasing its site elevation; Park Component: • To enhance recreation and park facilities for the City of Pleasanton Hill residents; • To create new fi elds to support local youth league and provide positive out- of- school time youth activities; • To provide opportunities for adults to improve their health and wellness through active sports opportunities; • To increase fi eld time available for sports leagues by extending usable playing time; • To off er a community-gathering place via a park that provides active and passive spaces; • To improve drop-off /pick-up access to Pleasant Hill Middle School through the modifi cation of the parking lot north of the project; and • To meet the recreation service demand established in the Contra Costa Local Agency Formation Commission Municipal Service Review: Parks and Recreation and Cemetery Services. (April 2010) Residential Project: • To maximize infi ll development on underutilized properties served by public transit; • To provide housing opportunities within the City of Pleasant Hill; and • To provide new housing proximate to public services such as schools, parks and other community facilities in order to reduce vehicle trips. This page intentionally left blank. 3 - LAND USE | 11OAK PARK PROPERTIES SPECIFIC PLAN CHAPTER 3 - LAND USE The Oak Park Properties Specifi c Plan (OPPSP) establishes the general type, parameters and character of the land use program in order to achieve an integrated and compact development that is compatible with the surrounding area. The Specifi c Plan’s proximity to existing parks, school, transit, trails, major roads and major streets makes the OPPSP an ideal opportunity for the expansion of types and intensities of uses that support the City’s goals for the area. In order to achieve a coherent development pattern, individual land use designations are established within the plan area to achieve the desired mix and intensity of uses that achieves the Plan’s primary objectives and supports the development of a mixed use community that seamlessly integrates with and strengthens the existing context. 3.1 General Plan Land Use Designations: Existing General Plan Land Use The existing General Plan land use designations for the Specifi c Plan Area are Semi-Public and Institutional to the west of Monticello Avenue, Mixed-Use, School (portion north of the Mixed Use area), and Semi-Public (creek area) to the east of Monticello Avenue. The Semi-Public and Institutional designation generally includes utility facilities and easements, libraries, City offi ces, fi re stations, churches, and hospitals. The Mixed-Use designation generally includes residential, retail, commercial, offi ce and/or public uses with fl exible parking and setback requirements. The School designation generally includes schools, day care facilities, and commercial and educational athletic facilities, The land use classifi cation for the site west of Monticello will is modifi ed as part of a General Plan Amendment to be consistent with the OPPSP land use categories. Proposed General Plan Land Use The parcels west of Monticello will be designated as Multi- Family Very Low Density while the remaining areas will retain their existing land use designation. The existing and the proposed General Plan Land Uses are illustrated on Figure 3.1. Each Land Use Category and the intended uses are described in more detail, below. The designation and subsequent requirements are codifi ed in Pleasant Hill Municipal Code (PHMC) Section 18.20.010(B)(9) (PUD residential planned unit development), Section 18.30.010 (Specifi c Purposes), and Section 18.30.050 (Concept Plan). Multi-Family Very Low Density: This land use designation is intended to accommodate compact, small lot residential development. The allowable density range is 7-11.9 du/ac. Residential housing types generally associated with such densities include duplexes, townhouses, and small-lot single-family homes. Park: This land use designation allows existing and proposed parkland, both developed and undeveloped. This includes for a variety of recreational uses such as parks, multipurpose trails, tot lots, and passive and active recreational amenities such as ball fi elds, courts, and picnic facilities. The Parks land use may also contain civic or community uses such as community plazas and community gardens. Mixed Use: This land use designation allows for multiple uses combining residential with retail, commercial, offi ce and/or public uses with fl exible parking and setback requirements. Individual Mixed Use projects are not expected to contain any specifi c combination of these uses, and the development potential of Mixed Use sites is determined through project review under the provisions of the Planned Unit Development (PUD) Zoning District. The acreages of the anticipated land uses are as follows: • Multi-Family Very Low Density (residential): +/- 4.65 acres • Park: +/- 0.34 acres • Mixed Use: +/- 8.63 acres • School: +/- 0.86 acres 3.2 Zoning Designations: Existing Zoning The Specifi c Plan Area includes the following existing zoning districts: • Single-Family - 10,000 sq. ft. lots (R10) • Planned Unit District (PUD 410) Pursuant to PHMC Chapter 18.20, the R10 zoning district allows for a medium density single-family residential land use. The R10 zoning district allows for development densities from 3.1 to 4.5 units per net acre, with a minimum lot size of 10,000 square feet. Development within the R10 zoning district is also subject to building standards that ensure compatibility with surrounding land uses. 12 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN Figure 3.1: Existing and Proposed General Plan Land Use Exhibit (NTS) Figure 3.2: Existing and Proposed Zoning Exhibit (NTS) Legend: Existing General Plan N MIXED USE SEMI- PUBLIC & INSTITUTIONAL Existing Zoning N Proposed General Plan N MIXED USE MULTI- FAMILY VERY LOW DENSITY Legend:OTHER Proposed Zoning N PUD PLANNED UNIT DISTRICT OPPSP Area OPPSP Area PARK 3 - LAND USE | 13OAK PARK PROPERTIES SPECIFIC PLAN According to the Pleasant Hill Municipal Code, a PUD zoning district generally allows fl exibility in determining appropriate land uses within the plan area. A Specifi c Plan shall be created, which acts as the guiding document for development within the PUD plan area and ensures project- level conformity with applicable land use regulations, building standards, and architectural review requirements. PUD 410, a portion of which is occupied by the OPPSP, does not have development provisions, thus, development is to be consistent with the underlying General Plan Land Use Classifi cation, in this case Mixed Use and Semi-Public and Institutional. Proposed Zoning The Plan Area will be rezoned to a PUD zoning district. This Specifi c Plan will implement the PUD zoning for the Plan Area. Figure 3.2 illustrates the existing zoning and the proposed zoning for the Specifi c Plan area. The western portion of the Plan Area (where the existing library is located) is currently zoned R-10 (Residential Single Family, 10,000 square foot minimum lot size, 3.1 to 4.5 units per net acre). Under the Specifi c Plan, the western portion of the Plan Area (the Residential Project) is proposed to have a higher residential density than the existing residential zoning (approximately 9.3 units per net acre). The project residential density will comply with City General Plan and Zoning Ordinance provisions. Where the OPPSP and the City Zoning regulations conflict, the OPPSP policies shall apply. Where the OPPSP is silent, the City Zoning regulations shall apply. 3.3 Overall Site Area Development Vision It is the intent of the Specifi c Plan to create a unique multi- use district that provides signifi cant public amenities and complements the surrounding land uses. Figure 3.4 shows a conceptual rendering of a potential development scenario based on the Specifi c Plan development regulations. The Illustrative Plan is a conceptual plan that achieves project objectives and design principles delineated in the project’s development standards and design guidelines. Although there are a number of ways the land use program could be implemented at the site design level of detail, the rendering illustrates conceptually the scale, mass and character of the development that is allowed by the development regulations. The following Artist’s Conceptual Illustrative Plan is a representative illustration of the Specifi c Plan development vision within its surrounding context. Final street patterns and building locations shall be determined at the time of site and architectural review for the residential and park components and through the City Council’s review for the City library site. The parcels will be developed as two separate projects that promote walkability, sharing of resources and a cohesive character as shown in Figure 3.4. The Specifi c Plan includes an infrastructure plan that identifi es major improvements to Monticello Avenue so it will form the major gateway into and through the project. The library will be located to the east of Monticello Avenue along Oak Park Boulevard, allowing the building to create a strong urban design statement. Oak Park Boulevard will be widened on the north side, up to Monticello Avenue, to accommodate on-street bike lanes, and will include public sidewalks that will allow for pedestrian access to the library. The building will be appropriately set back from the creek. Landscape elements will extend along the creek edge along with trails that will integrate the development with its natural surroundings. The parking for the library will be located north of the building and will be shared with the recreational fi elds as part of the Civic Project. Approximately 135 parking spaces will be shared between the two uses. The recreational fi elds will be located to the north of the new library site bordering the MDUSD athletic tracks. Public sidewalks along Monticello will connect both uses to each other and to the surrounding uses. The existing MDUSD roundabout parking lot at the northwest corner of the proposed ballfi elds at the intersection of Monticello Avenue and Santa Barbara Road will be improved to accommodate approximately 30 parking spaces. The projects will be developed by diff erent project sponsors. A parcel map will be processed for conveyancing purposes. The following describes the proposed ownership, and depicted in Figure 3.3: • 1750 Oak Park Property (Proposed Residences): Ownership retained by the County. Post-entitlement the County intends to convey the property to a home builder (ownership for the pocket park would be transferred to the Pleasant Hill Recreation and Parks Department (RPD)); • 1700 Oak Park Property - Northern Portion (Proposed Park): ownership transfer from the County to the RPD; • 1700 Oak Park Property - Southern Portion (Proposed Library): ownership transfer from the County to the City; • Grayson Creek Corridor (Pleasant Hill Middle School Field to Oak Park Boulevard): ownership transfer from Mount Diablo Unifi ed School District (MDUSD) to the RPD and the City; 14 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN • Monticello Roundabout: MDUSD retains ownership of approximately 1/3 of the upper portion of roundabout and provides the RPD with agreement for access; • Monticello Avenue (Oak Park Boulevard to Monticello Roundabout): ownership transfer from the County to the City; • MDUSD Property in between new Monticello right-of- /(*(1' 352326('352-(&72:1(56+,3 63(&,),&3/$1%281'$5< &,7<2)3/($6$17+,// &2175$&267$&2817< 3/($6$17+,//5(&5($7,21 3$5.',675,&7 02817',$%/281,),('6&+22/',675,&7 0'86' 2$.3$5 .  % 2 8 / ( 9 $ 5 ' 2$.3$5 .  % 2 8 / ( 9 $ 5 ' 6$17$%$5%$5$52$'6$17$%$5%$5$52$'0217,&(//2$9(18(0217,&(//2$9(18(0217(&5(67$$9(18(0217(&5(67$$9(18(Figure 3.3: Proposed Ownership Map way and Residential Project: ownership transfer from the MDUSD to County; • Oak Park Boulevard (Monte Cresta Avenue to the EBMUD Trail): Retained by City, portion of County property to be transferred to City for road expansion. The detailed concepts for the two projects (Civic and the Residential) are described below: 3 - LAND USE | 15OAK PARK PROPERTIES SPECIFIC PLAN dramatic, simple roof, rising from the north (entrance) side of the building towards the south (Oak Park) side, where it projects over a large and continuous clerestory wall of windows and provides summer shade to the south side of the building. Three smaller pavilions are attached to the Oak Park side under the projecting roof. These provide smaller scaled forms to the building, and bridge the scale of the big roof to the smaller residential buildings across Oak Park Boulevard, while providing a visually interesting contrast in scale to the larger roof form. The simple and bold roof forms evoke the qualities of the singular, dramatic features of the local landscape such as Mouth Diablo, the simple bold forms of the agricultural heritage, and the prevalent Figure 3.4: Illustrative Plan . The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final street patterns, site and building location shall be determined at the time of site and architectural review. 3/$<$5($ ( (%08' 75$,/ %2&&(&28577<3 3/$=$ 5(675220 6725$*( 32&.(73$5. 3,&1,&$5($632576),(/'6 3$5.,1* /,0,72):25. 3/($6$17+,// /,%5$5<0217,&(//2$9(6$17$%$5%$5$5' 2$.3$5.%/9' *5$<621&5((. )8785( %5,'*( 3('(675,$1 75$,/ 3$5.,1* 6,1*/()$0,/< 5(6,'(17,$/ 3('(675,$1&211(&7,21 3('(675,$1&211(&7,21 3('(675,$1&211(&7,21 3/($6$17+,// 5(&5($7,21 3$5. 3.3.1 Civic Project: Library Design Concept Site Plan The new library is designed to be welcoming and community- centric building, providing a signature presence while sitting harmoniously with its surroundings. The building is fundamentally a rectangular form oriented lengthwise east- to-west, and positioned between the parking lot and ball fi elds to the north and Oak Park Boulevard to the south. The primary formal characteristic of the library is a large, 16 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN characteristics of much of the residential construction in the area. Visitors to the library will most often approach the library from the Oak Park Boulevard side, and then ride, drive, or walk around to the north side entrance. The entrance on the north side is marked by a counter-sloped roof element, rising upwards and projecting over the entrance plaza, providing for a dramatic and welcoming entrance. A large, airy space, with natural ventilation and copious natural lighting, forms the primary space of the library, supporting a collection of 72,000 resources while providing a multi- generational community space. Views to the Grayson Creek riparian area to the east, and to an enclosed outdoor activity garden space on the west, provide green “book ends” for this space. The pavilions on the south side of this space provide smaller scaled spaces for story telling, “maker” activities, and quiet reading. Colors and fi nishes for both the exterior and the interior were selected to have a timeless and enduring quality. Warm wood tones will compliment the exposed painted steel structure and lively colors will punctuate the space through-out with the use of graphics and furniture. The exterior fi nishes are subdued and harmonious with the immediate environment. Figure 3.5a: View of the Proposed Library from Oak Park Boulevard. The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final architectural details, building placements may be adjusted at the time of site and architectural review. The building form and construction details support passive heating and cooling strategies. Natural ventilation and strategic shading will allow the building to operate for many months of the year without cooling. This, combined with a radiant cooling strategy and a large roof to support solar panels, will result in a very energy-effi cient building. Landscape Plan The new Pleasant Hill Library is located in relation to the existing landscape of Grayson Creek as well as adjacent roads and sidewalks. Consideration of adjacent parcels, fl ooding, and the path of the sun helped shape the location selected. The proposed landscape design enhances the existing natural planted setting of the creek as well as responding to the diff erent functions and sun exposures on each side of the building. Arrival at the new Pleasant Hill Library is designed to be welcoming for pedestrians, cyclists, drivers, as the site is intended to be an outdoor destination even when the library is closed. Arriving in the parking lot guests are gathered in a triple row of trees along a promenade that directs people towards a single central entry. Small outdoor rooms created by the trees are furnished with seating and tables to allow for informal gathering, waiting, and outdoor work space. At 3 - LAND USE | 17OAK PARK PROPERTIES SPECIFIC PLAN Figure 3.5b: View of the Proposed Library from Monticello Avenue. The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final architectural details, building placements may be adjusted at the time of site and architectural review. Figure 3.5c: View of the Proposed Library from Monticello Avenue. The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final architectural details, building placements may be adjusted at the time of site and architectural review. 18 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN the main entry plaza a drop-off is provided for pick up and drop off by parents, caregivers, and ride share services. The parking lot is planted with large shade trees to mitigate the heat and visual expanse of pavement. Along the east edge of the library the existing creek, the proposed landscape provides a new rolling topography shaped to provide additional water storage for large fl ood events. Plantings have been selected to complement the existing riparian area and to extend the creek character of the plantings to a more signifi cant area that features a meandering trail near the creek. A future bridge to cross Grayson Creek is proposed as a potential link for the trail system that would better connect existing bike and pedestrian access to the library entry. Facing Oak Park Boulevard the new trees scale the library building façade and also compose views through the trees to this new civic building. The plantings together with the smaller building elements facing Oak Park Boulevard relate to the surrounding residential neighborhood in both character and scale. Figure 3.6: Park Site Plan . The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final street patterns, site and building location shall be determined at the time of site and architectural review. 3/$<$5($ ( (%08' 75$,/ %2&&(&28577<35(675220 6725$*( 3,&1,&$5($632576),(/'6 3$5.,1* 352326(' /270217,&(//2$9(%,25(7(17,21 3$5.,1* 3/($6$17+,// 5(&5($7,21 3$5. The library design was developed through a public process involving multiple town hall, stakeholder and focus group meetings guided by a Subcommittee of the City Council and a Library Steering Committee. The library is subject to review and approval by the City Council. The conceptual architectural and landscape plans for the library are provided for informational purposes only. 3.3.2 Civic Project: Park Design Concept The park would primarily be a complex for playing sports with facilities designed to support youth and adult baseball, softball, soccer, lacrosse, and bocce ball. The sports fi elds design includes fi eld lighting to provide opportunity for night activities. In addition, walking paths will be integrated to provide opportunities to meander through the park, along the creek corridor and connect with the library and Oak Park Boulevard. The park will be consistent with the design and focus of Pleasant Oaks Park located to the northwest of the property. 3 - LAND USE | 19OAK PARK PROPERTIES SPECIFIC PLAN The new park and athletic fi elds would be located directly north of the proposed library. The new park would consist of two approximately 40,000 square feet baseball/softball fi elds. Ballfi elds would include two dugouts and two bullpens per fi eld. A 54,000 square-foot soccer fi eld would overlay on the ballfi eld grass between the two diamonds, as shown in Figure 3.6. Landscape Plan The park property would be landscaped with a variety of plant species that refl ect local conditions and complement the overall design intent of Pleasant Oaks Park located to the northwest of the property. 3.3.3 Civic Project: Creek Edge Improvements The Civic Project includes improvements to the Grayson Creek Corridor portion of the Plan Area, from the western creek top-of-bank to the eastern property line of the Grayson creek Corridor (same as eastern project site boundary) that abuts the off -site EBMUD trail as shown in Figure 3.4. Creek corridor improvements include removal of dead trees, trees in poor health, invasive species, and trash. Existing mature native or climate-adapted trees within the top of bank setback would be reviewed by an arborist for health and preserved where possible. A pedestrian trail would be installed on the new library property that would extend from the proposed parking lot to the Grayson Creek Corridor portion of this property. The trail may connect to a new future pedestrian bridge spanning the creek providing direct access to the off -site EBMUD trail to the proposed library property if funding is available in the future. The new bridge could facilitate non-motorized access from and to the surrounding area, including downtown Pleasant Hill to the north. 3.3.4 Civic Project: Roadway Improvements Proposed roadway improvements to Oak Park Boulevard include widening, resurfacing, restriping, and upgrading the existing signalization. In addition, dedicated bike lanes would share the roadway. This segment of Oak Park Boulevard would be widened from the western project boundary to the eastern project boundary. The intersection at Oak Park Boulevard and Monticello Avenue would be improved with new turn lanes and signalization. A new left turn lane would allow vehicles to enter Monticello Avenue from the west. A new right turn lane would allow vehicles to enter Monticello Avenue from the east. In addition, a new left turn lane would allow vehicles to enter a day care facility to the south. Proposed roadway improvements to Monticello Avenue include complete reconstruction of the road and restriping to provide one dedicated northbound lane and one dedicated southbound lane. The southbound lane would terminate at Oak Park Boulevard with a shared left and right turn lane. In addition, dedicated bike lanes would share the roadway. The City would provide access to the library from Monticello Avenue via a single, shared driveway that would provide access to a 135-space parking lot that would be shared with users of the RPD athletic fi elds to the north. Upon entering the property and continuing south, vehicles could park or drop visitors off at a designated area near the library main entrance. The library would face the street frontages along Oak Park Boulevard, Monticello Avenue, and the Grayson Creek Corridor. No on-street parking is proposed. Improvements also include the Mount Diablo Unifi ed School District parking lot at the northwest corner of the proposed ballfi elds to accommodate approximately 30 parking spaces to be shared between the school and the ballfi elds 20 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN 3.3.5 Residential Project: Design Concept . The parcel to the west of Monticello Avenue will be developed with single family residences as part of the Residential Project. The development will consist of approximately thirty-four single family detached houses with seven accessory dwelling units. The homes will have a variety of fl oor plans and will have an architectural palette that builds on the history and distinct character of Pleasant Hill. Careful consideration is given to the site plan and layout of the residential development to promote walkability and reduce the impact and use of cars. The residential entry from Monticello Avenue is staggered from the library entry to avoid confl icts in traffi c movement and circulation. The residences will be accessed off the internal street or smaller lanes that serve not more than six homes. The smaller lanes are organized to allow for the homes to be clustered providing an intimate and less auto-centric community, while providing ample space for the volume of traffi c they will serve. As the residential development will be surrounded by streets or development, careful consideration has been given to how the homes respond to the surrounding context. The homes will back on to the adjoining property to the west with privacy fences. On the northern and southern edges of the property where the homes are adjacent to busy streets, the homes will back onto the street, but will have an landscape buff er/edge between the backyard fence and the public right-of way. The homes along Monticello Avenue will address the street frontage with porches and entries that are oriented towards Monticello Avenue. Depending on the fi nal grading plan, the homes along Monticello Avenue may be slightly elevated from the street level which will create visual interest along the street frontage. It is anticipated that some of the private streets within the area will provide direct pedestrian connections to Monticello Avenue allowing the residents to have easy access to the library and park facilities. Pedestrian access will also be provided to a public open space feature that would be developed in the northwest corner of the property. Figure 3.7: Residential Illustrative Plan The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final street patterns, site and building location shall be determined at the time of site and architectural review. HORIZONTALSLATFENCE,TYP. COMMUNITYENTRY PILASTER GATE, TYP. VIEW FENCE ONRETAINING WALL STREET TREESFLOWERINGACCENT TREES PEDESTRIAN GATEPROVIDING ACCESSTO PASSIVE PARK SMALL TREES INBIORETENTION PILASTER HORIZONTAL SLAT FENCE, TYP. HORIZONTALSLAT FENCE,TYP. PASSIVE PARK,SEE SHEET L-1.2 WALK WALK NCEPT STATEMENT HALL COMPLY WITH THE STATE OF CALIFORNIARDINANCE (TITLE 23 - DIVISION 2-CHAPTER 2.7)EFFICIENT LANDSCAPE STANDARDS. MATICALLY CONTROLLED BY AN ET IRRIGATIONOGRAMMING AND INDEPENDENT TIMING OFONTROLLER WILL HAVE A 24-HOUR CLOCK TOEAT CYCLES TO ADJUST FOR SOIL PERCOLATION PRIMARILY OF LOW VOLUME, LOW FLOWRIP IRRIGATION FOR SHRUBS ANDATION FOR TURF PLANTINGS. ATE VALVES ACCORDING TO SUN EXPOSURE ANDAPPLICATION BY HYDROZONE. THE IRRIGATIONAL EVAPO-TRANSPIRATION RATES. THE ENTIRENIGHTTIME HOURS WHEN IRRIGATION IS MOST HORIZONTALSLAT FENCE, TYP. NEIGHBORHOODLIGHTING  MODMODMODMODFASTSLOWSLOWFASTMODMODFASTFASTMODFASTMODSLOWFASTMODMODFASTMODMODFASTFASTMODFASTFASTMODSLOWMODFASTFASTMODFASTFASTFASTFASTMOD  3' x 5'2' x 2'2' x 2'18" x 18"2' x 2'3' x 5'3' x 3'12' x 6'18" x 18"12" x 24"3' x 3'4' x 5'4' x 5'1' x 3'30" x 30"2' x 2'18" x 36"2' x 2'3' x 3'6' x 6'4' x 4'4' x 4'2' x 2'3' x 3'8' x 8'30" x 36"2' x 2'3' x 3'2' x 2'4' x 6'3' x 3'12" x 36"4' x 4'1' x 2'4' x 4'3' x 3'3' x 4'3' x 3'  3' x 5'2' x 2'2' x 2'18" x 18"2' x 2'3' x 5'3' x 3'12' x 6'18" x 18"12" x 24"3' x 3'4' x 5'4' x 5'1' x 3'30" x 30"2' x 2'18" x 36"2' x 2'3' x 3'6' x 6'4' x 4'4' x 4'2' x 2'3' x 3'8' x 8'30" x 36"2' x 2'3' x 3'2' x 2'4' x 6'3' x 3'12" x 36"4' x 4'1' x 2'4' x 4'3' x 3'3' x 4'3' x 3' ACACIA COGNATTA 'COUSIN ITT'ACHILLEA SPP.ANIGOZANTHOS 'SPP.BOUTELOUA GRACILIS 'BLONDE AMBITION'CALAMAGROSTIS A. 'KARL FOERSTER'CALLISTEMON VIMINALIS 'LITTLE JOHN'CHONDROPETALUM TECTORUMDODONAEA V. 'PURPUREA'ERIGERON GLAUCUS 'SEA BREEZE'ERIOGONUM GRANDE RUBESCENSFESTUCA MAIREIGALVEZIA SPECIOSA 'FIRECRACKER'GREVILLEA X 'NOELLI'HELIANTHEMUM N. 'HENFIELD BRILLIANT'HELICTOTRICHON SEMPERVIRENSHESPERALOE PARVIFLORA 'SURPRISE BOUQUET'IRIS DOUGLASIANAJUNCUS PATENSLAVANDULA SPP.LAVATERA MARITIMALEONOTIS LEONURUSLOROPETALUM SPP.MIMULUS SPPMUHLENBERGIA CAPILLARISMYRTUS COMMUNISNEPETA FAASSENII 'WALKER'S LOW'PENSTEMON H. 'MARGARITA BOP'PHORMIUM SPP.PITTOSPORUM SPPRHAMNUS CALIFORNICA 'EVE CASE'SALVIA SPP.SCAEVOLA 'MAUVE CLUSTERS'SOLLYA HETEROPHYLLASTACHYS BYZANTINATEUCRIUM FRUTICANS 'AZUREUM'VERBENA LILACINA 'DE LA MINA'WESTRINGIA SPP.ZAUSCHNERIA C. 'SCHEIFFLIN'S CHOICE' COUSIN ITT ACACIAYARROWKANGAROO PAWBLUE GRAMAFEATHER REED GRASSDWARF BOTTLEBRUSHSMALL CAPE RUSHHOPSEED BUSHSEASIDE DAISYSAN MIGUEL ISLAND BUCKWHEATATLAS FESCUEISLAND SNAPDRAGONGREVILLEASUNROSEBLUE OAT GRASSRED YUCCADOUGLAS IRISCALIFORNIA GRAY RUSHLAVENDERTREE MALLOWLION'S TAILCHINESE FRINGE FLOWERSTICKY MONKEY FLOWERPINK MUHLYMYRTLECATMINTPENSTEMONNEW ZEALAND FLAXTOBIRACOFFEE BERRYSAGESCAEVOLAAUSTRALIAN BLUEBELL CREEPERLAMB'S EARSBUSH GERMANDERCEDROS ISLAND VERBENACOASTAL ROSEMARYCALIFORNIA FUCHSIA LOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOWLOW 1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL5 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL1 GAL5 GAL1 GAL1 GAL1 GAL1 GAL5 GAL1 GAL1 GAL1 GAL5 GAL5 GAL1 GAL1 GAL5 GAL1 GAL1 GAL1 GAL1 GAL1 GAL  MOD MOD MOD MOD  15' x 10' 10' x 8' 15' x 10' 15' x 12'  40' x 35' 18' x 12' 20' x 15' 40' x 35' SET' HEZ' TH DAVEY' RED SUNSET MAPLE WESTERN REDBUD CRAPE MYRTLE CHINESE PISTACHE MOD VL L L 24" BOX 24" BOX 24" BOX 24" BOX PEDESTRIANCONNECTION 3 - LAND USE | 21OAK PARK PROPERTIES SPECIFIC PLAN Figure 3.8: Residential Architectural Character - Streetscape The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final architectural details, building placements may be adjusted at the time of site and architectural review. Figure 3.9: Residential Architectural Character - Streetscape The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final architectural details, building placements may be adjusted at the time of site and architectural review. 22 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN The thirty-four proposed homes are comprised of four plans ranging from approximately 2,800 sf to 3,400 sf. The largest plan (+/-3,400 sf) has an attached, independent lock-off suite that would serve as an accessory dwelling unit in compliance with the City of Pleasant Hill’s aff ordable housing ordinance. All plans have full (18’ x 18’) driveway aprons to accommodate two driveway spaces, two-car garages and independent front, side and rear yards. To take advantage of the comfortable year-round weather, the homes are designed as open fl oor plans with integrated California rooms and upper level decks for seamless indoor-outdoor living. On some of the units, specifi cally those located along Monticello, the decks are oriented to take advantage of the scenic views of Mount Diablo. The homes would be comprised of four architectural styles: Spanish, Farmhouse, Craftsman and Cottage. Each of the four plans contain at least three of the architectural styles. To stay true to the envisioned architectural style, the materials and details will be sensibly chosen to best characterize that specifi c style. While there are four distinct styles proposed for this neighborhood, the homes will cohesively add visual interest and contribute to the overall neighborhood identity. The details are well proportioned to the size of the home and provide visual interest that best represents the overall character. To achieve an architectural variety throughout the site, duplicate styles will not be adjacent to one another, rather distributed throughout the site. The homes exhibit four-sided architecture with high quality materials, articulation, and detail applied to all four sides of the home. The Citywide Residential Design Guidelines will be applicable to the residential and park portions of the project. The Architectural Review Commission will review the residential portions of the project and provide design recommendations for consideration by the Planning Commission and City Council to ensure quality design. Residential Landscape Plan The street frontage landscaping along Monticello Avenue will serve to defi ne the public sidewalk while enhancing the project entry. Landscape plant materials for single family residential front yards shall consist of low maintenance, water wise Figure 3.10: Residential Park Concept - Illustrative The graphic is a representative illustration of the Specifi c Plan design vision within its surrounding context. Final park layout , amenities and design will be based on the City of Pleasant Hill Recreation and Park District requirements. SA N T A B A R B A R A R O A D SA N T SA N T SA N T SA N T SA N T N SA N T SA N T SASSA N T SA N SA N T SASA N T SA N T SA N T SA N T SA N T SA N T SA N T SASA N T SA N T SA N T SSSA N T SA N T SASA N T SA N T SA N T SA N T SSA N T SA N T SSSA N T SSA N T SA N T SA N SA N T SASASSASA N T SASA N T SA N T SAASA N SA N T SA N T SA N T SA N T SSA N T SA N T AASA N T SAASA N T ASASA N T AN T ANAANAANANNAN T ANNT AN TNAN T ANAAN T ANAAN T ANNAANNTTNNTNTTTNNTTTNTTTTTTTA B A A B A A B A A B A A B A A B A AA B A A B A A B A A B A A B A AA B A A B A A B A A B A A B A AA B A A B A A B A A B A A B A A B A A B A A B A AA B A AA B A AA B A A B A A B A A B A AAA B A A B A AA B A AA B A AA B A A B A A B AAA B A A B A A BAAA BBA A B A A BABBBABA B A AA B A ABABA A BA B ABBABABBBABABABBABABABABBABBAAABBABABABAAAAAAAAAAAARB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RRB A RB A RBRB A R RBRB A R RB A R RB A RRB A R RB A R RB A R RB A R RB A R RRB A R RB A R RB A R RRB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RB A R RRB A RB A R RB A RBRB A R RB A R RBRB A R RB A R RRB A R RBRB ABRBRB A R BRB A RB A R BAR RBBA R RBRBRB A R RBRBRB A RB A R RB A R RB A R RRB A RB A R BA R BA RBRB A R BABABA R BBBA R BBA RABABABABABA RAR BA RAAARARARAARRRRRRRRRRRA R O A R O A R O A R O A R O A R O A R O A R O A R O A R A R O A R O A R O A R O A R O AA R O A R O A R O A R O A R O AAA R O A R O A R O A R O AA R O AA R O A R O A R O A R O A RA R O A R O A R O A R O A R AA R O A R O A R O A R O A R O A R A R O AAA R O A R O A R O A RA R O A RAA R O AAA R O AA R O A R ORA R O ARORRAA R ORRRORORORRRRORORRORRRORORORRROROORROORROROOOOOOOOOADADADAADADADADADAADADAAAAAAAADADADAADAADADADADADADADAADADADAADAAADADADADADAAADADADAADADADADADAAADADDDAADADADAADADAADDADADADADDADDDDADADDADADDDDDDDDDD SS PASSIVE PARK PER ARBORIST'SRECOMMENDATION,EXISTING HEALTHYTREES SHALL BEPRESERVED INPASSIVE PARK PEDESTRIAN GATEPROVIDING ACCESSTO PASSIVE PARK NOTES:1. PARK WILL BE A PASSIVE SPACE2. PARK AND RECREATION DEPARTMENT REQUESTS:- 4-5 PICNIC TABLES DESIRED, WILL VERIFY IF POSSIBLE UNDER EXISTING TREES.- PROVIDE TRASH AND RECYCLE CONTAINERS.- LOCATE BENCHES ALONG WALKWAY IF THERE IS SPACE.- NO DRINKING FOUNTAIN REQUIRED.- PARK USAGE IS FROM DAWN TO DUSK.- IF NEEDED, POLE LIGHTING FOR WALKWAY TO PROVIDE MINIMUM REQUIRED FOOTCANDLES.- USE PLEASANT HILL PARK AND RECREATION DETAILS. ACCESSIBLEPICNIC TABLE 6' WALK 6' BENCH 3 - LAND USE | 23OAK PARK PROPERTIES SPECIFIC PLAN shrubs and groundcovers planted in masses that create landscapes with diverse foliage colors, shapes and plant sizes. Landscape designs shall be complimentary of architectural styles and carefully scaled in keeping with yard space and architecture product. All front yards shall utilize irrigation practices committed to water conservation. The landscape irrigation will adhere to current City water effi cient landscape provisions and utilize high effi ciency irrigation systems. Residential Park Concept The residential development will include an approximately 15,000 square foot passive park located at the northwest corner of the Specifi c Plan Area which presents an opportunity for recreation and outdoor enjoyment. This area includes a walkway suitable for universal access, four picnic tables, trash receptacles, and dog pick-up station. There will be retention of some of the existing trees. Landscape enhancements within the area will also include an undulating lawn area and perimeter shade trees. The plant varieties shall refl ect the palette of the existing Pleasant Oaks Park across the street. A water wise plant palette and high effi ciency irrigation system will ensure that this green space maintains a lush aesthetic while respecting the unique climate of Pleasant Hill. 3.4 Planning Area Adjustments While a Land Use Plan and Land Use Summary Table are contained in the OPPSP, precise land use boundaries and acreages shall be established by the recording of parcel maps. A Tentative Map submittal may incorporate an adjustment to the boundaries and acreages on file with the City for minor amendments to the OPPSP. An amendment will be considered minor if the total gross acreage of any given land use designation does not change by more than 10% increase or decrease of the original gross acreage approved under the OPPSP. A revised Land Use Plan as well as a revised Land Use Summary Table must be submitted to the City of Pleasant Hill for each proposed amendment or set of amendments to the land use area boundaries. 3.5 Permitted and Conditionally Permitted Uses The uses allowed within each zoning district are listed in Table 3.1 and established by letter designations as follows: “P” designates use classifi cations permitted in the district. “U” designates use classifi cations permitted on approval of a use permit. “T” designates use classifi cations permitted on approval of a temporary use permit. “P/U” designates use classifi cations permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use. The uses listed are based on the use classifi cations set forth in PHMC Chapter 18.15. Use classifi cations not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use Regulations” column includes specifi c limitations applicable to the use classifi cation or refers to regulations located elsewhere in this title. 24 | CHAPTER 3 - LAND USE OAK PARK PROPERTIES SPECIFIC PLAN Table 3.1 : Land Use Regulations 3 8 7 /  $FFHVVRU\GZHOOLQJXQLW 3 3 3 6HH3+0&† $FFHVVRU\MXQLRUGZHOOLQJXQLW 3 3 3 6HH3+0&† %HGDQGEUHDNIDVW ± ± ± &DUHIDFLOLW\VPDOOOLFHQVHG 3 3 3 )DPLO\GD\FDUHKRPHODUJH 3 3 3 6HH3+0&† )DPLO\GD\FDUHKRPHVPDOO 3 3 3 +RPHRFFXSDWLRQ 3 3 3 6HH3+0&† 6HQLRUKRXVLQJ 3 3 3 6LQJOHIDPLO\UHVLGHQWLDO 3 3 3 6LQJOHIDPLO\UHVLGHQWLDOZLWKERDUGHURUORGJHU 3 3 3 1RPRUHWKDQERDUGHUVRUORGJHUV 0XOWLIDPLO\UHVLGHQWLDO 3 3 3 &RPPXQLW\FHQWHU 8 8 8 &XOWXUDOLQVWLWXWLRQV ± 8 8 'D\FDUHJHQHUDO ± 8 8 / 3DUNDQGUHFUHDWLRQDOIDFLOLWLHV 8 3 3 3XEOLFVDIHW\IDFLOLWLHV 8 8 8 5HOLJLRXVDVVHPEO\ 8 8 8 6FKRROVSXEOLFRUSULYDWH 8 8 8 8WLOLWLHVPDMRU 8 8 8 8WLOLWLHVPLQRU 3 3 3 :LUHOHVVWHOHFRPPXQLFDWLRQVIDFLOLW\ ± 8 8 /6HH3+0&&KDSWHU /LEUDU\ ± 3 ± $FFHVVRU\8VHV 38  6HH3+0&† 7HPSRUDU\8VHV 6HH3+0&&KDSWHU $JULFXOWXUDOVDOHV ± 7 7 / $QLPDOVKRZVRUVDOHV ± 7 7 // $UWVDQGFUDIWVVKRZRXWGRRUV ± 7 7 // &KULVWPDVWUHHVDOHV ± ± ± // &LYLFDQGFRPPXQLW\HYHQWV ± 7 7 // &RPPHUFLDOILOPLQJOLPLWHG ± 7 7 // /LYHHQWHUWDLQPHQWHYHQWV ± 7 7 /// 2XWGRRUH[KLELWV ± 3 7 // 3HUVRQDOSURSHUW\VDOHV 3 ± ± / 3XPSNLQVDOHV ± ± ± // 5HFUHDWLRQDOHYHQWV ± 7 3 // 6WUHHWIDLUV 7 7 7 / /0LQLPXPVLWHDUHDRIVTXDUHIHHW /0LQLPXPVLWHDUHDRIRQHDFUH /0LQLPXPVLWHDUHDRIWKUHHDFUHV /6HH3+0&†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| 25OAK PARK PROPERTIES SPECIFIC PLAN CHAPTER 4 - CIRCULATION 4.1 Introduction The Oak Park Properties Specifi c Plan (OPPSP), consistent with the City of Pleasant Hill’s Circulation Element incorporates an array of transportation modes. The circulation elements include both vehicular and non- vehicular improvements within the two projects in the Specifi c Plan Area and are described in the following sections. In keeping with the sustainable goals of OPPSP, Low impact Development (LID) techniques maybe be used to reduce impacts of development on the natural environment. To meet this goal, if required, the planting strips along roadways may be used to treat storm water run-off . 4.2 Circulation Elements: Civic Project The following are the major circulation elements within the Civic Project. The Circulation Elements: Civic Project (Figure 4.1) shows the location of circulation elements within the Civic Project. In the circulation graphics, certain text may be abbreviated to fit graphically. These are: FOC delineates Face of Curb Dimensions, BOC delineates Back of Curb Dimensions, and ROW delineates the Right of Way. 4.2.1 OAK PARK BOULEVARD: Roadway improvements to Oak Park Boulevard include widening, resurfacing, restriping, and upgrading the existing signalization. In addition, dedicated bike lanes would share the roadway. This segment of Oak Park Boulevard would be widened from the western project boundary to the eastern project boundary. The intersection at Oak Park Boulevard and Monticello Avenue would be improved with new turn lanes and signalization. A new left turn land would allow vehicles to enter Monticello Avenue from the west. A new right turn lane would allow vehicles to enter Monticello Avenue from the east. In addition, a new left turn lane would allow vehicles to enter a day care facility to the south. 26 | CHAPTER 4 - CIRCULATION OAK PARK PROPERTIES SPECIFIC PLAN 0 100 200 400 6DQWD%DUEDUD5RDG6DQWD%DUEDUD5RDG 2DN3DUN% R XOHYDUG 2DN3DUN% R X O H Y D U G0RQWLFHOOR$YHQXH0RQWLFHOOR$YHQXHOak Park Boulevard Monticello Avenue Pedestrian Trail Bus Stop Figure 4.1 : Circulation Elements: Civic Project 4 - CIRCULATION | 27OAK PARK PROPERTIES SPECIFIC PLAN 4.2.2 MONTICELLO AVENUE: Roadway improvements to Monticello Avenue include complete reconstruction of the road and restriping to provide one dedicated northbound lane and one dedicated southbound lane. The southbound lane would terminate at Oak Park Boulevard with a shared left and right turn lane. The improved Monticello Avenue street section will consist of a thirty-four (34) foot wide pavement section within a sixty (60) foot six (6) inch right of way. The paved section will accommodate two twelve (12) foot travel lanes and two fi ve (5) foot wide Class II bike lanes with vertical curb and gutters. A detached sidewalk separated from the curb by planting strips will be provided on either side, one fi ve (5) foot six (6) inch sidewalk on the west side and one eight (8) foot sidewalk on the east side. Figure 4.2 : Monticello Avenue 28 | CHAPTER 4 - CIRCULATION OAK PARK PROPERTIES SPECIFIC PLAN 4.2.3 TRAIL The Civic Project would install a new pedestrian trail immediately west of the Grayson Creek Corridor. At some time in the future, contingent upon funding, the City may install a future bridge connecting the new pedestrian trail to the East Bay Municipal Utility District (EBMUD) trail. 4.2.4 TRANSIT County Connection Route 9 currently provides bus service to the Specifi c Plan vicinity and will continue to do so. Bus stops serving this route are located along Oak Park Boulevard and along Patterson Boulevard (located approximately 0.22 mile west). Route 9 provides service from Diablo Valley College to Pleasant Hill Bay Area Rapid Transit (BART) Station, located at 1365 Treat Boulevard, on the east side of I-680 near the Treat Boulevard interchange. 4.2.5 BICYCLE As illustrated in the 2009 Contra Costa Countywide Bicycle and Pedestrian Plan, a Class I bike lane exists on the EBMUD Trail, located along the Specifi c Plan’s eastern border1. Class III bike lanes exist on Oak Park Boulevard, and Patterson Boulevard (located approximately 0.22 mile west). There are signage/markings along these bikeways to assist bicyclists. The existing bike lanes on Oak Park Boulevard will be extended and will connect the plan area to the larger city wide bike network. The bike lanes will continue north/south on the new improved Monticello Avenue providing a safe bike route to the school and the recreational fi elds. 4.2.6 PEDESTRIAN In general, sidewalk coverage is currently adequate on the roads near the plan area. Sidewalks begin at the intersection of Oak Park Boulevard and the EBMUD trail, extending westward along the north side of Oak Park Boulevard and partially on the south side. A sidewalk is also available on the west side of Monticello Avenue. No sidewalks are currently available along the east side of Monticello Avenue. Sidewalks on both shoulders of Monticello Avenue (school property) continue northward from Santa Barbara Road towards Hawthorne Drive, past the Pleasant Hill Middle School and the Pleasant Oaks Park. Pedestrian improvements to Oak Park Boulevard and Monticello Avenue would provide needed pavement surfaces to incorporate sidewalks for pedestrian access. 4.3 Circulation Elements: Residential Project The following are the major circulation elements within the Residential Project. The Circulation Elements Residential Project (Figure 4.3) shows the location of circulation elements within the Residential Project. The Residential Project will be accessed from Monticello Avenue slightly north of the access to the Library access from Monticello Avenue. The streets within the Residential Project will be private streets and are described in the section below. In the street section graphics, certain text may be abbreviated to fit graphically. These are: FOC delineates Face of Curb Dimensions, BOC delineates Back of Curb Dimensions, and ROW delineates the Right of Way. 1 Contra Costa Transportation Authority (CCTA). 2009. 2009 Contra Costa Countywide Bicycle and Pedestrian Plan. Website: http://www.ccta.net/uploads/5297adc44d334.pdf. Accessed July 3, 2018. 4 - CIRCULATION | 29OAK PARK PROPERTIES SPECIFIC PLAN 0 100 200 400 6DQWD%DUEDUD5RDG6DQWD%DUEDUD5RDG Residential Street 1 Residential Street 2 Residential Lane Bus Stop Pedestrian Connections Potential EVA (if required) 2DN3DUN%RXOHYDUG 2DN3DUN% R X O H Y D U G0RQWLFHOOR$YHQXH0RQWLFHOOR$YHQXHFigure 4.3 : Circulation Elements: Residential Project 30 | CHAPTER 4 - CIRCULATION OAK PARK PROPERTIES SPECIFIC PLAN 4.3.1 RESIDENTIAL STREET 1: Residential Street 1 serves as the entry street to the residential development in the Plan Area. This street has a twenty (20) foot wide paved section within a forty (40) foot wide right-of-way. The paved section accommodates two travel lanes with vertical curb and gutters. Five (5) foot wide detached sidewalks are provided on both sides and are separated from the pavement by planting strips. Figure 4.4 : Residential Street 1 4 - CIRCULATION | 31OAK PARK PROPERTIES SPECIFIC PLAN 4.3.2 RESIDENTIAL STREET 2: Residential Street 2 serves as a major north south connector within the residential development. This street has a twenty (20) foot wide paved section within a thirty-eight (38) foot wide right-of-way. The paved section accommodates two travel lanes, an eight (8) foot wide parking bay on one side and has vertical curb and gutters. Attached sidewalks are provided on both sides. The location of the parking bay will be dependent on the site plan at its location. Figure 4.5 : Residential Street 2 Based on consultation with the City Staff , Planning Commission, and appropriate regulating authorities, an Emergency Vehicle Access (E.V.A.) may be provided at the southern portion of Residential Street 2 connecting to Oak Park Boulevard. 32 | CHAPTER 4 - CIRCULATION OAK PARK PROPERTIES SPECIFIC PLAN 4.3.3 RESIDENTIAL LANE: Residential lanes are residential streets that serve not more than eight homes. As these streets have extremely low traffi c volumes they are designed as shared streets. This street has a twenty (20) foot wide paved section within a twenty-fi ve (25) foot six (6) inch wide right-of-way. An attached sidewalk is provided on one side of the street. Figure 4.6 : Residential Lane 4 - CIRCULATION | 33OAK PARK PROPERTIES SPECIFIC PLAN 4.3.4 TRANSIT County Connection Route 9 currently provides bus service to the Specifi c Plan vicinity and will continue to do so. Bus stops serving this route are located along Oak Park Boulevard and along Patterson Boulevard (located approximately 0.22 mile west). Route 9 provides service from Diablo Valley College to Pleasant Hill Bay Area Rapid Transit (BART) Station, located at 1365 Treat Boulevard, on the east side of I-680 near the Treat Boulevard interchange. 4.3.5 BICYCLE As illustrated in the 2009 Contra Costa Countywide Bicycle and Pedestrian Plan, a Class I bike lane exists on the EBMUD Trail, located along the plan area’s eastern border.2 Class II bike lanes exist on Oak Park Boulevard, adjacent to the Residential Project site, and Patterson Boulevard, located approximately 0.22 mile west. There are signage/ markings along these bikeways to assist bicyclists. The residential streets are designed as low volume, low speed streets and the bikes are anticipated to share the pavement with automobile traffi c. 4.3.6 PEDESTRIAN In general, sidewalk coverage is currently adequate on the roads near the plan area. Sidewalks begin at the intersection of Oak Park Boulevard and the EBMUD trail, extending westward along the north side of Oak Park Boulevard and partially on the south side. A sidewalk is also available on the west side of Monticello Avenue. No sidewalks are currently available along the east side of Monticello Avenue. Sidewalks on both shoulders of Monticello Avenue (school property) continue northward from Santa Barbara Road towards Hawthorne Drive, past the Pleasant Hill Middle School and the Pleasant Oaks Park. Proposed streets within the Residential Projects incorporate sidewalks that accommodate pedestrian movement. To promote easy pedestrian access from the Residential Project, multiple pedestrian connections are provided to the surrounding uses Proposed connections include Oak Park Boulevard and the northerly park, as well as multiple pedestrian walkways to Monticello Avenue that provide ease of access to the library and ballfi elds. 2 Contra Costa Transportation Authority (CCTA). 2009. 2009 Contra Costa Countywide Bicycle and Pedestrian Plan. Website: http://www.ccta.net/uploads/5297adc44d334.pdf. Accessed July 3, 2018. This page intentionally left blank. 5 - INFRASTRUCTURE AND PUBLIC SERVICES | 35OAK PARK PROPERTIES SPECIFIC PLAN CHAPTER 5 - INFRASTRUCTURE AND PUBLIC SERVICES 5.1 Introduction This chapter addresses the proposed infrastructure system and public services for the Oak Park Properties Specifi c Plan (OPPSP). Infrastructure includes the water, wastewater and storm water runoff systems. The Public Services refer to public facilities and services and utilities necessary to serve the area. These include some City- wide system improvements that will benefi t more than the properties within the OPPSP. 5.2 Infrastructure This section identifi es the infrastructure required to serve the OPPSP and addresses the overall infrastructure improvements for the OPPSP. The infrastructure improvements are listed individually for the two projects. Related components in the individual projects will be will be designed and constructed to accommodate build out in a phased approach. 5.3 Infrastructure: Civic Project The sections below describes the diff erent infrastructure improvements for the civic project. 5.3A: DOMESTIC WATER Water service would be provided by installing extending a new 8-inch main along Monticello Avenue. The main would connect to the library 120 feet north of Oak Park Boulevard. Fire-rated water service would also be provided by the 8-inch main and connect to dedicated 6-inch at the library building. A second connection to provide water for fi re hydrants in the parking lot is also proposed. The connection would be located at the parking lot entrance beneath Monticello Avenue and run parallel to the library building. New water lines would be placed beneath Monticello Avenue between Oak Park Boulevard and Santa Barbara Road and would run along the centerline of the street right- of-way. There are no proposed changes to the existing 10 inch main beneath Oak Park Boulevard. 5.3B: RECYCLED WATER An existing 10-inch recycled water line would be extended south from Pleasant Oaks Park, allowing for irrigation with recycled water at the proposed athletic fi elds and library properties. The extension would be located along Monticello Avenue. The City estimates that the area along Oak Park Boulevard and Monticello Avenue would demand a peak- fl ow of 12 gallons per minute (gpm). The park would utilize an estimated 3.6 million gallons per year. A new connection to service the proposed library would be established approximately 120 feet north of Oak Park Boulevard. The City estimates that the library would demand a peak-fl ow of 45 gallons per minute (gpm). In addition, a small-diameter recycled waterline and stub out would be available in the future for the proposed pedestrian bridge crossing Grayson Creek for purposes of conveying recycled water to the landscaped area immediately east of the creek. There is no recycled water infrastructure in Oak Park Boulevard between Monte Cresta Avenue and the EBMUD Trail, and this project would not include the installation of recycled water infrastructure within this street segment. 5.3C: STORM WATER DRAINAGE Stormwater and surface run-off would be collected via a new storm drainage system and either conveyed to Grayson Creek through three outfalls that would be upgraded as part of the Civic Project, or collected into on-site bioretention ponds or, in the case of extreme rain events, detained on the sports fi elds. The proposed drainage and fl ood protection improvements (Grayson Creek Outfalls Project) would mimic the existing 100-year fl oodplain boundary footprint. As part of the proposed Grayson Creek Outfalls Project improvements outlined above, the existing single 24-inch drainage conveyance system along Oak Park Boulevard would be improved to include two separate storm drainage systems (western system and eastern system). The western system would upsize the existing 24-inch storm drain pipe currently located along Oak Park Boulevard adjacent to the existing library parcel to a 36-inch pipe. The western system would diverge from its existing alignment by turning northward along the east side of Monticello Avenue, extend eastward along the north end of the new library parking lot, and then extend north through double 18-inch pipes (or a single 36” pipe) towards an existing 15- inch outfall into the East Fork Grayson Creek. In the event of extreme rain events, such as 25-year or greater storm events when the East Fork Grayson Creek reaches capacity, storm water from the Civic Project would be detained on the sports fi eld and slowly released through the 15-inch outfall, that includes riprap for energy dissipation. 36 | CHAPTER 5 - INFRASTRUCTURE AND PUBLIC SERVICES OAK PARK PROPERTIES SPECIFIC PLAN The eastern system begins east of Monticello Avenue and conveys storm water towards an existing 36-inch outfall into the East Fork of Grayson Creek. The existing 24- inch storm drain pipe located along Oak Park Boulevard adjacent to the proposed new library site will be improved with additional catch basins and shallow box culverts with slotted openings which will connect to a new diversion manhole structure. A short section of 24-inch storm drain pipe and catch basins will be constructed along the south side of Oak Park Boulevard at the eastern edge project limits and cross Oak Park Boulevard to the new diversion manhole structure. The existing 36-inch outfall will be replaced with a new 36-inch outfall structure that includes riprap for energy dissipation. Storm water from this eastern system will be conveyed to Grayson Creek through this 36- inch outfall. In the event of extreme rain events, such as 25- year or greater storm events, when East Fork Grayson Creek reaches capacity, storm water from the Civic Project would be conveyed through a new 36-inch pipe which extends north through 18-inch pipes (or a single 36” pipe) towards the 15-inch outfall at the northeast corner of the sports fi eld property that includes riprap for energy dissipation. Storm water from the new library site would be directed to C3 bio-retention ponds located at the eastern side of the library property. The existing 8-inch outfall structure will be replaced with a new 8-inch riprap outfall structure and will drain the C-3 ponds into Grayson Creek. In the event of extreme rain events such as 25 year or greater storm events when Grayson Creek reaches capacity, storm water from the Civic Project would be conveyed to the north through double 18-inch pipes (or a single 36” pipe) towards the 15-inch outfall at the northeast corner of the sports fi eld property and slowly released through the 15-inch outfall, that includes riprap for energy dissipation, Exhibit 2-13 depicts the locations of proposed improvements along the Grayson Creek corridor. 5.3D: SANITARY SEWER All sewer lines for the Civic Project would connect to an existing 10-inch municipal sewer main line that runs north- to-south through the eastern side of the property. A portion of the existing sewer main line would be realigned eastward in order to avoid being placed beneath the proposed new library building. Service to the proposed library building on this property would be provided by one lateral connection to the 10- inch sewer main line on the eastern side of the property. Another lateral connection for the trash enclosure would be established in the parking lot to the north of the library would also connect to the same 10-inch sewer main line. Both connections would be made at the realigned section of the sewer main line on the eastern side of the building. The proposed park’s public restroom would connect to the existing 10-inch line via a sewer lateral just north of the proposed parking lot. A second sewer lateral for the trash enclosure would be established from the new satellite parking lot located north of the fi elds and would then connect to the same existing 10-inch sewer main line on the eastern side of the fi elds. No connection will be made to the existing sanitary sewer line running beneath Oak Park Boulevard for this project. 5.3E: SOLID WASTE AND RECYCLING COLLECTION Republic Services provide solid waste disposal services for the City of Pleasant Hill. Republic Services is a private company that provides non-hazardous solid waste and recycling services for commercial, industrial, municipal, and residential customers. The sole repositories of solid waste for the City of Pleasant Hill are the Acme and Keller Canyon Landfi lls. Republic Services would provide garbage and recycling service to the proposed library. The library and park uses would be serviced by existing solid waste and recycling collection routes. A designated trash enclosure for the library would be located in the southwestern corner of the parking lot and to the west of the library entrance. A designated trash enclosure for the parking would be located along the northern boundary of the park in proximity to the northern parking lot. 5.3F: POWER AND TELECOMMUNICATIONS Pacifi c Gas and Electric (PG&E) provides electrical and natural gas services to customers in the City of Pleasant Hill. The City would install a new joint utility trench along Monticello Avenue between Oak Park Boulevard and Santa Barbara Road within the future public right-of-way to provide for electrical, gas and telecommunications services for the library. New conduits/vaults would be installed between the utility trench and the library. The City would install a new joint utility trench staring on the south side of the Oak Park Boulevard. The new conduit would cross Oak Park Boulevard to the east of Monticello Avenue, and would continue westward along the north side of Oak Park Boulevard, to the Monticello Avenue Intersection. New utility lines would extend along Monticello Avenue and run north. A new transformer will be installed between Monticello Avenue and the library parking lot; a second transformer would be located along the northern boundary between the ballfi elds and the northern parking lot. The 5 - INFRASTRUCTURE AND PUBLIC SERVICES | 37OAK PARK PROPERTIES SPECIFIC PLAN park would not require a new telecommunications and gas service. 5.4 Infrastructure: Residential Project The sections below describes the diff erent infrastructure improvements for the Residential Project. 5.4A: DOMESTIC WATER Three water providers: CCWD, EBMUD, and Martinez Water District, provide potable water service to the City of Pleasant Hill. The Residential Project site is within the CCWD service area. Static pressure within the existing main is between 55 and 60 pounds per square inch. An 8-inch domestic water main along Monticello Avenue and a 6-inch main for fi re-rated water service would supply domestic water. The Residential Project would connect to new municipal water lines in Monticello Avenue. 5.4B: RECYCLED WATER No recycled water infrastructure would service the Residential Project. Recycled water may be utilized for landscaping along project street frontages in conjunction with the Contra Costa Clean Water Program (C3 facilities). 5.4C: STORM WATER DRAINAGE The Residential Project would connect to the municipal stormwater drains within Monticello Avenue. The Residential Project would include linear bio-retention basins along the west side of Monticello Avenue, with suffi cient capacity to capture storm water runoff and in accordance with C3 requirements. 5.4D: SANITARY SEWER The sewer connection for the existing library, which currently connects to an existing main under Oak Park Boulevard, would be abandoned and removed. A new 8-inch line would be constructed in the east/west direction underneath Monticello Avenue, and would continue underneath the parking lot and eventually connect to the existing 10-inch sanitary sewer main adjacent to Grayson Creek. 5.4E: SOLID WASTE AND RECYCLING COLLECTION Republic Services would provide garbage and recycling service to the Residential Project. The residences would be serviced by existing solid waste and recycling collection routes. Individual trash, recycling, and green receptacles would be provided for each home. 5.4F: POWER AND TELECOMMUNICATIONS The Residential Project would connect to a new joint utility trench within Monticello Avenue. The homes would be subject to the 2020 California Building Code, which requires the inclusion of solar panels for new residential development. 38 | CHAPTER 5 - INFRASTRUCTURE AND PUBLIC SERVICES OAK PARK PROPERTIES SPECIFIC PLAN LEGEND: PROPERTY LINE PROPOSED WATER LINE PROPOSED 10" RECYCLED WATER LINE AND EXISTING WATER LINE(E)W (E)W PROPOSED 4" RECYCLED DRAIN LINE R4-4R1-1R1-1R1-1R1-1W16-9PW11-2W11-2W16-9P5 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL THREEAPN: 149-271-013 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL TWOAPN: 149-271-013 LANDS OFMOUNT DIABLO UNIFIEDSCHOOL DISTRICTAPN: 149-230-008 JOHN J ALLENAPN: 170-071-001-3 JENNIFER LARAAPN: 170-071-002-1 AMBROSE JOHNWILLIAMS/CHERYLANNE GUADAGNAAPN: 170-071-003-9 JIHONG HUANF/TIANCHI RENAPN: 170-071-004-7 DANPOULE NIEMANAPN: 170-071-005-4 RILEY JAMES R &PATRICIA RAPN: 170-071-006-2 MICHAEL J LAYAPN: 170-071-007-0 AINA EAST LLCAPN: 170-071-008-8 AINA EAST LLCAPN: 170-071-009-6 GIL G PALAS/ LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL ONEAPN: 149-271-013 LANDS OFPLEASANT HILLREC & PARK DISTAPN: 149-230-009-8 10' SEWER EASEMENT (E)W (E)W CONNECTTO(E)WATER RECYCLEDWATERSERVICE (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W (E)W PROPOSED 15' RECYCLEDWATER EASEMENT 0 GRAPHIC SCALE: 1" = 200' 400200200ECCLESTONAVENUEMONTICELLOAVEOAKPARKBOULEVARD EAST BAY MUNICIPAL UTILITY DISTRICTAPN: 149-320-003-2 SANTA BARBARA ROAD Figure 5.1: Water Plan Exhibit 5 - INFRASTRUCTURE AND PUBLIC SERVICES | 39OAK PARK PROPERTIES SPECIFIC PLAN Figure 5.2: Storm Drain Plan Exhibit R4-4R1-1R1-1R1-1R1-1W16-9PW11-2W11-2W16-9P5 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL THREEAPN: 149-271-013 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL TWOAPN: 149-271-013 LANDS OFMOUNT DIABLO UNIFIEDSCHOOL DISTRICTAPN: 149-230-008 JOHN J ALLENAPN: 170-071-001-3 JENNIFER LARAAPN: 170-071-002-1 AMBROSE JOHNWILLIAMS/CHERYLANNE GUADAGNAAPN: 170-071-003-9 JIHONG HUANF/TIANCHI RENAPN: 170-071-004-7 DANPOULE NIEMANAPN: 170-071-005-4 RILEY JAMES R &PATRICIA RAPN: 170-071-006-2 MICHAEL J LAYAPN: 170-071-007-0 AINA EAST LLCAPN: 170-071-008-8 AINA EAST LLCAPN: 170-071-009-6 GIL G PALAS/EDNA A PALAS LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL ONEAPN: 149-271-013 LANDS OFPLEASANT HILLREC & PARK DISTAPN: 149-230-009-8 10' SEWER EASEMENT NEW OUTFALLTO(E)DITCH NEW OUTFALLTO(E)DITCH (E)SD (E)SD (E)SD (E)DRAINAGEDITCH SD SD SD SDSDS D SD SD SD S D SDSDSDPROPOSED 15' RECYCLEDWATER EASEMENT NEW OUTFALLTO(E)DITCH SDSDSDLEGEND: PROPERTY LINE PROPOSED STORM DRAIN LINE EXISTING STORM DRAIN LINE(E)SD (E)SD PROPOSED STORM DRAIN STRUCTURE 0 GRAPHIC SCALE: 1" = 200' 400200200 EAST BAY MUNICIPAL UTILITY DISTRICTAPN: 149-320-003-2 OAK PARK BOULEVARD SANTA BARBARA ROAD ECCLESTONAVENUEMONTICELLOAVEOAKPARKBOULEVARD 40 | CHAPTER 5 - INFRASTRUCTURE AND PUBLIC SERVICES OAK PARK PROPERTIES SPECIFIC PLAN Figure 5.3: Sewer Plan Exhibit R4-4R1-1R1-1R1-1R1-1W16-9PW11-2W11-2W16-9P5 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL THREEAPN: 149-271-013 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL TWOAPN: 149-271-013 LANDS OFMOUNT DIABLO UNIFIEDSCHOOL DISTRICTAPN: 149-230-008 JOHN J ALLENAPN: 170-071-001-3 JENNIFER LARAAPN: 170-071-002-1 AMBROSE JOHNWILLIAMS/CHERYLANNE GUADAGNAAPN: 170-071-003-9 JIHONG HUANF/TIANCHI RENAPN: 170-071-004-7 DANPOULE NIEMANAPN: 170-071-005-4 RILEY JAMES R &PATRICIA RAPN: 170-071-006-2 MICHAEL J LAYAPN: 170-071-007-0 AINA EAST LLCAPN: 170-071-008-8 AINA EAST LLCAPN: 170-071-009-6 GIL G PALAS/ LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL ONEAPN: 149-271-013 LANDS OFPLEASANT HILLREC & PARK DISTAPN: 149-230-009-8 10' SEWER EASEMENT (E)SS(E)SS(E)SS(E)SS(E)SS(E)SS(E)SS(E)SS(E)SS(E)SS(E)SSCONNECT TO(E)SEWER SS SS SS SS SS SS (E)SS(E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS (E)SS PROPOSED 15' RECYCLEDWATER EASEMENT SSLEGEND: PROPERTY LINE PROPOSED SANITARY SEWER LINE PROPOSED RELOCATED SANITARY SEWER LINE BY OTHERS (E)SS(E)SS EXISTING SEWER LINE 0 GRAPHIC SCALE: 1" = 200' 400200200 EAST BAY MUNICIPAL UTILITY DISTRICTAPN: 149-320-003-2 OAK PARK BOULEVARD SANTA BARBARA ROAD ECCLESTONAVENUEMONTICELLOAVEOAKPARKBOULEVARD PROPOSED RELOCATED SANITARY SEWER LINE AND EASEMENT BY OTHERS TO ACCOMMODATE NEW LIBRARY BUILDING. LOCATION AS SHOWN FROM NEW LIBRARY DESIGN TEAM. EXISTING SANITARY SEWER LINE EXISTING SANITARY SEWER LINE EXISTING SANITARY SEWER LINE AND EASEMENT TO BE RELOCATED BY OTHERS TO ACCOMMODATE NEW LIBRARY BUILDING EXISTING SANITARY SEWER LINE 5 - INFRASTRUCTURE AND PUBLIC SERVICES | 41OAK PARK PROPERTIES SPECIFIC PLAN Figure 5.4: Joint Trench Plan Exhibit R4-4R1-1R1-1R1-1R1-1W16-9PW11-2W11-2W16-9P5 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL THREEAPN: 149-271-013 LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL TWOAPN: 149-271-013 LANDS OFMOUNT DIABLO UNIFIEDSCHOOL DISTRICTAPN: 149-230-008 JOHN J ALLENAPN: 170-071-001-3 JENNIFER LARAAPN: 170-071-002-1 AMBROSE JOHNWILLIAMS/CHERYLANNE GUADAGNAAPN: 170-071-003-9 JIHONG HUANF/TIANCHI RENAPN: 170-071-004-7 DANPOULE NIEMANAPN: 170-071-005-4 RILEY JAMES R &PATRICIA RAPN: 170-071-006-2 MICHAEL J LAYAPN: 170-071-007-0 AINA EAST LLCAPN: 170-071-008-8 AINA EAST LLCAPN: 170-071-009-6 GIL G PALAS/EDNA A PALAS LANDS OFCONTRA COSTA BOARDOF EDUCATION11848 O.R. 376PARCEL ONEAPN: 149-271-013 LANDS OFPLEASANT HILLREC & PARK DISTAPN: 149-230-009-8 10' SEWER EASEMENT CONNECT JTTO(E)RISER CONNECT JTTO(E)RISER JT STUBSTOLIBRARY JT STUB TOTRANSFORMER JT SERVICESTUB TRANSFORMERLOCATION,TYP.JTJTJTJTJTJTJTJTJTJTPROPOSED 15' RECYCLEDWATER EASEMENT JT STUB TOTRANSFORMER LEGEND: PROPERTY LINE PROPOSED JOINT TRENCH LINE 0 GRAPHIC SCALE: 1" = 200' 400200200 EAST BAY MUNICIPAL UTILITY DISTRICAPN: 149-320-003-2 OAK PARK BOULEVARD MONTICELLOAVESANTA BARBARA ROAD ECCLESTONAVENUEOAKPARKBOULEVARD 42 | CHAPTER 5 - INFRASTRUCTURE AND PUBLIC SERVICES OAK PARK PROPERTIES SPECIFIC PLAN 5.5 Additional Public Services The two projects will be served by the following public facilities and services. 5.6 Additional Public Services: Civic Project 5.6A SCHOOLS The Civic project will not generate any students. 5.6B FIRE Fire protection services are provided to the City by the Contra Costa County Fire Protection District (CCCFPD). CCCFPD is divided into 26 stations (24 fully staff ed stations, and 2 reserve on-call stations), dispersed throughout 19 cities within Contra Costa County. Station #5 is located at 205 Boyd Road, in Pleasant Hill, approximately one mile from the Specifi c Plan Area. 5.6C POLICE Police protection services are provided to the City by the City of Pleasant Hill Police Department. The Department is located at 330 Civic Drive, located approximately 2.5 miles from the Specifi c Plan Area. 5.6D LIBRARY The County operates the Pleasant Hill branch of the Contra Costa County Library, located at 1750 Oak Park Boulevard, currently within the OPPSP boundary. As part of this Specifi c Plan, the library will be relocated to the adjacent vacant parcel at 1700 Oak Park Boulevard. 5.6E CABLE, INTERNET, TELEPHONE The appropriate cable, internet and telephone service provider will provide cable television, internet and telephone services to the Oak Parks Properties Specifi c Plan area. The provider will determine the required facilities to adequately serve the site. 5.7 Additional Public Services: Residential Project 5.7A SCHOOLS The Residential Project Specifi c Plan is located within the Mount Diablo Unifi ed School District boundary. Pleasant Hill Middle School is located directly north of the Specifi c Plan Area. Pleasant Hill Elementary School, Sequoia Elementary School, Sequoia Middle School, and College Park High School are located within close proximity to the Specifi c Plan area. Table 5.1 outlines the students generated by the Oak Park Properties Specifi c Plan. As the Residential Project does not generate enough students to require a new school, the students will attend adjoining schools outside of the Oak Park Specifi c Plan Area. School fees will be paid at the time of building permit. 5.7B FIRE Fire protection services are provided to the City by the Contra Costa County Fire Protection District (CCCFPD). CCCFPD is divided into 26 stations (24 fully staff ed stations, and 2 reserve on-call stations), dispersed throughout 19 cities within Contra Costa County. Station #5 is located at 205 Boyd Road, in Pleasant Hill, approximately one mile from the Specifi c Plan Area. 5.7C POLICE Police protection services are provided to the City by the City of Pleasant Hill Police Department. The Department is located at 330 Civic Drive, located approximately 2.5 miles from the Specifi c Plan Area. 5.7D LIBRARY The County operates the Pleasant Hill branch of the Contra Costa County Library, located at 1750 Oak Park Boulevard, currently within the OPPSP boundary. As part of this Specifi c Plan, the library will be relocated to the adjacent vacant parcel at 1700 Oak Park Boulevard. 5.7E CABLE, INTERNET, TELEPHONE The appropriate cable, internet and telephone service provider will provide cable television, internet and telephone services to the Oak Parks Properties Specifi c Plan area. The provider will determine the required facilities to adequately serve the site. 5 - INFRASTRUCTURE AND PUBLIC SERVICES | 43OAK PARK PROPERTIES SPECIFIC PLAN SingleFamilyDetachedUnitsStudentGeneration SchoolLevel Units Students ůĞŵĞŶƚĂƌLJ^ĐŚŽŽů Ϭ͘ϭϳϴϵ ϯϰ ϲ DŝĚĚůĞ^ĐŚŽŽů Ϭ͘Ϭϴϳϵ ϯϰ ϯ ,ŝŐŚ^ĐŚŽŽů Ϭ͘Ϭϵϵϳ ϯϰ ϯ *StudentGenerationFactorsprovidedbytheSchoolFeeJustificationStudydatedApril,102018 OPPSPStudentGenerationRates/DU&StudentsGenerated TotalStudent Generation Factor* Table 5.1: Oak Park Properties Specfi c Plan Student Generation Rates/DU & Students Generated This page intentionally left blank. CHAPTER 6 - DEVELOPMENT STANDARDS 6.1 Introduction This chapter describes all the standards for site planning, and building design. These are the regulations that govern new construction, as well as modifi cations and additions, in the plan area. The development standards have been prepared and evaluated in terms of the three dimensional form and design character that the City seeks to achieve within the Specifi c Plan Area. The standards represent an integrated package of requirements for site planning and building design in order to establish the unique character and form of the Specifi c Plan Area. The Development Regulations set forth in this Specifi c Plan provide a comprehensive set of regulations governing the use and development of the land. While including references to specifi c provisions of the City of Pleasant Hill Zoning Ordinance, these Development Regulations replace the City of Pleasant Hill Zoning Ordinance within the Specifi c Plan Area. Should there be a confl ict between this Specifi c Plan and the City of Pleasant Hill Zoning Ordinance, the provisions of this Specifi c Plan shall govern. Any issue not directly or specifi cally covered by this Specifi c Plan shall be subject to non-confl icting regulations and procedures of the City of Pleasant Hill Planning and Zoning Ordinance. As required by Government Code Section 65454, the Oak Park Properties Specifi c Plan is consistent with and implements the City of Pleasant Hill General Plan. All land use entitlements and permits approved within the Specifi c Plan area shall be consistent with the Specifi c Plan. Property within the specifi c planning area will be zoned as a Planned Unit Development (PUD) District, in order to facilitate greater fl exibility in meeting the purpose of the Specifi c Plan as noted previously. In addition, fi nal development review shall occur through a Development Plan Permit and Architectural Review for all portions of the plan except for the Library that will be reviewed by the City Council. 6.2 Development Regulations Figure 6.1 delineates the diff erent areas for which the following development regulations are applicable. The following pages delineates the Development Standards governing each of the land use designations. Section 6.3 and 6.4 regulate the Library and the Park, the two components of the Civic Project and Section 6.5 describes the development regulations for the Residential Project. 3$5.3$5. /,%5$5</,%5$5< 5(6,'(17,$/5(6,'(17,$/ 0 100 200 400 6DQWD%DUEDUD5RDG6DQWD%DUEDUD5RDG 0RQWH&UHVWH$YH0RQWH&UHVWH$YH2DN3DUN%RXOHYDUG 2DN3DUN%RXOHYDU G0RQWLFHOOR$YH0RQWLFHOOR$YHFigure 6.1: Development Regulation Areas 6 - DEVELOPMENT STANDARDS | 45OAK PARK PROPERTIES SPECIFIC PLAN 6.3 Development Regulations: Library The new library project would consist of one single-story library building, enclosed outdoor spaces, open paved outdoor areas, an auxiliary utility structure, a parking lot, and landscaped areas. The library building is situated on the southern portion of the site, with the main entrance facing the parking lot to the building’s north. A large outdoor plaza connects the library building to the parking area, and a paved promenade extends the full width of the site from Monticello Avenue to the west, to Grayson Creek to the east. The library building is set back from the corner of Oak Park Road and Monticello Avenue and has a conditioned area of 24,000 square feet and 4,700 square feet of fenced outdoor areas. The total area of roof coverage for the library is approximately 30,000 square feet. The building consists primarily of a single rectangular structure with continuous sloped roof (ranging from 11’ to 28’-3” in height) with three smaller sloped appendages on the south side and a large entrance pavilion on the north side. The exterior materials are stained cedar and cementitious panel siding, aluminum curtain wall, and metal roof. The metal roof will be “solar ready”, for solar panel installation. The enclosed outdoor spaces on the west side of the building, facing Monticello Avenue, are composed of a combination of metal fencing and cementitious panel siding, with a height of 9’ high or less. A utility of structure for waste management is located on the west side of the parking area. It is composed of cedar or cementitious panel siding and a metal roof. It is a sloped structure approximately 190 square feet and 11’ – 3” tall. Site lighting will be provided as follows: The parking lot will be provided with 22’ tall pole lights, and will be programmed for 30 minutes prior to sunset until 10 PM, plus motion sensors. Pedestrian paths will be lit with a combination of pole lights and bollards and will have the capability to be programmed for automatic shut off or for dimming. The southern face of the library will be illuminated with ground- mounted wall washing lights. Areas under canopies and overhangs will be illuminated with downlights mounted on the structure. A summary of development provisions for the project would include the following: 46 | CHAPTER 6 - DEVELOPMENT STANDARDS OAK PARK PROPERTIES SPECIFIC PLAN Table 6.1: Development Standards: Library Minimum Lot Area 2.5 Acres Minimum Lot Width 200 feet Minimum Setbacks From Creek 40 feet Measured from the top of Grayson Creek bank From Parking Lot 20 feet From Monticello Avenue 20 feet From Northern Property Line 20 feet Height Limits (maximum) For Street Lights 22 feet For Main Building 30 feet For Site Fences and Auxiliary Buildings 14 feet For Flagpoles 25 feet Maximum number of building stories 2.5 stories Minimum site landscaping 20% Maximum Floor Area Ratio 0.25 Parking 90 spaces minimum Parking spaces to be shared with the adjacent Park project 6.4 Development Regulations: Park The new park would consist of two approximately 40,000 square feet ball fi elds as part of the Civic Project. Ball fi elds would include two dugouts and two bullpens per fi eld. A 54,000 square-foot soccer fi eld would overlay on the ball fi eld grass between the two diamonds, as shown in Figure 3.6. The park development would include three row aluminum bleachers at each diamond, with seating for up to 42 per fi eld. The fi eld surface would be natural grass and would use recycled water for irrigation. The development would include appropriately sized restrooms, storage areas, three 720 square-foot bocce ball courts and a new electrical system to including lighting for evening- time events and security. The new lighting system would include 11 poles ranging in heights of 40 to 70 feet. A 920 square foot restroom and storage area would be developed on site. A small natural play area would be provided along creek for young park visitors. Two small picnic tables and a few benches would be placed adjacent to the bocce courts set. Other area improvements include paving for the northern parking lot and concrete paving (including the concrete walkways, areas behind backstops, creek side trail, etc.). Development provisions for the project would include the following: Table 6.2: Development Standards: Park Minimum Setbacks From Creek 10 feet Measured from the top of Grayson Creek bank From Parking Lot 20 feet From Monticello Road 20 feet From Northern Property Line 20 feet Height Limitations For Light Fixtures 70 feet For Park Structures 25 feet For Park Buildings 20 feet For Flagpoles 25 feet Maximum Number of Building Stories 2.5 stories Minimum Site Landscaping 5%Does not include the actual playing fi elds that are excluded from this calculation Maximum Gross Floor Area Ratio 1,500 sf Parking Determined by Use Permit Parking Spaces to be shared with the City Library Project. Non city- shared parking facilities shall comply with pleasant hill zoning ordinance provisions, except electric vehicle parking shall not be required * Proposed park hours are from sunrise until 10:00 p.m. (if activities are scheduled). The sports fi elds would be used Monday through Friday after school until 10:00 p.m. and on Saturdays and Sundays from 8 a.m. to 10 p.m. Landscape Plan The property would be landscaped with a variety of plant species that refl ect local conditions and compliment the overall design intent of Pleasant Oaks Park located to the northwest of the property. The proposed Specifi c Plan would retain or plant new trees providing for 47 trees on this property. All planter areas to receive a 3-inch thick layer of mulch in shrub areas and a 2-inch thick layer in all groundcover areas. Contractor to submit samples of medium grind bark mulch to landscape architect for approval prior to installation. All trees within 6-feet of hardscape are to receive root barriers. Root barriers shall not encircle the tree root ball, but shall be located at edge of hardscape and extend beyond the center of the tree a minimum of 5’ in each direction. Irrigation water supple will be reclaimed water. Therefore all irrigation equipment and piping shall be colored and marked for recycled water use. 6 - DEVELOPMENT STANDARDS | 47OAK PARK PROPERTIES SPECIFIC PLAN Recycled water signs are to be provided at all entry points into park. SUGGESTED PLANT MATERIAL LIST (TO INCLUDE BUT NOT LIMITED TO): Trees • Arbutus x `Marina` / Arbutus • Garrya elliptica / Coast Silktassel • Quercus agrifolia / Coast Live Oak • Quercus suber / Cork Oak • Quercus virginiana / Southern Live Oak • Tilia tomentosa / Silver Linden Shrubs • Ceanothus griseus `Yankee Point` / Yankee Point Ceanothus • Olea europaea `Montra` / Little Olive • Rhamnus californica `Eve Case` / California Coff eeberry • Achillea millefolium / Common Yarrow • Bouteloua gracilis `Blonde Ambition` / Blue Grama • Carex divulsa / Berkeley Sedge • Echinacea x `Flamethrower` / Conefl ower • Festuca rubra `Molate` / Molate Fescue • Melica ciliata / Melic • Mimulus aurantiacus / Sticky Monkey Flower • Penstemon x `Sour Grapes` / Sour Grapes Beard Tongue • Salvia spathacea / Hummingbird Sage Ground covers • Bermuda `Tifway 419` / Bermuda Grass 6.5 Development Regulations: Residential The Residential Project consists of 34 single family homes, 7 of which include an attached accessory dwelling unit. The homes are two stories and include 4 plan types with a variety of elevation styles. Development provisions for the Residential Project would include the following: 48 | CHAPTER 6 - DEVELOPMENT STANDARDS OAK PARK PROPERTIES SPECIFIC PLAN 6 - DEVELOPMENT STANDARDS | 49OAK PARK PROPERTIES SPECIFIC PLAN       /27/27 Table 6.3: Development Standards: Residential Minimum Lot Size 3,936 sf Minimum width, internal lot 48 ft. Minimum width, corner lots 54 ft. Minimum width, lots along Monticello 54 ft. Minimum lot depth 82 ft. Minimum Setbacks Chimneys, fi replaces, accent walls or pilasters, bay windows, eaves or similar architectural projections may encroach as per City of Pleasant Hill zoning ordinance. Front: to building face or porch 10 ft. Front: to front loaded garage door 19 ft. Must maintain an 18’ x 18’ clear driveway Side - internal lot 4 ft. Side - corner lots: to building face 10 ft. Side - corner lots: to porch 7 ft. Rear 10 ft. Maximum Height 35 ft./ 2 stories Maximum Lot Coverage 60% Minimum Open Space1,2 200 sf per unit Can be private open space, common open space, or a combination of both, consistent with P.H.M.C. Parking 2 covered spaces per unit Guest Parking 0.5 per unit Guest spaces may be provided on driveway aprons, on-street parking spaces or in designated parking spaces within the plan area. Driveway space shall be a minimum of 9 feet by 18’. Accessory Dwelling Unit Parking 0 No additional parking required due to proximity to transit 1Private open space must be on a patio, private yard area, or on a balcony. The minimum dimensions required to qualify as Private Open space are: Yard: 150 square feet, with a minimum dimension of 10 feet; Porches, decks and balconies: 60 square feet, with a minimum dimension of 6 feet. 2Common open space must be designed so that a horizontal rectangle has no dimension less than 15 feet and may not include parking areas, or area required for front or side yards. A B C D E F G H I J Side setbacks at internal corner H I Side setbacks at internal lots GG Front setbacks F E Figure 6.2: Residential Setback Diagram ,17(51$/$//(<35,9$7(675((7'0217,&(//2$9(18(I I JJJ E E E G GG G H H F F F B CA D PORCH BUILDABLE ENVELOPE LOT LINE/PROPERTY LINE 50 | CHAPTER 6 - DEVELOPMENT STANDARDS OAK PARK PROPERTIES SPECIFIC PLAN FARMHOUSE SPANISH COTTAGE CRAFTSMAN Table 6.4: Development Standards: Residential - Parking Off Street Parking Standards Parking Depth 19 ft. When a parking space abuts a landscaped planter less than six inches high, the front two feet of the required length for a parking space may extend into the planter Parking Width 9 ft.Parallel Spaces shall be 8 ft by 23 ft adjacent to a 10 ft wide travel lane Drive Aisles 20 ft. Driveway Depth 18 ft. Driveway Width 18 ft. A B C D E DE AB C Figure 6.3 Parking and Loading Development Standards Diagrams: Residential 6 - DEVELOPMENT STANDARDS | 51OAK PARK PROPERTIES SPECIFIC PLAN This page intentionally left blank. 7 - IMPLEMENTATION STRATEGIES | 53OAK PARK PROPERTIES SPECIFIC PLAN CHAPTER 7- IMPLEMENTATION AND ADMINISTRATION The California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 et seq.) grants authority to cities to adopt Specific Plans for purposes of implementing the goals and policies of the City’s General Plan. The purpose of this chapter is to provide an outline of the steps necessary to implement the Oak Park Properties Specific Plan (OPPSP) and applicable conditions, mitigation measures and regulations in coordination with the City of Pleasant Hill and other relevant public agencies. The approval of this Specific Plan, certification of an Environmental Impact Report, and adoption of conditions of approval and a Mitigation Monitoring and Reporting Program (MMRP) will assure that timely mitigation of project impacts take place at the appropriate milestones and in accordance with project implementation. 7.1 Applicability All development within the Oak Park Properties Specific Plan area shall comply with the requirements and standards set forth in this Specific Plan document and the accompanying EIR, conditions of approval and Mitigation and Monitoring Report. Where conflicts exist between the standards contained in this Specific Plan and those found in the City of Pleasant Hill General Plan, Planning and Land Use, and Subdivision Ordinance of the Municipal Code, the regulations and standards in this Specific Plan shall take precedence. Any area of site development, administration, review procedures, environmental review, landscaping requirements, sustainability, and regulations not expressly addressed by this Specific Plan document shall be subject to the provisions of the City of Pleasant Hill Municipal Code, using the context and objectives of the Specific Plan as a guide. The regulations, development standards and guidelines as contained in the Specific Plan shall apply in their entirety in the review of development proposals, site plans, and building permits within its boundaries. 7.2 Plan Administration This Specific Plan has been prepared to serve as a tool to implement broad land use, economic development, and related policies included in the Pleasant Hill General Plan. Government Code Sections 65450-65457 call for the Specific Plan to be adopted by the City Council and provide for the systematic implementation of public policy. This Specific Plan includes both a Land Use Plan (LUP) and policies to implement and supplement the LUP, including detailed development standards and design guidelines. Compliance with these policies must be demonstrated at every step in the entitlement process for future site development. In particular, the subsequent review and approval of Permits and Subdivision maps must show consistency with the intent and policies outlined in this document. These and other related permits are to include detailed requirements for implementation of plan policies, including mitigation measures and maintenance requirements. Any proposed project which deviates from these standards and requirements must be carefully evaluated to determine the extent and significance of exemption or plan modification called for. Minor deviations, as determined by the Zoning Administrator, from established development standards and design guidelines (examples include items such as modifying landscape species and sizes, substituting similar building colors and materials, modifying minor architectural features such as awnings, light fixtures and windows, design and screening of mechanical equipment, relocating parking spaces and access ways), may be approved by the Zoning Administrator, and that decision may be appealed to the Architectural Review Commission and/or Planning Commission. If the modifi cation is determined to be major, by the Zoning Administrator, it shall initially be referred for consideration to the Architectural and Planning Commissions for review and recommendations and then to the City Council for fi nal decision. Confl icts with Specific Plan policies and cumulative development and/or land use standards shall be evaluated as part of a modifi cation to the Specific Plan. Both deviations and modifi cations are subject to CEQA, with the later requiring the preparation of an Initial Study and an appropriate environmental document. 7.3 Enforcement The Oak Park Properties Specific Plan serves as the implementation tool for the General Plan and the zoning for the Specific Plan area. The Specific Plan addresses permitted uses, development standards, and project design guidelines. The City shall enforce the provisions of the Specific Plan in the same manner that the City enforces the provisions of the General Plan and the Zoning Ordinance. 54 | CHAPTER 7 - IMPLEMENTATION STRATEGIES OAK PARK PROPERTIES SPECIFIC PLAN 7.4 Specifi c Plan Modifi cations and Amendments Final development plans for each area of the Specifi c Plan may be adjusted or modified based on final design and engineering and the precise development plans of the planning area developer. Documentation of the proposed Specifi c Plan, as modified, to support an implementing map, site plan, or use permit must be submitted for the review and approval of the Zoning Administrator. The Zoning Administrator shall have the authority to determine and approve, on behalf of the City, minor adjustments or modifications, as defined herein, which substantially conform to the approved Specific Plan. Major modifi cations shall be reviewed and approved through the process of a Specifi c Plan Amendment. 7.5 Phasing The Phasing of the two projects within the Oak Park Properties Specifi c Plan are as follows: 7.5.1 CIVIC PROJECT: Construction of the Library and the roadways (Oak Park Boulevard improvements and Monticello Avenue) are anticipated to start in summer 2020 and fi nish the fall of 2021. The contractor for the Civic Project would utilize the proposed athletic fi elds for laydown and storage. Construction of the proposed new athletic fi elds is anticipated to start in the fall of 2020 and fi nish in the fall 2021, respectively. It is assumed that construction would start in June 2020. 7.5.2 RESIDENTIAL PROJECT: Construction of the Residential Project is anticipated to start in June 2020 and fi nish in the summer of 2022. 7.6 CEQA Compliance and Mitigation Monitoring A program of mitigation measures identified in the project’s EIR shall be prepared to mitigate or avoid significant eff ects on the environment. An approved Mitigation Monitoring Program shall insure that the Oak Park Properties Specific Plan complies with all applicable environmental mitigation and permit requirements. The final approved Mitigation Monitoring program shall be established upon EIR certification. 7.7 Financing Mechanism It is expected that a range of funding tools will be tapped to finance development and ongoing operation. The residential component will be privately funded. As noted earlier, responsibility for implementing these tools will fall to the City, other governmental agencies, private entities, and authorized private associations such as a home owners or business associations. The following section describes a general plan of finance for the public improvements, and identifi es possible financing mechanisms to build the identifi ed public improvements. The three public entities (the City of Pleasant Hill, the Pleasant Hill Recreation & Park District, and Contra Costa County) have entered into a Memorandum of Understanding dated August 1, 2018 that, among other things, sets forth a process for anticipated land conveyances for the public projects, estimates improvement costs for the backbone infrastructure, and sets forth an anticipated apportionment of those improvement costs among the parties. The residential component will be privately funded. The following is a list of potential approaches to financing: Pleasant Hill Library The primary source of funding, estimated at $20-$25 million, is expected to be Measure K, the ½ cent sales tax measure passed by the voters of Pleasant Hill, eff ective April 1, 2017. It is expected that the library will be funded out of a combination of direct sales tax proceeds and Lease Revenue Bonds issued and secured by the ½ cent sales tax flow. The expectation is that preliminary and fi nal design costs will be funded by Measure K funds directly, and the construction from Lease Revenue Bond proceeds. 7 - IMPLEMENTATION STRATEGIES | 55OAK PARK PROPERTIES SPECIFIC PLAN Pleasant Hill Recreation & Park District Facilities Recreational improvements, including land acquisition, are estimated in the range of $7 - $10 million. Multiple financing mechanisms are being contemplated. Funding sources could include: • Local Park Dedication funds • District Capital Projects funds • Regional Funds • State Grants • Federal Grants • State Infrastructure Bank (I-Bank) Backbone Infrastructure The backbone infrastructure program includes road, drainage, frontage and traffi c signal improvements that will benefit the development program anticipated for the three sites. Multiple financing mechanisms are being contemplated. As mentioned earlier, the City of Pleasant Hill, the Pleasant Hill Recreation & Park District, and Contra Costa County have entered into a Memorandum of Understanding dated August 1, 2018. Funding sources could include: • Development Impact Fees • Land Secured Funding and Tax Exempt Bonds, such as, Special Benefit Assessment Districts and Mello- Roos Community Facility Districts (CFD) • State Programs, including: • State Infrastructure Bank (I-Bank) • Statewide Community Infrastructure Program (SCIP) • City funding for the City’s proportional share of backbone infrastructure improvements, such as Measure K ½ cent sales tax measure. The Park District’s share of backbone would be paid from the prospective funds identified previously. The County’s share is expected to be paid by the private entity purchasing the property for land development purposes. • Infrastructure Financing Districts (IFD) and Enhanced IFD • Private Financing and Reimbursement Agreement This page intentionally left blank. APPENDIX | 57OAK PARK PROPERTIES SPECIFIC PLAN APPENDIX Relationship to General Plan and Other Relevant Documents The proposed Specifi c Plan is consistent with the City of Pleasant Hill General Plan as explained in the table in Appendix A summarizing the Specifi c Plan’s consistency with applicable policies of the Pleasant Hill 2003 General Plan. 58 | APPENDIX OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ŽŵŵƵŶŝƚLJ ĞǀĞůŽƉŵĞŶƚ ϭ ŶĐŽƵƌĂŐĞĂĞƐƚŚĞƚŝĐĞŶŚĂŶĐĞŵĞŶƚŽĨ ƌĞƐŝĚĞŶƚŝĂůĂƌĞĂƐ͕ǁŚŝůĞƌĞƚĂŝŶŝŶŐƚŚĞ ĐŚĂƌŵĂŶĚĐŚĂƌĂĐƚĞƌŽĨŝŶĚŝǀŝĚƵĂů ŶĞŝŐŚďŽƌŚŽŽĚƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚƌĞƐƵůƚŝŶƚŚĞ ĐŽŶƐƚƌƵĐƚŝŽŶŽĨϯϰƐŝŶŐůĞͲĨĂŵŝůLJŚŽŵĞƐǁŝƚŚƐĞǀĞŶ ĂĐĐĞƐƐŽƌLJĚǁĞůůŝŶŐƵŶŝƚƐ;hƐͿƚŚĂƚǁŽƵůĚďĞ ĐŽŶƐŝƐƚĞŶƚǁŝƚŚƚŚĞƐƵďƵƌďĂŶ͕ƌĞƐŝĚĞŶƚŝĂůĐŚĂƌĂĐƚĞƌŽĨ ƚŚĞƐƵƌƌŽƵŶĚŝŶŐĂƌĞĂ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭ͕ĞƐƚŚĞƚŝĐƐ͕ŽĨ ƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϰ DĂŝŶƚĂŝŶƚŚĞƐƵďƵƌďĂŶƚŽǁŶĂƚŵŽƐƉŚĞƌĞ ŽĨWůĞĂƐĂŶƚ,ŝůů͘ 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ǁŽƵůĚďĞŝŶĨŝůůĚĞǀĞůŽƉŵĞŶƚƐ͘dŚĞƉůĂŶĂƌĞĂŝƐǁĞůů ǁŝƚŚŝŶŝĚĞŶƚŝĨŝĞĚďŽƵŶĚĂƌŝĞƐŽĨƉƵďůŝĐƐĞƌǀŝĐĞƐLJƐƚĞŵƐ ĂŶĚǁŽƵůĚďĞĂďůĞƚŽƌĞĐĞŝǀĞƉƵďůŝĐƐĞƌǀŝĐĞƐĂƚ ĂĐĐĞƉƚĂďůĞƉĞƌĨŽƌŵĂŶĐĞƐƚĂŶĚĂƌĚƐ͘^ĞĞ^ĞĐƚŝŽŶ ϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϭϭ ŶƐƵƌĞƚŚĂƚďĂƐŝĐ;ǁĂƚĞƌ͕ƐĞǁĞƌ͕ĂŶĚƐŽůŝĚ ǁĂƐƚĞͿƐĞƌǀŝĐĞƐĂƌĞƉƌŽǀŝĚĞĚƚŽƉƌŽƉŽƐĞĚ ĚĞǀĞůŽƉŵĞŶƚ͕ĂŶĚƚŚĂƚƚŚĞƉƌŽǀŝƐŝŽŶŽĨ ƚŚŽƐĞƐĞƌǀŝĐĞƐĚŽĞƐŶŽƚũĞŽƉĂƌĚŝnjĞƐĞƌǀŝĐĞ ƚŽĞdžŝƐƚŝŶŐƵƐĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚĞŶƐƵƌĞƚŚĞƉƌŽǀŝƐŝŽŶŽĨĞƐƐĞŶƚŝĂůĐŽŵŵƵŶŝƚLJ ƐĞƌǀŝĐĞƐĂŶĚĨĂĐŝůŝƚŝĞƐƚŽƚŚĞƉƌŽƉŽƐĞĚĚĞǀĞůŽƉŵĞŶƚƐ͘ ^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϱ͕hƚŝůŝƚŝĞƐĂŶĚ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ͕ŽĨ ƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚ͕ĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ APPENDIX | 59OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ϭϰ ĐŬŶŽǁůĞĚŐĞƚŚĂƚĂĐĐĞƐƐƚŽĂŶĞdžĐĞůůĞŶƚ ůŝďƌĂƌLJǁŝƚŚƐƚĂŶĚĂƌĚŚŽƵƌƐŽĨŽƉĞƌĂƚŝŽŶ ŝƐĂŬĞLJĐŽŵƉŽŶĞŶƚŽĨƋƵĂůŝƚLJŽĨůŝĨĞŝŶ ƚŚĞŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗ŶĞǁůŝďƌĂƌLJŝƐďĞŝŶŐĚĞǀĞůŽƉĞĚĂƐƉĂƌƚ ŽĨƚŚĞŝǀŝĐWƌŽũĞĐƚ͘dŚĞƉƌŽƉŽƐĞĚƉƵďůŝĐůŝďƌĂƌLJ ǁŽƵůĚŝŶĐůƵĚĞŬĐŽůůĞĐƚŝŽŶĂƌĞĂƐ͕ŝŶĚŽŽƌĂŶĚ ŽƵƚĚŽŽƌŐĂƚŚĞƌŝŶŐƐƉĂĐĞƐ͕ĂŶŝĚĞĂŝŶĐƵďĂƚŽƌƐƉĂĐĞ͕ ƚĞĐŚŶŽůŽŐLJĂƌĞĂƐ͕ĂŬƐƚŽƌĞ͕ĂŶĚŽƚŚĞƌƐƉĂĐĞƚŽ ƐƵƉƉŽƌƚďƵŝůĚŝŶŐŽƉĞƌĂƚŝŽŶƐĂŶĚŵĂŝŶƚĞŶĂŶĐĞĂŶĚ ǁŽƵůĚŽƉĞƌĂƚĞǁŝƚŚŝŶƚŚĞƐƚĂŶĚĂƌĚŚŽƵƌƐŽĨ ŽƉĞƌĂƚŝŽŶ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϭϳ ĚǀŽĐĂƚĞĂǁŝĚĞƌĂŶŐĞŽĨƌĞĐƌĞĂƚŝŽŶ ƉƌŽŐƌĂŵƐĨŽƌĂůůƐĞŐŵĞŶƚƐŽĨƚŚĞƌĞƐŝĚĞŶƚ ĂŶĚǀŝƐŝƚŽƌƉŽƉƵůĂƚŝŽŶ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚ͛ƐƉƌŽƉŽƐĞĚƉƵďůŝĐ ůŝďƌĂƌLJĂŶĚƉĂƌŬǁŽƵůĚƉƌŽǀŝĚĞĂĚĚŝƚŝŽŶĂůƐƉĂĐĞĨŽƌ ĞĚƵĐĂƚŝŽŶĂŶĚƌĞĐƌĞĂƚŝŽŶƉƌŽŐƌĂŵƐƚŚĂƚǁŽƵůĚƐĞƌǀĞ ĂůůƐĞŐŵĞŶƚƐŽĨƚŚĞƌĞƐŝĚĞŶƚĂŶĚǀŝƐŝƚŽƌƉŽƉƵůĂƚŝŽŶ͘ ^ĞĞ^ĞĐƚŝŽŶƐϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ĂŶĚϯ͘ϭϯ͕ ZĞĐƌĞĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚ ƌĞƉŽƌƚ ĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ Ϯϭ ZĞƋƵŝƌĞƌĞĐůĂŵĂƚŝŽŶŽĨĚĞŐƌĂĚĞĚ ƐƚƌĞĂŵƐ͕ǁĞƚůĂŶĚƐĂŶĚƌŝƉĂƌŝĂŶĂƌĞĂƐ͕ ŝŶĐůƵĚŝŶŐǁŝůĚůŝĨĞŵŝŐƌĂƚŝŽŶĐŽƌƌŝĚŽƌƐ͕ ǁŚĞƌĞƉŽƐƐŝďůĞŝŶĐŽŽƉĞƌĂƚŝŽŶǁŝƚŚƚŚĞ &ůŽŽĚŽŶƚƌŽůŝƐƚƌŝĐƚ͘ ŽŶƐŝƐƚĞŶƚ͗tŝƚŚŝŶ'ƌĂLJƐŽŶƌĞĞŬ͕ƚŚĞŝǀŝĐWƌŽũĞĐƚ ǁŽƵůĚƵƉŐƌĂĚĞĞdžŝƐƚŝŶŐŽƵƚĨĂůůƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϯ͕ ŝŽůŽŐŝĐĂůZĞƐŽƵƌĐĞƐ͕ĂŶĚ^ĞĐƚŝŽŶϯ͘ϴ͕,LJĚƌŽůŽŐLJĂŶĚ tĂƚĞƌYƵĂůŝƚLJ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘  ϮϮ DŝŶŝŵŝnjĞƚŚĞŝŵƉĂĐƚƐŽĨĚĞǀĞůŽƉŵĞŶƚŽŶ ƉůĂŶƚƐĂŶĚĂŶŝŵĂůƐ͕ŝŶĐůƵĚŝŶŐƐĞŶƐŝƚŝǀĞ ŚĂďŝƚĂƚĂŶĚŵŝŐƌĂƚŝŽŶĐŽƌƌŝĚŽƌƐ͘ ŽŶƐŝƐƚĞŶƚ͗ŽƚŚƚŚĞdŽǁŶƐĞŶĚ͛ƐďŝŐͲĞĂƌĞĚďĂƚĂŶĚ ƚŚĞƉĂůůŝĚďĂƚŚĂǀĞƚŚĞƉŽƚĞŶƚŝĂůƚŽŽĐĐƵƌŽŶďŽƚŚƚŚĞ ŝǀŝĐWƌŽũĞĐƚƐŝƚĞĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚƐŝƚĞĚƵĞƚŽ ƚŚĞŵĂƌŐŝŶĂůĨŽƌĂŐŝŶŐŚĂďŝƚĂƚƉƌĞƐĞŶƚǁŝƚŚŝŶƚŚĞƉůĂŶ ĂƌĞĂ͘ĚĚŝƚŝŽŶĂůůLJ͕ďŝƌĚƐƉƌŽƚĞĐƚĞĚƵŶĚĞƌƚŚĞ DŝŐƌĂƚŽƌLJŝƌĚdƌĞĂƚLJĐƚŚĂǀĞƚŚĞƉŽƚĞŶƚŝĂůƚŽŽĐĐƵƌ ǁŝƚŚŝŶƚŚĞƉůĂŶĂƌĞĂďŽƵŶĚĂƌŝĞƐďĂƐĞĚŽŶďŽƚŚ ƐƵŝƚĂďůĞŶĞƐƚŝŶŐĂŶĚĨŽƌĂŐŝŶŐŚĂďŝƚĂƚĨŽƵŶĚǁŝƚŚŝŶ ƚŚĞƉůĂŶĂƌĞĂ͘dŚĞtĞƐƚĞƌŶƉŽŶĚƚƵƌƚůĞŚĂƐƚŚĞ ƉŽƚĞŶƚŝĂůƚŽŽĐĐƵƌǁŝƚŚŝŶƚŚĞŝǀŝĐWƌŽũĞĐƚƐŝƚĞĚƵĞƚŽ ƚŚĞŵĂƌŐŝŶĂůŚĂďŝƚĂƚĨŽƵŶĚǁŝƚŚŝŶ'ƌĂLJƐŽŶƌĞĞŬ͘Ɛ ƐƵĐŚ͕DD/KͲϭĂ;ŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂů WƌŽũĞĐƚͿ͕DD/KͲϭď;ŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂů WƌŽũĞĐƚͿ͕ĂŶĚDD/KͲϭĐ;ŝǀŝĐWƌŽũĞĐƚŽŶůLJͿŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚ͕ǁŽƵůĚ ƌĞĚƵĐĞĂůůŝŵƉĂĐƚƐƚŽůĞƐƐƚŚĂŶƐŝŐŶŝĨŝĐĂŶƚůĞǀĞůƐďLJ ƌĞƋƵŝƌŝŶŐƉƌĞͲĐŽŶƐƚƌƵĐƚŝŽŶƐƵƌǀĞLJƐĂŶĚĂƉƉƌŽƉƌŝĂƚĞ ŵĞĂƐƵƌĞƐŝĨƉƌŽƚĞĐƚĞĚƐƉĞĐŝĞƐĂƌĞĨŽƵŶĚǁŝƚŚŝŶƚŚĞ ƉůĂŶĂƌĞĂ͘ 60 | APPENDIX OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ  Ϯϯ 'ŝǀĞƉƌŝŽƌŝƚLJƚŽĚĞǀĞůŽƉŵĞŶƚƚŚĂƚ ŝŶĐŽƌƉŽƌĂƚĞƐĞŶĞƌŐLJͲĞĨĨŝĐŝĞŶƚĂŶĚ ƌĞƐŽƵƌĐĞĐŽŶƐĞƌǀŝŶŐĚĞƐŝŐŶĂŶĚ ĐŽŶƐƚƌƵĐƚŝŽŶ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂů WƌŽũĞĐƚǁŽƵůĚĐŽŵƉůLJǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂŶĞƌŐLJ ŽĚĞ͕ďLJŝŶĐŽƌƉŽƌĂƚŝŶŐĂƉƉůŝĐĂďůĞĞŶĞƌŐLJĞĨĨŝĐŝĞŶĐLJ ĨĞĂƚƵƌĞƐ͕ĂŶĚǁŽƵůĚŝŶĐŽƌƉŽƌĂƚĞůĂŶĚƐĐĂƉĞƉĂůĞƚƚĞƐ ƚŚĂƚǁŽƵůĚŝŶĐůƵĚĞůŽǁŵĂŝŶƚĞŶĂŶĐĞƚƌĞĞƐ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϲ͕'ƌĞĞŶŚŽƵƐĞ'ĂƐŵŝƐƐŝŽŶƐĂŶĚŶĞƌŐLJ͕ ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ Ϯϯ ^ƵƉƉŽƌƚĂŶĚĞdžƉĂŶĚƌĞĐLJĐůŝŶŐƉƌŽŐƌĂŵƐ ĨŽƌƌĞƐŝĚĞŶƚŝĂů͕ĐŽŵŵĞƌĐŝĂůĂŶĚŝŶĚƵƐƚƌŝĂů ƵƐĞƐ͕ǁŝƚŚƚŚĞŐŽĂůŽĨĂƚƚĂŝŶŝŶŐƚŚĞ ŵĂŶĚĂƚĞĚϱϬƉĞƌĐĞŶƚĚŝǀĞƌƐŝŽŶƌĂƚĞ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽĐŽŵƉůLJǁŝƚŚĂůůƌĞĐLJĐůŝŶŐ ŵĂŶĚĂƚĞƐƵŶĚĞƌ^ƚĂƚĞĂŶĚůŽĐĂůůĂǁƐŝŶĐůƵĚŝŶŐ WůĞĂƐĂŶƚ,ŝůůDƵŶŝĐŝƉĂůŽĚĞ͕ŚĂƉƚĞƌϭϰ͘ϰϬ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϭϱ͕hƚŝůŝƚŝĞƐĂŶĚ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ Ϯϱ WƵƌƐƵĞŵĞƚŚŽĚƐƚŽŵĂŝŶƚĂŝŶŚŝƐƚŽƌŝĐ ƐƚƌƵĐƚƵƌĞƐĂŶĚĂƉƉƌŽƉƌŝĂƚĞůLJĚĞƐŝŐŶĂƚĞ ĂŶĚƉƌŽƚĞĐƚĂĚĚŝƚŝŽŶĂůŚŝƐƚŽƌŝĐĂŶĚ ĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞƐƚŚĂƚŵĂLJĞdžŝƐƚŝŶƚŚĞ ŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝƚLJŚĂƐƉƵƌƐƵĞĚŵĞƚŚŽĚƐƚŽ ŵĂŝŶƚĂŝŶŚŝƐƚŽƌŝĐƐƚƌƵĐƚƵƌĞƐĂŶĚĂƉƉƌŽƉƌŝĂƚĞůLJ ĚĞƐŝŐŶĂƚĞĂŶĚƉƌŽƚĞĐƚĂĚĚŝƚŝŽŶĂůŚŝƐƚŽƌŝĐĂŶĚ ĐƵůƚƵƌĂůƌĞƐŽƵƌĐĞƐƚŚĂƚŵĂLJĞdžŝƐƚŝŶƚŚĞŝƚLJ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϰ͕ƵůƚƵƌĂůZĞƐŽƵƌĐĞƐ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘  Ϯ &ĂĐŝůŝƚĂƚĞƌĞƵƐĞŽĨƵŶĚĞƌƵƚŝůŝnjĞĚƉĂƌĐĞůƐ ǁŚĞŶĂƉƉƌŽƉƌŝĂƚĞ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚǁŽƵůĚĂůůŽǁĨŽƌ ĂĚĚŝƚŝŽŶĂů͕ǀŝĂďůĞƐĞŵŝͲƉƵďůŝĐĂŶĚŝŶƐƚŝƚƵƚŝŽŶĂůĂŶĚ ƌĞĐƌĞĂƚŝŽŶĂůƵƐĞƐŽŶĂŶƵŶĚĞƌƵƚŝůŝnjĞĚŝŶĨŝůůƐŝƚĞ͘/Ŷ ĂĚĚŝƚŝŽŶ͕ƚŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚƉƌŽǀŝĚĞ ĂĚĚŝƚŝŽŶĂůŚŽƵƐŝŶŐŝŶĂŶƵƌďĂŶŝnjĞĚĂƌĞĂ͘^ĞĞ^ĞĐƚŝŽŶ ϯ͘ϭϭ͕WŽƉƵůĂƚŝŽŶĂŶĚ,ŽƵƐŝŶŐŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚ͘ ϰ ŶƐƵƌĞƚŚĂƚƚŚĞĐŽƐƚŽĨŶĞǁ ĚĞǀĞůŽƉŵĞŶƚ͕ŝŶĐůƵĚŝŶŐŶĞĐĞƐƐĂƌLJƉƵďůŝĐ ŝŵƉƌŽǀĞŵĞŶƚƐ͕ŝƐƐŚĂƌĞĚĞƋƵŝƚĂďůLJďLJ ƉƌŽũĞĐƚƉƌŽƉŽŶĞŶƚƐ͘ ŽŶƐŝƐƚĞŶƚ͗LJƌĞĚĞǀĞůŽƉŝŶŐĂĐƵƌƌĞŶƚůLJ ƵŶĚĞƌƵƚŝůŝnjĞĚĂŶĚƉĂƌƚŝĂůůLJǀĂĐĂŶƚƐŝƚĞǁŝƚŚŝŶƚŚĞ ŝƚLJ͛ƐƵƌďĂŶŝnjĞĚĂƌĞĂ͕ƚŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚƚŚĞ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚƉƌŽŵŽƚĞƚŚĞŽƌĚĞƌůLJĂŶĚ ĞĨĨŝĐŝĞŶƚƵƐĞŽĨůĂŶĚ͘WƵƌƐƵĂŶƚƚŽƚŚĞƐŝŐŶĞĚ DĞŵŽƌĂŶĚƵŵŽĨhŶĚĞƌƐƚĂŶĚŝŶŐďĞƚǁĞĞŶƚŚĞŝƚLJ͕ ŽƵŶƚLJ͕ĂŶĚZĞĐƌĞĂƚŝŽŶĂŶĚWĂƌŬƐŝƐƚƌŝĐƚ;ZWͿ͕ ďŽƚŚƉƌŽũĞĐƚƐǁŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽƐĂƚŝƐĨLJĂůů ĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐĂŶĚƌĞƋƵŝƌĞŵĞŶƚƐŝŵƉŽƐĞĚďLJ ƚŚĞŝƚLJǁŝƚŚƌĞƐƉĞĐƚƚŽŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚƉƵďůŝĐ ƐĞƌǀŝĐĞƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕^ĞĐƚŝŽŶ ϯ͘ϭϰ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ĂŶĚ^ĞĐƚŝŽŶϯ͘ϭϱ͕hƚŝůŝƚŝĞƐĂŶĚ ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚ ĂŶĂůLJƐŝƐ͘ APPENDIX | 61OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ŝƌĐƵůĂƚŝŽŶϭ DĂŝŶƚĂŝŶƌŝŐŚƚƐͲŽĨͲǁĂLJĂƚĐƵƌƌĞŶƚǁŝĚƚŚƐ͕ ĞdžĐĞƉƚĂƐŶĞĐĞƐƐĂƌLJƚŽƌĞůŝĞǀĞƐƉĞĐŝĨŝĐ ĂƌĞĂƐŽĨĐŽŶŐĞƐƚŝŽŶ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚŝŶĐůƵĚĞƐŝŶĨƌĂƐƚƌƵĐƚƵƌĞ ŝŵƉƌŽǀĞŵĞŶƚƐƚŽDŽŶƚŝĐĞůůŽǀĞŶƵĞĂŶĚKĂŬWĂƌŬ ŽƵůĞǀĂƌĚ͘dŚĞƐĞƌŽĂĚǁĂLJŝŵƉƌŽǀĞŵĞŶƚƐǁŽƵůĚ ŵĂŝŶƚĂŝŶƚŚĞƌŝŐŚƚƐͲŽĨͲǁĂLJĂƚĐƵƌƌĞŶƚǁŝĚƚŚƐ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϭϰ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ Ϯ ĞǀĞůŽƉĂĐŽŶŶĞĐƚĞĚƐLJƐƚĞŵŽĨƐƚƌĞĞƚ͕ ƌŽĂĚƐ͕ĂŶĚŚŝŐŚǁĂLJƐƚŚĂƚƉƌŽǀŝĚĞƐ ĐŽŶƚŝŶƵŽƵƐ͕ƐĂĨĞĂŶĚĐŽŶǀĞŶŝĞŶƚŵƵůƚŝͲ ŵŽĚĂůƚƌĂǀĞůŽƉƚŝŽŶƐĨŽƌĂůůƚLJƉĞƐŽĨ ƵƐĞƌƐƚŚƌŽƵŐŚŽƵƚƚŚĞŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗KŶĞŽĨƚŚĞŽďũĞĐƚŝǀĞƐŽĨƚŚĞŝǀŝĐ WƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚŝƐƚŽĞŶƐƵƌĞ ĚĞǀĞůŽƉŵĞŶƚŽĨƚŚĞŶĞĞĚĞĚďŝŬĞͬƉĞĚĞƐƚƌŝĂŶ ĨĂĐŝůŝƚŝĞƐ͕ĂŶĚŽƚŚĞƌƉƵďůŝĐƌŽĂĚǁĂLJŝŶĨƌĂƐƚƌƵĐƚƵƌĞƚŽ ĨĂĐŝůŝƚĂƚĞĂůŽŐŝĐĂůĂŶĚƐĂĨĞƚƌĂŶƐƉŽƌƚĂƚŝŽŶƐLJƐƚĞŵ ƚŚĂƚďĂůĂŶĐĞƐƚŚĞŽǀĞƌĂůůŶĞĞĚƐŽĨǀĞŚŝĐůĞƐ͕ďŝĐLJĐůĞ͕ ĂŶĚƉĞĚĞƐƚƌŝĂŶƐŝŶƚŚĞĂƌĞĂĂŶĚĂĚĚƌĞƐƐŬĞLJƚƌĂĨĨŝĐ ĐŝƌĐƵůĂƚŝŽŶŝƐƐƵĞƐǁŝƚŚŝŶƚŚĞƉůĂŶĂƌĞĂďŽƵŶĚĂƌLJ͘/Ŷ ĂĚĚŝƚŝŽŶ͕ĂŶƵƉŐƌĂĚĞĚƚƌĂĨĨŝĐƐŝŐŶĂůǁŽƵůĚďĞ ŝŶƐƚĂůůĞĚĂƚƚŚĞKĂŬWĂƌŬŽƵůĞǀĂƌĚͬDŽŶƚŝĐĞůůŽ ǀĞŶƵĞŝŶƚĞƌƐĞĐƚŝŽŶ͕ǁŝƚŚĨƵŶĚŝŶŐƉƌŽǀŝĚĞĚŽŶĂĨĂŝƌ ƐŚĂƌĞďĂƐŝƐĂĐĐŽƌĚŝŶŐƚŽĞĂĐŚƉƌŽũĞĐƚ͛ƐƚƌŝƉ ŐĞŶĞƌĂƚŝŽŶĂŶĚĚŝƐƚƌŝďƵƚŝŽŶ͘tŝƚŚƌĞƐƉĞĐƚƚŽƚŚĞ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ͕ƚŚĞƌĞƐŝĚĞŶƚŝĂůŚŽŵĞƐǁŽƵůĚďĞ ĂĐĐĞƐƐĞĚŽĨĨƚŚĞŝŶƚĞƌŶĂůƐƚƌĞĞƚŽƌƐŵĂůůĞƌůĂŶĞƐƚŚĂƚ ƐĞƌǀĞŶŽƚŵŽƌĞƚŚĂŶƐŝdžŚŽŵĞƐ͘dŚĞƐŵĂůůĞƌůĂŶĞƐ ĂƌĞŽƌŐĂŶŝnjĞĚƚŽĂůůŽǁƚŚĞŚŽŵĞƐƚŽďĞĐůƵƐƚĞƌĞĚ ƉƌŽǀŝĚŝŶŐĂŶŝŶƚŝŵĂƚĞĂŶĚůĞƐƐĂƵƚŽͲĐĞŶƚƌŝĐ ĐŽŵŵƵŶŝƚLJ͕ǁŚŝůĞƉƌŽǀŝĚŝŶŐĂŵƉůĞƐƉĂĐĞĨŽƌƚŚĞ ǀŽůƵŵĞŽĨƚƌĂĨĨŝĐƚŚĞLJǁŝůůƐĞƌǀĞ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϰ͕ dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚ ĂŶĂůLJƐŝƐ͘ ϲ ŶĐŽƵƌĂŐĞƵƐĞŽĨďƵƐĂŶĚƌĂŝůƐĞƌǀŝĐĞĨŽƌ ůŽĐĂůĂŶĚƌĞŐŝŽŶĂůƚƌĂǀĞů͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚďĞůŽĐĂƚĞĚĂĚũĂĐĞŶƚƚŽƚǁŽďƵƐƐƚŽƉƐ;ŽƵŶƚLJ ŽŶŶĞĐƚŝŽŶƵƐZŽƵƚĞEŽ͘ϵͿ͘ƐĂƌĞƐƵůƚ͕ƚŚĞŝǀŝĐ WƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚĂƌĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚ ƚŚŝƐƉŽůŝĐLJďĞĐĂƵƐĞƚŚĞLJǁŽƵůĚďĞǁŝƚŚŝŶǁĂůŬŝŶŐ ĚŝƐƚĂŶĐĞŽĨƚǁŽďƵƐƐƚŽƉƐĂŶĚĞŶĐŽƵƌĂŐĞƚŚĞƵƐĞŽĨ ůŽĐĂůďƵƐƐĞƌǀŝĐĞ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϰ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ 62 | APPENDIX OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ϳ DĂŝŶƚĂŝŶĂŶĚƵƉŐƌĂĚĞƚŚĞŝƚLJ͛ƐďŝŬĞǁĂLJ ƐLJƐƚĞŵ ŽŶƐŝƐƚĞŶƚ͗dŚĞŶĞĂƌĞƐƚďŝĐLJĐůĞĨĂĐŝůŝƚŝĞƐƚŽƚŚĞƉůĂŶ ĂƌĞĂĂƌĞƚŚĞDhdƌĂŝů͕ĂůĂƐƐϭďŝŬĞƉĂƚŚƚŚĂƚ ƌƵŶƐĂĚũĂĐĞŶƚƚŽƚŚĞĞĂƐƚďŽƵŶĚĂƌLJŽĨƚŚĞŝǀŝĐ WƌŽũĞĐƚĂůŽŶŐ'ƌĂLJƐŽŶƌĞĞŬĂŶĚĂůĂƐƐϯďŝŬĞ ƌŽƵƚĞĂůŽŶŐKĂŬWĂƌŬŽƵůĞǀĂƌĚ͘EĞŝƚŚĞƌƚŚĞŝǀŝĐ WƌŽũĞĐƚŶŽƌƚŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚƌĞŵŽǀĞ ĞdžŝƐƚŝŶŐďŝĐLJĐůĞŝŶĨƌĂƐƚƌƵĐƚƵƌĞ͘dŚĞŝǀŝĐWƌŽũĞĐƚ ǁŽƵůĚŝŶĐůƵĚĞĂŶĞǁďŝĐLJĐůĞůĂŶĞŽŶƚŚĞŝŵƉƌŽǀĞĚ ƉŽƌƚŝŽŶŽĨDŽŶƚŝĐĞůůŽǀĞŶƵĞ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϰ͕ dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚ ĂŶĂůLJƐŝƐ͘ ϴ DĂŝŶƚĂŝŶĂŶĚƵƉŐƌĂĚĞƚŚĞŝƚLJ͛Ɛ ƉĞĚĞƐƚƌŝĂŶƐLJƐƚĞŵďLJŝŶƐƚĂůůŝŶŐŽƌ ƵƉŐƌĂĚŝŶŐƐŝĚĞǁĂůŬƐ͕ǁĂƌŶŝŶŐĚĞǀŝĐĞƐ͕ ĐƌŽƐƐǁĂůŬƐ͕ĂŶĚŽƚŚĞƌƉĞĚĞƐƚƌŝĂŶĂŝĚƐ ǁŚĞƌĞĂƉƉƌŽƉƌŝĂƚĞ͕ŝŶĐůƵĚŝŶŐƉĂƌƚŝĐƵůĂƌ ĐŽŶƐŝĚĞƌĂƚŝŽŶĨŽƌƚŚĞŶĞĞĚƐŽĨ ƉĞĚĞƐƚƌŝĂŶƐǁŝƚŚůŝŵŝƚĞĚŵŽďŝůŝƚLJĂŶĚͬŽƌ ĚŝƐĂďŝůŝƚŝĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗^ŝĚĞǁĂůŬĐŽǀĞƌĂŐĞŝƐŶŽƚĐŽŶƐŝƐƚĞŶƚ ǁŝƚŚŝŶƚŚĞƉůĂŶĂƌĞĂ͕ĂŶĚƚŚĞƌĞĂƌĞŐĂƉƐĂůŽŶŐ ƐĞĐƚŝŽŶƐŽĨKĂŬWĂƌŬŽƵůĞǀĂƌĚ͕ĂŶĚDŽŶƚŝĐĞůůŽ ǀĞŶƵĞŝŶƚŚĞŝŵŵĞĚŝĂƚĞǀŝĐŝŶŝƚLJ͘dŚĞŝǀŝĐWƌŽũĞĐƚ ǁŽƵůĚƉƌŽǀŝĚĞŝŵƉƌŽǀĞĚƉĞĚĞƐƚƌŝĂŶĨĂĐŝůŝƚŝĞƐĂŶĚ ƉĞĚĞƐƚƌŝĂŶĐŽŶŶĞĐƚŝǀŝƚLJ͘dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚŝŶĐůƵĚĞƉĞĚĞƐƚƌŝĂŶƉĂƚŚƐƚŚƌŽƵŐŚŽƵƚƚŚĞƐŝƚĞ͘ ^ĞĞĐŽŶƐŝƐƚĞŶĐLJĂŶĂůLJƐŝƐĨŽƌŝƌĐƵůĂƚŝŽŶWŽůŝĐLJϮ ĂŶĚ^ĞĐƚŝŽŶϯ͘ϭϰ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϵ /ŵƉƌŽǀĞƐŝĚĞǁĂůŬƐƚŽĨĂĐŝůŝƚĂƚĞĂĐĐĞƐƐďLJ ƉĞƌƐŽŶƐǁŝƚŚĚŝƐĂďŝůŝƚŝĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŽĂĐĐŽŵŵŽĚĂƚĞĂůůƵƐĞƌƐŽĨƚŚĞƐƚƌĞĞƚ ƐLJƐƚĞŵĂŶĚƉƌŽǀŝĚĞĐŽŵƉůĞƚĞĂŶĚĐŽŶŶĞĐƚĞĚ ƉĞĚĞƐƚƌŝĂŶĨĂĐŝůŝƚŝĞƐ͕ƚŚĞŝǀŝĐWƌŽũĞĐƚǁŽƵůĚŝŶĐůƵĚĞ ƐŝĚĞǁĂůŬŝŵƉƌŽǀĞŵĞŶƚƐǁŝƚŚŝŶƚŚĞŝŵƉƌŽǀĞŵĞŶƚƐƚŽ DŽŶƚŝĐĞůůŽǀĞŶƵĞĂŶĚKĂŬWĂƌŬŽƵůĞǀĂƌĚŝŶ ĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞŝƚLJŽĨWůĞĂƐĂŶƚ,ŝůů ^ƚĂŶĚĂƌĚƐ͕ĂŶĚƚŚĞĚĞƐŝŐŶǁŽƵůĚŵĞĞƚŵĞƌŝĐĂŶƐ ǁŝƚŚŝƐĂďŝůŝƚŝĞƐĐƚ;ͿƌĞƋƵŝƌĞŵĞŶƚƐ͘dŚĞ ƉĞĚĞƐƚƌŝĂŶƉĂƚŚƐƚŽďĞĐŽŶƐƚƌƵĐƚĞĚǁŝƚŚŝŶƚŚĞ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚĂůƐŽďĞĚĞǀĞůŽƉĞĚŝŶ ĂĐĐŽƌĚĂŶĐĞǁŝƚŚĂƉƉůŝĐĂďůĞŝƚLJŽĨWůĞĂƐĂŶƚ,ŝůů ^ƚĂŶĚĂƌĚƐ͕ĂŶĚƚŚĞŝƌĚĞƐŝŐŶǁŽƵůĚŵĞĞƚ ƌĞƋƵŝƌĞŵĞŶƚƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϰ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨ ƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ APPENDIX | 63OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ 'ƌŽǁƚŚ DĂŶĂŐĞŵĞŶƚ ϭ WƌŽŵŽƚĞŽƌĚĞƌůLJĂŶĚĞĨĨŝĐŝĞŶƚŐƌŽǁƚŚŝŶ ĞdžŝƐƚŝŶŐƵƌďĂŶĂƌĞĂƐĂŶĚƉƌŽƚĞĐƚŽƉĞŶ ƐƉĂĐĞďLJĂĚŚĞƌŝŶŐƚŽƚŚĞ΀ŝƚLJ΁hƌďĂŶ >ŝŵŝƚ>ŝŶĞ͘ ŽŶƐŝƐƚĞŶƚ͗LJƌĞĚĞǀĞůŽƉŝŶŐĂĐƵƌƌĞŶƚůLJ ƵŶĚĞƌƵƚŝůŝnjĞĚĂŶĚƉĂƌƚŝĂůůLJǀĂĐĂŶƚƐŝƚĞǁŝƚŚŝŶƚŚĞ ŝƚLJ͛ƐƵƌďĂŶŝnjĞĚĂƌĞĂ͕ƚŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚƉƌŽŵŽƚĞŽƌĚĞƌůLJĂŶĚ ĞĨĨŝĐŝĞŶƚŐƌŽǁƚŚ͘ ϭ ^ƵƉƉŽƌƚŝŶĨŝůůĂŶĚƌĞĚĞǀĞůŽƉŵĞŶƚŝŶ ĞdžŝƐƚŝŶŐƵƌďĂŶĂƌĞĂƐĂŶĚĂƌŽƵŶĚŬĞLJ ƚƌĂŶƐŝƚĨĂĐŝůŝƚŝĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗^ĞĞĐŽŶƐŝƐƚĞŶĐLJĂŶĂůLJƐŝƐĨŽƌ'ƌŽǁƚŚ DĂŶĂŐĞŵĞŶƚWŽůŝĐLJϰĂŶĚϰ͕ĂŶĚ^ĞĐƚŝŽŶϯ͘ϭϰ͕ dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚ ĂŶĂůLJƐŝƐ͘ ϭ ^ƚƌŝǀĞƚŽĞŶƐƵƌĞƚŚĞĂǀĂŝůĂďŝůŝƚLJŽĨ ĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚŝŶĐůƵĚĞ ϯϰƐŝŶŐůĞͲĨĂŵŝůLJŚŽŵĞƐǁŝƚŚƐĞǀĞŶĂĐĐĞƐƐŽƌLJ ĚĞǀĞůŽƉŵĞŶƚƵŶŝƚƐĂŶĚǁŽƵůĚƚŚĞƌĞĨŽƌĞĨƵůĨŝůůƚŚŝƐ ƌĞƋƵŝƌĞŵĞŶƚ͘ Ϯ ZĞƋƵŝƌĞƚŚĂƚŶĞǁĚĞǀĞůŽƉŵĞŶƚƉĂLJŝƚƐ ƐŚĂƌĞŽĨĐŽƐƚƐĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚĞŽǀĞƌĂůů ŐƌŽǁƚŚŝŶƚŚĞƌĞŐŝŽŶ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽƐĂƚŝƐĨLJĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ ĂŶĚƌĞƋƵŝƌĞŵĞŶƚƐŝŵƉŽƐĞĚďLJƚŚĞŝƚLJǁŝƚŚƌĞƐƉĞĐƚ ƚŽŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚƉƵďůŝĐƐĞƌǀŝĐĞƐ͕ŝŶĐůƵĚŝŶŐƚŚĞ ĐŽŶƐƚƌƵĐƚŝŽŶŽƌĞŶŚĂŶĐĞŵĞŶƚŽĨĞdžŝƐƚŝŶŐĨĂĐŝůŝƚŝĞƐ͕ ĂŶĚͬŽƌƚŚĞƉĂLJŵĞŶƚŽĨĚĞǀĞůŽƉŵĞŶƚĨĞĞƐ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ĂŶĚ^ĞĐƚŝŽŶϯ͘ϭϱ͕ hƚŝůŝƚŝĞƐĂŶĚ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ Ϯ ZĞƋƵŝƌĞƚŚĂƚĂůůĚĞǀĞůŽƉŵĞŶƚƉƌŽũĞĐƚƐ ĐŽŵƉůLJǁŝƚŚƚŚĞŝƚLJ͛ƐƉĞƌĨŽƌŵĂŶĐĞ ƐƚĂŶĚĂƌĚƐĨŽƌĨŝƌĞ͕ƉŽůŝĐĞ͕ƉĂƌŬƐ͕ǁĂƚĞƌ͕ ĨůŽŽĚĐŽŶƚƌŽů͕ƐĂŶŝƚĂƌLJƐĞǁĞƌ͕ĂŶĚ ƚƌĂŶƐƉŽƌƚĂƚŝŽŶĨĂĐŝůŝƚŝĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚďĞƌĞƋƵŝƌĞĚƚŽƐĂƚŝƐĨLJĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐ ĂŶĚƌĞƋƵŝƌĞŵĞŶƚƐŝŵƉŽƐĞĚďLJƚŚĞŝƚLJǁŝƚŚƌĞƐƉĞĐƚƚŽ ŝŶĨƌĂƐƚƌƵĐƚƵƌĞ͕ƉƵďůŝĐƐĞƌǀŝĐĞƐ͕ĂŶĚƚƌĂŶƐƉŽƌƚĂƚŝŽŶ ĨĂĐŝůŝƚŝĞƐ͕ŝŶĐůƵĚŝŶŐƚŚĞĐŽŶƐƚƌƵĐƚŝŽŶŽƌĞŶŚĂŶĐĞŵĞŶƚ ŽĨĞdžŝƐƚŝŶŐĨĂĐŝůŝƚŝĞƐ͕ĂŶĚͬŽƌƚŚĞƉĂLJŵĞŶƚŽĨ ĚĞǀĞůŽƉŵĞŶƚĨĞĞƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ ^ĞĐƚŝŽŶϯ͘ϭϰ͕dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ĂŶĚ^ĞĐƚŝŽŶϯ͘ϭϱ͕ hƚŝůŝƚŝĞƐĂŶĚ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ 64 | APPENDIX OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ϯ ŽŶƐŝĚĞƌƚŚĞŶĞĞĚƐŽĨǀĞŚŝĐůĞƐ͕ďŝĐLJĐůĞ͕ ĂŶĚƉĞĚĞƐƚƌŝĂŶƐŽŶĂůůĐŝƚLJƌŽĂĚǁĂLJƐĂŶĚ ĨĂĐŝůŝƚŝĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚďĞůŽĐĂƚĞĚĂĚũĂĐĞŶƚƚŽƚǁŽďƵƐƐƚŽƉƐ;ŽƵŶƚLJ ŽŶŶĞĐƚŝŽŶƵƐZŽƵƚĞEŽ͘ϵͿ͘ƐĂƌĞƐƵůƚ͕ƚŚĞŝǀŝĐ WƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚĂƌĞĐŽŶƐŝƐƚĞŶƚǁŝƚŚ ƚŚŝƐƉŽůŝĐLJďĞĐĂƵƐĞƚŚĞLJǁŽƵůĚďĞǁŝƚŚŝŶǁĂůŬŝŶŐ ĚŝƐƚĂŶĐĞŽĨƚŚĞƐĞƚƌĂŶƐŝƚĐŽŶŶĞĐƚŝŽŶƐ͘/ŶĂĚĚŝƚŝŽŶ͕ ƚŚĞŶĞĂƌĞƐƚďŝĐLJĐůĞĨĂĐŝůŝƚŝĞƐƚŽƚŚĞƉůĂŶĂƌĞĂĂƌĞƚŚĞ DhdƌĂŝů͕ĂůĂƐƐϭďŝŬĞƉĂƚŚ͕ƌƵŶƐĂĚũĂĐĞŶƚƚŽ ƚŚĞĞĂƐƚďŽƵŶĚĂƌLJŽĨƚŚĞŝǀŝĐWƌŽũĞĐƚĂůŽŶŐ 'ƌĂLJƐŽŶƌĞĞŬĂŶĚĂůĂƐƐϯďŝŬĞƌŽƵƚĞĂůŽŶŐKĂŬ WĂƌŬŽƵůĞǀĂƌĚ͘dŚĞdƌĂŶƐƉŽƌƚĂƚŝŽŶ/ŵƉĂĐƚ^ƚƵĚLJ ;d/^ͿĐŽŶĐůƵĚĞĚƚŚĂƚƚŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚĐŽƵůĚŚĂǀĞĐŽŶƐƚƌƵĐƚŝŽŶͲƌĞůĂƚĞĚ ŝŵƉĂĐƚƐƚŽǀĞŚŝĐůĞƐĂŶĚŝŶĐůƵĚĞƐŵŝƚŝŐĂƚŝŽŶƚŽ ĂĚĚƌĞƐƐƚŚŽƐĞƉŽƚĞŶƚŝĂůŝŵƉĂĐƚƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϰ͕ dƌĂŶƐƉŽƌƚĂƚŝŽŶ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚ ĂŶĂůLJƐŝƐ͘ ^ĂĨĞƚLJĂŶĚEŽŝƐĞϭ DĂŝŶƚĂŝŶĂŶĚƵƉŐƌĂĚĞƚŚĞŝƚLJ͛ƐĚƌĂŝŶĂŐĞ ƐLJƐƚĞŵ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚǁŽƵůĚŝŶĐůƵĚĞ ƵƉŐƌĂĚĞƐƚŚƌĞĞĞdžŝƐƚŝŶŐŽƵƚĨĂůůƐǁŝƚŚŝŶ'ƌĂLJƐŽŶ ƌĞĞŬ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϴ͕,LJĚƌŽůŽŐLJĂŶĚtĂƚĞƌ YƵĂůŝƚLJ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚ ƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϭ ZĞĚƵĐĞĨůŽŽĚĚĂŵĂŐĞƉŽƚĞŶƚŝĂůŝŶĂƌĞĂƐ ŬŶŽǁŶƚŽďĞƉƌŽŶĞƚŽĨůŽŽĚŝŶŐ͘ ŽŶƐŝƐƚĞŶƚ͗^ĞĞϭĂďŽǀĞ͘ ϯ ŶƐƵƌĞƚŚĂƚƐƚƌƵĐƚƵƌĞƐ ĂƌĞĚĞƐŝŐŶĞĚĂŶĚ ůŽĐĂƚĞĚƚŽǁŝƚŚƐƚĂŶĚƐƚƌŽŶŐŐƌŽƵŶĚ ƐŚĂŬŝŶŐ͕ůŝƋƵĞĨĂĐƚŝŽŶĂŶĚƐĞŝƐŵŝĐ ƐĞƚƚůĞŵĞŶƚ͘ ŽŶƐŝƐƚĞŶƚ͗^ƚƌƵĐƚƵƌĞƐǁŽƵůĚĐŽŵƉůLJǁŝƚŚƚŚĞ ĂƉƉůŝĐĂďůĞĂůŝĨŽƌŶŝĂƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐŽĚĞ ƉƌŽǀŝƐŝŽŶƐ͘/ŶĂĚĚŝƚŝŽŶ͕ƉƌŝŽƌƚŽŐƌĂĚŝŶŐƉĞƌŵŝƚƐ͕ƚŚĞ ŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚ ŝŶĐŽƌƉŽƌĂƚĞƚŚĞŝƌƌĞƐƉĞĐƚŝǀĞƐŝƚĞͲƐƉĞĐŝĨŝĐŐĞŽƚĞĐŚŶŝĐĂů ƌĞƉŽƌƚƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϱ͕'ĞŽůŽŐLJĂŶĚ^ŽŝůƐ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϰ ŶŚĂŶĐĞƚŚĞĂďŝůŝƚLJŽĨƚŚĞ&ŝƌĞŝƐƚƌŝĐƚƚŽ ƌĞƐƉŽŶĚƚŽĂŶĚƐƵƉƉƌĞƐƐĨŝƌĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚŝƐ/ZƐĞƚƐĨŽƌƚŚƐƚĂŶĚĂƌĚƐƌĞƋƵŝƌŝŶŐ ƐƚƌƵĐƚƵƌĞƐĂŶĚŽƚŚĞƌŝŵƉƌŽǀĞŵĞŶƚƐƚŽĐŽŵƉůLJǁŝƚŚ ƚŚĞĂƉƉůŝĐĂďůĞĂůŝĨŽƌŶŝĂƵŝůĚŝŶŐ^ƚĂŶĚĂƌĚƐŽĚĞ ƉƌŽǀŝƐŝŽŶƐƌĞůĂƚĞĚƚŽĨŝƌĞƐĂĨĞƚLJ͘/ŶĂĚĚŝƚŝŽŶ͕ƚŚĞƉůĂŶ ĂƌĞĂŝƐǁŝƚŚŝŶĂŶƵƌďĂŶŝnjĞĚĂƌĞĂĂŶĚŝƐϬ͘ϳϱŵŝůĞ ĨƌŽŵƚŚĞŶĞĂƌĞƐƚĨŝƌĞƐƚĂƚŝŽŶ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϮ͕ WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂů ŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ APPENDIX | 65OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ϲ ƐƐŝƐƚŝŶƚŚĞƉƌŽƚĞĐƚŝŽŶĂŶĚŵŽŶŝƚŽƌŝŶŐ ŽĨǁĂƚĞƌƋƵĂůŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚŝŵƉůĞŵĞŶƚĂƉƉůŝĐĂďůĞƐƚŽƌŵǁĂƚĞƌƉŽůůƵƚŝŽŶ ƉƌĞǀĞŶƚŝŽŶŵĞĂƐƵƌĞƐƚŽƉƌŽƚĞĐƚǁĂƚĞƌƋƵĂůŝƚLJ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϭϴ͕,LJĚƌŽůŽŐLJĂŶĚtĂƚĞƌYƵĂůŝƚLJ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϳ ZĞƋƵŝƌĞŶĞǁĚĞǀĞůŽƉŵĞŶƚƉƌŽũĞĐƚƐƚŽďĞ ĚĞƐŝŐŶĞĚĂŶĚĐŽŶƐƚƌƵĐƚĞĚƚŽŵĞĞƚ ĂĐĐĞƉƚĂďůĞŶŽŝƐĞůĞǀĞůƐƚĂŶĚĂƌĚƐĂĚŽƉƚĞĚ ďLJƚŚĞŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗ŽƚŚƚŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂů WƌŽũĞĐƚĂƌĞĚĞƐŝŐŶĞĚƚŽŵĞĞƚĂĐĐĞƉƚĂďůĞŶŽŝƐĞůĞǀĞů ƐƚĂŶĚĂƌĚƐĂĚŽƉƚĞĚƚŚĞŝƚLJ͘  dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚŝŶĐůƵĚĞƐĂĚĚŝƚŝŽŶĂůƐŽƵŶĚ ĂƚƚĞŶƵĂƚŝŽŶĨŽƌŚŽŵĞƐĂůŽŶŐKĂŬWĂƌŬŽƵůĞǀĂƌĚ͕ĂƐ ŝĚĞŶƚŝĨŝĞĚŝŶ^ĞĐƚŝŽŶϯ͘ϭϬ͕EŽŝƐĞŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚ͘  tŝƚŚŵŝƚŝŐĂƚŝŽŶ͕ŶĞŝƚŚĞƌƚŚĞŝǀŝĐWƌŽũĞĐƚŶŽƌƚŚĞ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚƌĞƐƵůƚŝŶĞdžƉŽƐƵƌĞŽĨ ƉĞƌƐŽŶƐƚŽŽƌŐĞŶĞƌĂƚŝŽŶŽĨŶŽŝƐĞůĞǀĞůƐŝŶĞdžĐĞƐƐŽĨ ƐƚĂŶĚĂƌĚƐĞƐƚĂďůŝƐŚĞĚŝŶƚŚĞůŽĐĂůŐĞŶĞƌĂůƉůĂŶŽƌ ŶŽŝƐĞŽƌĚŝŶĂŶĐĞ͕ŽƌĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐŽĨŽƚŚĞƌ ĂŐĞŶĐŝĞƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϬ͕EŽŝƐĞ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϳ ǀĂůƵĂƚĞƚŚĞŶŽŝƐĞŝŵƉĂĐƚƐŽĨ ĚĞǀĞůŽƉŵĞŶƚďĂƐĞĚŽŶƚŚĞƉŽƚĞŶƚŝĂůĨŽƌ ƐŝŐŶŝĨŝĐĂŶƚŝŶĐƌĞĂƐĞƐŝŶŶŽŝƐĞůĞǀĞůƐ͕ŝŶ ĂĚĚŝƚŝŽŶƚŽĂĐĐĞƉƚĂďŝůŝƚLJƐƚĂŶĚĂƌĚƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚŝƐ/Z ŝŶĐůƵĚĞƐĂŶŽŝƐĞĂŶĂůLJƐŝƐĨŽƌ ĐŽŶƐƚƌƵĐƚŝŽŶĂŶĚŽƉĞƌĂƚŝŽŶ͘tŚĞƌĞŶĞĐĞƐƐĂƌLJ͕ ŵŝƚŝŐĂƚŝŽŶŵĞĂƐƵƌĞƐǁĞƌĞŝĚĞŶƚŝĨŝĞĚƚŽĞŶƐƵƌĞƚŚĞ ƉƌŽũĞĐƚƐǁŽƵůĚŶŽƚƌĞƐƵůƚŝŶƉĞƌŵĂŶĞŶƚŝŶĐƌĞĂƐĞƐŝŶ ĂŵďŝĞŶƚŶŽŝƐĞůĞǀĞůƐĚƵĞƚŽƉůĂŶͲƌĞůĂƚĞĚƚƌĂĨĨŝĐŶŽŝƐĞ ƐŽƵƌĐĞƐŽƌƐƚĂƚŝŽŶĂƌLJŶŽŝƐĞƐŽƵƌĐĞƐŝŶĞdžĐĞƐƐŽĨ ĞƐƚĂďůŝƐŚĞĚƐƚĂŶĚĂƌĚƐ͘^ĞĐƚŝŽŶϯ͘ϭϬ͕EŽŝƐĞ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϴ WƌŽŵŽƚĞŵĞĂƐƵƌĞƐƚŚĂƚŝŵƉƌŽǀĞĂŝƌ ƋƵĂůŝƚLJĂŶĚŚĞůƉŵĞĞƚĂŝƌƋƵĂůŝƚLJ ĂƚƚĂŝŶŵĞŶƚƐƚĂŶĚĂƌĚƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚŝƐ/ZŝŶĐůƵĚĞƐĂŶĂŝƌƋƵĂůŝƚLJĂŶĂůLJƐŝƐ ĨŽƌĐŽŶƐƚƌƵĐƚŝŽŶĂŶĚŽƉĞƌĂƚŝŽŶ͘tŚĞƌĞŶĞĐĞƐƐĂƌLJ͕ ŵŝƚŝŐĂƚŝŽŶŵĞĂƐƵƌĞƐǁĞƌĞŝĚĞŶƚŝĨŝĞĚĨŽƌĞĂĐŚƉƌŽũĞĐƚ ƚŽƌĞĚƵĐĞĞŵŝƐƐŝŽŶƐƚŽƚŚĞĞdžƚĞŶƚĨĞĂƐŝďůĞ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘Ϯ͕ŝƌYƵĂůŝƚLJ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ 66 | APPENDIX OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ϴ DŝŶŝŵŝnjĞƚŚĞĂŝƌƋƵĂůŝƚLJŝŵƉĂĐƚƐŽĨ ǀĞŚŝĐůĞĞŵŝƐƐŝŽŶƐ͕ĂŶĚƉƌŽŵŽƚĞƚŚĞƵƐĞ ŽĨĐůĞĂŶĂůƚĞƌŶĂƚŝǀĞĨƵĞůƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚŝƐ/ZŝŶĐůƵĚĞƐĂŶĂŝƌƋƵĂůŝƚLJĂŶĂůLJƐŝƐĨŽƌ ĐŽŶƐƚƌƵĐƚŝŽŶĂŶĚŽƉĞƌĂƚŝŽŶĂůĞŵŝƐƐŝŽŶƐ͕ĂƐǁĞůůĂƐĂŶ ĂŶĂůLJƐŝƐŽĨĞŶĞƌŐLJƵƐĂŐĞĨŽƌƚŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ͘tŚĞƌĞŶĞĐĞƐƐĂƌLJ͕ŵŝƚŝŐĂƚŝŽŶ ŵĞĂƐƵƌĞƐĂƌĞŝĚĞŶƚŝĨŝĞĚĨŽƌĞĂĐŚƉƌŽũĞĐƚƚŽƌĞĚƵĐĞ ĞŵŝƐƐŝŽŶƐĞŶĞƌŐLJƵƐĂŐĞƚŽƚŚĞĞdžƚĞŶƚĨĞĂƐŝďůĞ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘Ϯ͕ŝƌYƵĂůŝƚLJ͕ĂŶĚ^ĞĐƚŝŽŶϯ͘ϲ͕'ƌĞĞŶŚŽƵƐĞ 'ĂƐŵŝƐƐŝŽŶƐĂŶĚŶĞƌŐLJ͕ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌĂĚĚŝƚŝŽŶĂů ŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϴ ŶĐŽƵƌĂŐĞƵƐĞŽĨĞůĞĐƚƌŝĐ;ƌĂƚŚĞƌƚŚĂŶ ŐĂƐŽůŝŶĞͲƉŽǁĞƌĞĚͿĞƋƵŝƉŵĞŶƚĂŶĚ ŶĂƚƵƌĂůŐĂƐĂƉƉůŝĂŶĐĞƐ͕ŝŶĐůƵĚŝŶŐŽƵƚĚŽŽƌ ŐƌŝůůƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚĐŽŵƉůLJǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂŶĞƌŐLJŽĚĞ͕ďLJ ŝŶĐŽƌƉŽƌĂƚŝŶŐĂƉƉůŝĐĂďůĞĞŶĞƌŐLJĞĨĨŝĐŝĞŶĐLJĨĞĂƚƵƌĞƐ ĚĞƐŝŐŶĞĚƚŽƌĞĚƵĐĞĞŶĞƌŐLJĐŽŶƐƵŵƉƚŝŽŶ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϲ͕'ƌĞĞŶŚŽƵƐĞ'ĂƐŵŝƐƐŝŽŶƐĂŶĚŶĞƌŐLJ͕ ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ,ŽƵƐŝŶŐϭ DĂŝŶƚĂŝŶĂƐƵĨĨŝĐŝĞŶƚƐƵƉƉůLJŽĨƌĞƐŝĚĞŶƚŝĂů ůĂŶĚǁŝƚŚĂƉƉƌŽƉƌŝĂƚĞnjŽŶŝŶŐƚŽŵĞĞƚ ůŽĐĂůůLJŐĞŶĞƌĂƚĞĚŚŽƵƐŝŶŐŶĞĞĚƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚƐŝƚĞ;ĐƵƌƌĞŶƚůLJ njŽŶĞĚ͞^ŝŶŐůĞ&ĂŵŝůLJ͟΀ZϭϬ΁ͿǁŽƵůĚďĞƌĞnjŽŶĞĚƚŽĂ WůĂŶŶĞĚhŶŝƚĞǀĞůŽƉŵĞŶƚƚŽƉƌŽǀŝĚĞĂƌĂŶŐĞŽĨ ŚŽŵĞƚLJƉĞƐǁŝƚŚŝŶƚŚĞƉůĂŶĂƌĞĂ͘dŚŝƐƉƌŽƉŽƐĞĚ njŽŶŝŶŐǁŽƵůĚĂůůŽǁĨŽƌƌĞƐŝĚĞŶƚŝĂůƵƐĞƐĂŶĚǁŽƵůĚŶŽƚ ĐŽŶĨůŝĐƚǁŝƚŚƚŚĞŝƚLJ͛ƐŐŽĂůŽĨŵĂŝŶƚĂŝŶŝŶŐůĂŶĚǁŝƚŚ ĂƉƉƌŽƉƌŝĂƚĞnjŽŶŝŶŐĨŽƌƌĞƐŝĚĞŶƚŝĂůƵƐĞƐ͘ Ϯ ůůŽǁĂǀĂƌŝĞƚLJŽĨŚŽƵƐŝŶŐƚLJƉĞƐƚŽďĞ ďƵŝůƚŽŶƌĞƐŝĚĞŶƚŝĂůƐŝƚĞƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚŝŶĐůƵĚĞĂ ǀĂƌŝĞƚLJŽĨŚŽƵƐŝŶŐƚLJƉĞƐďƵŝůƚŽŶĂƌĞƐŝĚĞŶƚŝĂůƐŝƚĞ͘ ^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϭ͕WŽƉƵůĂƚŝŽŶĂŶĚ,ŽƵƐŝŶŐ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ Ϯ ŶĐŽƵƌĂŐĞŵŝdžĞĚͲƵƐĞĚĞǀĞůŽƉŵĞŶƚĂƚ ƵŶĚĞƌƵƚŝůŝnjĞĚƐŝƚĞƐ͕ǁŚĞƌĞĂƉƉƌŽƉƌŝĂƚĞ͘ ŽŶƐŝƐƚĞŶƚ͗/ŵƉůĞŵĞŶƚĂƚŝŽŶŽĨƚŚĞƉƌŽƉŽƐĞĚƉůĂŶ ǁŽƵůĚƌĞĚĞǀĞůŽƉĂĐƵƌƌĞŶƚůLJƵŶĚĞƌƵƚŝůŝnjĞĚĂŶĚ ƉĂƌƚŝĂůůLJǀĂĐĂŶƚƐŝƚĞǁŝƚŚĂŵŝdžŽĨƵƐĞƐŝŶĐůƵĚŝŶŐ ƌĞƐŝĚĞŶƚŝĂů͕ƌĞĐƌĞĂƚŝŽŶĂů͕ĂŶĚƐĞŵŝͲƉƵďůŝĐĂŶĚ ŝŶƐƚŝƚƵƚŝŽŶĂůƵƐĞƐ͘ ϯ &ĂĐŝůŝƚĂƚĞĐŽŶƐƚƌƵĐƚŝŽŶŽĨĂĨĨŽƌĚĂďůĞ ŚŽƵƐŝŶŐďLJĨĂǀŽƌŝŶŐŶĞǁƉƌŽũĞĐƚƐƚŚĂƚ ŝŶĐůƵĚĞƵŶŝƚƐĨŽƌůŽǁĞƌͲŝŶĐŽŵĞƐĞŐŵĞŶƚƐ ŽĨƚŚĞĐŽŵŵƵŶŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚŝŶĐůƵĚĞƐϯϰ ƐŝŶŐůĞͲĨĂŵŝůLJŚŽŵĞƐǁŝƚŚƐĞǀĞŶĂĐĐĞƐƐŽƌLJĚǁĞůůŝŶŐ ƵŶŝƚƐĂŶĚǁŽƵůĚƚŚĞƌĞĨŽƌĞĨƵůĨŝůůƚŚĂƚƌĞƋƵŝƌĞŵĞŶƚ ĂŶĚŚĞůƉƚŚĞŝƚLJŝŶƉƌŽǀŝĚŝŶŐĂĨĨŽƌĚĂďůĞŚŽƵƐŝŶŐ͘ ϯ >ŽŽŬĨŽƌŽƉƉŽƌƚƵŶŝƚŝĞƐƚŽƉƌŽŵŽƚĞƚŚĞ ĚĞǀĞůŽƉŵĞŶƚŽĨŚŽƵƐŝŶŐĂĨĨŽƌĚĂďůĞĂŶĚ ĂǀĂŝůĂďůĞƚŽƚŚŽƐĞǁŚŽǁŽƌŬŝŶWůĞĂƐĂŶƚ ,ŝůů͘ ŽŶƐŝƐƚĞŶƚ͗^ĞĞĐŽŶƐŝƐƚĞŶĐLJĂŶĂůLJƐŝƐĨŽƌ,ŽƵƐŝŶŐ WŽůŝĐLJϯĂŶĚ^ĞĐƚŝŽŶϯ͘ϭϭ͕WŽƉƵůĂƚŝŽŶĂŶĚ,ŽƵƐŝŶŐ͕ ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ APPENDIX | 67OAK PARK PROPERTIES SPECIFIC PLAN ƉƉĞŶĚŝdždĂďůĞϭ͗'ĞŶĞƌĂůWůĂŶŽŶƐŝƐƚĞŶĐLJ ůĞŵĞŶƚ 'ŽĂůͬKďũĞĐƚŝǀĞͬWŽůŝĐLJ ŽŶƐŝƐƚĞŶĐLJĞƚĞƌŵŝŶĂƚŝŽŶEŽ͘dĞdžƚ ϱ ŶƐƵƌĞƚŚĂƚŶĞǁƌĞƐŝĚĞŶƚŝĂůĚĞǀĞůŽƉŵĞŶƚ ŝƐĐŽŵƉĂƚŝďůĞǁŝƚŚƐƵƌƌŽƵŶĚŝŶŐ ŶĞŝŐŚďŽƌŚŽŽĚƐ͘ ŽŶƐŝƐƚĞŶƚ͗ƐƐŚŽǁŶŝŶdĂďůĞϯ͘ϵͲϭŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚ ĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚ͕ƚŚĞƉůĂŶĂƌĞĂŝƐ ƐƵƌƌŽƵŶĚĞĚďLJƐŝŶŐůĞͲĨĂŵŝůLJƌĞƐŝĚĞŶƚŝĂůƵƐĞƐƚŽƚŚĞ ǁĞƐƚ͕ŶŽƌƚŚ͕ĞĂƐƚ͕ĂŶĚƐŽƵƚŚ͘dŚĞƌĞĨŽƌĞ͕ƚŚĞƉƌŽƉŽƐĞĚ ƌĞƐŝĚĞŶƚŝĂůƵƐĞƐǁŽƵůĚďĞĐŽŵƉĂƚŝďůĞǁŝƚŚƚŚĞ ƐƵƌƌŽƵŶĚŝŶŐƌĞƐŝĚĞŶƚŝĂůŶĞŝŐŚďŽƌŚŽŽĚƐ͘ ϱ WƌŽǀŝĚĞƉƵďůŝĐƐĞƌǀŝĐĞƐĂŶĚ ŝŵƉƌŽǀĞŵĞŶƚƐƚŚĂƚŬĞĞƉŶĞŝŐŚďŽƌŚŽŽĚƐ ƐĂĨĞĂŶĚůŝǀĂďůĞ͘ ŽŶƐŝƐƚĞŶƚ͗LJƌĞĚĞǀĞůŽƉŝŶŐĂĐƵƌƌĞŶƚůLJ ƵŶĚĞƌƵƚŝůŝnjĞĚĂŶĚƉĂƌƚŝĂůůLJǀĂĐĂŶƚƐŝƚĞǁŝƚŚŝŶƚŚĞ ŝƚLJ͛ƐƵƌďĂŶŝnjĞĚĂƌĞĂ͕ƚŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚƉƌŽŵŽƚĞƚŚĞŽƌĚĞƌůLJĂŶĚ ĞĨĨŝĐŝĞŶƚƵƐĞŽĨůĂŶĚ͘dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚ ZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚǁŽƵůĚĂůƐŽďĞƌĞƋƵŝƌĞĚƚŽƐĂƚŝƐĨLJ ĂůůĂƉƉůŝĐĂďůĞƐƚĂŶĚĂƌĚƐĂŶĚƌĞƋƵŝƌĞŵĞŶƚƐŝŵƉŽƐĞĚ ďLJƚŚĞŝƚLJǁŝƚŚƌĞƐƉĞĐƚƚŽŝŶĨƌĂƐƚƌƵĐƚƵƌĞĂŶĚƉƵďůŝĐ ƐĞƌǀŝĐĞƐ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϭϮ͕WƵďůŝĐ^ĞƌǀŝĐĞƐ͕ĂŶĚ ^ĞĐƚŝŽŶϯ͘ϭϱ͕hƚŝůŝƚŝĞƐĂŶĚ^ĞƌǀŝĐĞ^LJƐƚĞŵƐ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϴ ŶĐŽƵƌĂŐĞĞŶĞƌŐLJĐŽŶƐĞƌǀĂƚŝŽŶƉƌĂĐƚŝĐĞƐ ĨŽƌŶĞǁĂŶĚĞdžŝƐƚŝŶŐƌĞƐŝĚĞŶƚŝĂů ĚǁĞůůŝŶŐƐ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚĐŽŵƉůLJǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂŶĞƌŐLJŽĚĞďLJ ŝŶĐŽƌƉŽƌĂƚŝŶŐĂƉƉůŝĐĂďůĞĞŶĞƌŐLJĞĨĨŝĐŝĞŶĐLJĨĞĂƚƵƌĞƐ ƐƵĐŚĂƐŝŶĐŽƌƉŽƌĂƚŝŶŐĂůĂŶĚƐĐĂƉĞƉĂůĞƚƚĞƚŚĂƚ ǁŽƵůĚŝŶĐůƵĚĞůŽǁŵĂŝŶƚĞŶĂŶĐĞƚƌĞĞƐ͕ĚĞƐŝŐŶĞĚƚŽ ƌĞĚƵĐĞĞŶĞƌŐLJĐŽŶƐƵŵƉƚŝŽŶ͘^ĞĞ^ĞĐƚŝŽŶϯ͘ϲ͕ 'ƌĞĞŶŚŽƵƐĞ'ĂƐŵŝƐƐŝŽŶƐĂŶĚŶĞƌŐLJ͕ŽĨƚŚĞ ĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘ ϴ ŶĐŽƵƌĂŐĞƚŚĞƵƐĞŽĨŐƌĞĞŶďƵŝůĚŝŶŐĂŶĚ ƐƵƐƚĂŝŶĂďůĞƉƌĂĐƚŝĐĞƐĨŽƌŶĞǁĂŶĚ ƌĞŶŽǀĂƚŝŽŶƉƌŽũĞĐƚƐƚŚƌŽƵŐŚŽƵƚƚŚĞŝƚLJ͘ ŽŶƐŝƐƚĞŶƚ͗dŚĞŝǀŝĐWƌŽũĞĐƚĂŶĚZĞƐŝĚĞŶƚŝĂůWƌŽũĞĐƚ ǁŽƵůĚĐŽŵƉůLJǁŝƚŚƚŚĞĂůŝĨŽƌŶŝĂ'ƌĞĞŶƵŝůĚŝŶŐƐ ^ƚĂŶĚĂƌĚƐŽĚĞ͘&ƵƌƚŚĞƌŵŽƌĞ͕ƚŚŝƐ/ZŝŶĐůƵĚĞƐĂŶ ĂŶĂůLJƐŝƐŽĨĐŽŵƉůŝĂŶĐĞǁŝƚŚĞŶĞƌŐLJĞĨĨŝĐŝĞŶĐLJ ƐƚĂŶĚĂƌĚƐ͕ǁŚŝĐŚŝŶĐůƵĚĞƚŚĞƵƐĞŽĨŐƌĞĞŶďƵŝůĚŝŶŐ ĂŶĚƐƵƐƚĂŝŶĂďůĞƉƌĂĐƚŝĐĞƐ͘tŚĞƌĞŶĞĐĞƐƐĂƌLJ͕ ŵŝƚŝŐĂƚŝŽŶŵĞĂƐƵƌĞƐĂƌĞŝĚĞŶƚŝĨŝĞĚƚŽƌĞƋƵŝƌĞƚŚĞ ƵƐĞŽĨŐƌĞĞŶďƵŝůĚŝŶŐĂŶĚƐƵƐƚĂŝŶĂďůĞƉƌĂĐƚŝĐĞƐ͘^ĞĞ ^ĞĐƚŝŽŶϯ͘ϲ͕'ƌĞĞŶŚŽƵƐĞ'ĂƐŵŝƐƐŝŽŶƐĂŶĚŶĞƌŐLJ͕ ŽĨƚŚĞĂƐƐŽĐŝĂƚĞĚĞŶǀŝƌŽŶŵĞŶƚĂůŝŵƉĂĐƚƌĞƉŽƌƚĨŽƌ ĂĚĚŝƚŝŽŶĂůŝŶĨŽƌŵĂƚŝŽŶĂŶĚĂŶĂůLJƐŝƐ͘  68 | APPENDIX OAK PARK PROPERTIES SPECIFIC PLAN RECOMMENDATION(S): A. DETERMINE that adoption of Ordinance No. 2020-12 to regulate short-term rentals is exempt from CEQA, under CEQA Guidelines section 15061(b)(3) (common sense exemption); B. FIND that the proposed zoning text amendment is consistent with the County General Plan; C. ADOPT Ordinance 2020-12 to regulate short-term rentals; and D. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: Costs of preparing an ordinance to regulate and permit short-term rental activities was paid for by the Department of Conservation and Development (Land Development Fund). Collection of application fees is expected to offset most costs of implementing the ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Francisco Avila, (925) 674-7801 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Consideration of Short-Term Rental Ordinance BACKGROUND: The Department of Conservation and Development (DCD) has been directed by the Board of Supervisors (Board) to prepare an ordinance regulating the short-term rental of residential dwelling units within the unincorporated areas of the County. The draft Short-Term Rental (STR) Ordinance is attached. The ordinance would allow the short-term rental of residential dwelling units in specified zoning districts after the issuance of a permit. The ordinance would impose rental regulations and operational standards to minimize impacts to neighbors and the surrounding communities. An STR permitee will be required to obtain a business license and transient occupancy registration certificate prior to operation and to collect and remit transient occupancy tax as otherwise required by the County Ordinance Code. At the direction of the Board, staff is discussing potential collection agreements with rental host platforms such as Airbnb that could assist permitees in tax collection and remittance. Current Status of Short-Term Rentals in the County The County does not currently permit or allow STR activity. STRs are defined as: "a residential dwelling unit, or a portion of a residential dwelling unit, that is rented, or offered for rent, for compensation or consideration, for a period of 30 consecutive days or less". Adoption of the proposed STR Ordinance would allow private property owners an opportunity to rent their residence on a short-term basis while minimizing impacts on surrounding neighbors or the community in general. Public Outreach In October of 2017, DCD staff circulated a questionnaire with the Board's preferred STR framework to all Municipal Advisory Councils (MACs). The responding MACs considered the questionnaire during their December 2017 and January 2018 meetings and returned completed questionnaires which included comments and concerns. Issues commonly agreed upon include: number of days a dwelling can be rented (90), requiring a ministerial permit, notification of neighbors when an STR permit is issued, and requiring adequate parking. Evaluation of Proposed County Regulations on Short-Term Rentals This section summarizes key components of the draft STR Ordinance and how proposed regulations would limit potential impacts on residential communities within the County. Permit Required An STR may only be operated after issuance of an STR permit. Once an STR permit is issued, all property owners within 300 feet of the subject property will receive a notice that includes the contact information for the responsible party associated with the permit and the County's Code Enforcement Division. An STR that will comply with the following STR regulations will be approved ministerially. Key Limitations 1. An STR may not be rented for more than an aggregate of 90 days in any calendar year. 2. No more than one STR may be operated on any lot. 3. Accessory dwelling units may not be operated as an STR. 4. A residential dwelling unit located within a building that contains five or more dwelling units may not be operated as an STR. 5. Overnight guest occupancy may not exceed two persons per bedroom, plus two additional persons. Children under the age of 12 are not counted towards the total number of guests. 6. STRs with three or fewer bedrooms must include at least one off-street parking space available for use by guests. For STRs with four or more bedrooms must include at least two off-street parking spaces available for guests. These STR regulations are intended to limit potential impacts to neighbors and the surrounding community. Prohibiting the rental of all Accessory Dwelling Units will protect affordable housing alternatives in the County. All STRs must also comply with the following operation standards. Operational Standards 1. Excessive traffic inconsistent with residential use is prohibited. 2. Excessive noise inconsistent with residential use is prohibited. 3. Obstruction of any road is prohibited. 4. No more than 20 total persons shall gather at a short-term rental. 5. No special events are allowed (conference, weddings, or any commercial event). 6. No signage is allowed. Discretionary Short-Term Rental Permit An applicant may apply for a discretionary STR permit to deviate from the STR regulations, e.g., to exceed 90 rental days per year, to provide a reduced amount of off-street parking, or to allow a greater number of guests per rental stay. Review of discretionary STR permit applications will include public noticing and a public hearing if one is requested. The required findings in order to approve a deviation are attached (same as a land use permit). No deviations to the Operational Standards will be allowed with either the ministerial or discretionary STR permit. Staff Analysis and Findings Consistency with the County General Plan The Land Use Element of the County General Plan indicates home occupations, residential care facilities, and incidental uses are consistent with residential neighborhoods. STRs are considered subordinate and incidental to the use of a residence, as the purpose of an STR is to provide lodging, albeit on a temporary basis. The draft ordinance is intended to ensure STR activities remain compatible with residential neighborhoods by limiting rentals to 90 days a year, prohibiting excessive noise, and prohibiting excessive traffic that has potential to disturb neighbors. Each STR operator must also adhere to all conditions of approval, Regulations and Operational Standards as stated in approved permits. Therefore, based on the operational standards and regulations applicable to all STR Permits, the STR Ordinance and associated use is consistent with the County General Plan. Consistency with Zoning The draft STR Ordinance would allow for residential dwelling units located within single-family residential districts R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65 and R-100 Districts, Planned Unit (P-1) Districts, water recreational district F-1, multi-family residential districts M-6, M-9, M-12, M-17, and M-29, or agricultural districts A-2, A-3, A-4, A-20, A-40, and A-80 to be rented for less than 30 consecutive days. It is expected that the vast majority of STR uses will be conducted within existing dwellings and not require issuance of building permits or improvements to be operable. Any construction or expansion of a dwelling unit for the purpose of enabling or improving an STR will require a building permit and must conform with the regulations of the applicable zoning district. require a building permit and must conform with the regulations of the applicable zoning district. Therefore, the proposed Ordinance would not conflict in any manner with applicable zoning regulations, such as setbacks or height limits. California Environmental Quality Act (CEQA) The draft STR Ordinance is exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3). The proposed Ordinance would authorize only minor changes to the use of residential dwellings. The proposed ordinance would not authorize any new development and would only authorize uses already consistent with the residential nature of residential dwelling units. Therefore, only negligible changes to the environment are expected to occur. Thus, it can be seen with certainty that there is no possibility that the project could have a significant effect on the environment. County Planning Commission (CPC) Hearing, February 12, 2020 At the February 12, 2020, CPC hearing, the Commission received staff's presentation and took testimony from three members of the public. Each member of the public supported short-term rental regulation, and some emphasized the need for strong enforcement tools. The Commission also reviewed two emails that were received the evening before the hearing. One email sent on behalf of the Kensington Property Owners Association urged that all STR permits be issued through a discretionary process. The other email from a Kensington property owner sought more flexibility (such as a greater limit on rental days per year) for hosted rentals. Upon acknowledging all public input, the CPC closed the public hearing and began deliberation. The CPC's dialogue primarily focused on: a) whether to limit the total number of rental days to 60 compared to 90, b) if requiring a discretionary permit process would be appropriate or unnecessarily onerous, c) which additional code enforcement tools can strengthen the overall draft ordinance, and d) if health and safety standards should be included in the ordinance. After considering regulatory options such as limiting total rental days to 60, allowing hosted rentals only, requiring all STR permits be discretionary, seeking more help from host platforms and considering the health and safety protections in existing codes, the Commission elected to not to recommend additional regulation that would unnecessarily encumber the STR process. By a 4 to 1 vote, the Commission recommended the Board approve the draft STR Ordinance without change and ensure adequate resources are dedicated to enforcement . Enforcement Currently, DCD does not receive complaints on STRs on a frequent basis, though host websites do indicate STRs for offer. Adoption of the STR Ordinance will increase the need for enforcement by raising the visibility of the practice and perhaps by prompting more listings. DCD is taking steps to prepare. Chief among these is readying our Code Enforcement team for issuance of citations. Historically, abatement and administrative fines have been the primary tools for Code Enforcement cases, but issuance of citations may be a helpful tool for situations such as STRs where the violations are short lived and enforcement needs to be more immediate. On-Going Communications with Airbnb Leading up to and since the February 12, 2020, CPC hearing, staff from DCD and the Treasurer Tax Collector's Office have engaged in a second round of discussions with Airbnb staff. One major point of discussion was the process and timing of entering into a Voluntary Collection Agreement (VCA) between Airbnb and the County that would enable Airbnb to collect Transient Occupancy Tax (TOT) on behalf of rental hosts and remit them to the County on a monthly basis. Procedurally, if the Board elects behalf of rental hosts and remit them to the County on a monthly basis. Procedurally, if the Board elects to adopt the STR Ordinance, County staff would return to the Board with a VCA in a form acceptable to both parities. Once a VCA has been executed, Airbnb staff would need approximately two months before they could assume the responsibility from their clients for submitting TOT funds to the County. The second point of conversation was which if any enforcement tools are available from Airbnb to assist the County with code enforcement efforts. The conversation included agreements other jurisdictions have with Airbnb and new programs that Airbnb have recently implemented in order to address complaints. Other jurisdictions (San Francisco and Santa Monica) have "Notice and Take-down" agreements with Airbnb based on settlement agreements, whereby Airbnb will remove listings from their hosting website upon request by the municipality. Airbnb is not willing to enter into such an agreement with the County at this time. Airbnb expressed a willingness to re-examine this position in about a year if that experience further justifies the need to enter into such an agreement. However, Airbnb indicated willingness to work with the County on problem listings on a case-by-case basis and also indicated they would alert their clients to the new regulations if approved. In addition, in response to the tragedy which occurred in Orinda and other unfortunate events around the Country, Airbnb has instituted several programs and efforts such as: a) "Neighbor Tools" on their website which allows complaints to be registered for specific rental locations, whereby if a property has demonstrated a history of violations, the listing will be suspended, b) a third customer support line which has 24hr staffing aimed at responding to complaints, and c) working with municipalities on "spot compliance" where Airbnb will remove a specific listing based on evidence (e.g., police reports, fine history, etc.) of code violations. Other Regulations Evaluated and Available to the Board if Modifications to the Draft Ordinance are Desired At the direction of the Board, staff had previously evaluated other possible regulations, which are not included in the proposed ordinance. The County Planning Commission also considered the following list and voted to recommend the Board approve the STR Ordinance in its current form. Nevertheless, if the Board desires to adjust the STR ordinance, the following options may be considered. 1. Prohibited non-hosted STRs or establishing different regulations for hosted vs. non-hosted 2. Restrict STRs to primary residence only 3. Establish a minimum stay 4. Prohibit holiday rentals 5. No discretionary STR permits 6. Prohibit all STRs Summary The draft STR Ordinance establishes regulations aimed at allowing reasonable use of private property while protecting the quality of life of neighbors. By limiting the number of allowed occupants per rental stay, establishing quiet hours, and requiring off-street parking for guests, the ordinance will minimize impacts on neighbors and the surrounding community. Prohibiting the STR of Accessory Dwelling Units and designated affordable housing will ensure that affordable housing options are not removed from the housing market. By limiting the total number of days a dwelling can be rented per year, the character of established communities will be retained. The proposed ordinance balances the interests of homeowners that wish to establish short-term rentals and concerns of neighbors that a nearby short-term rental may affect their residential community. Conclusion Conclusion The CPC, at their February 12, 2020, hearing passed a motion which recommends the Board of Supervisor adopt the draft Short-Term Rental ordinance in its current form. No other information has been presented to staff since the CPC's recommendation that warrants modification to the draft ordinance as presented. CONSEQUENCE OF NEGATIVE ACTION: If unapproved, the use will not be allowed within the unincorporated areas of the County. CLERK'S ADDENDUM Speakers: Christine Chalmers, resident of Contra Costa; Laura Singh, resident of Kensington. OPENED the public hearing; ACCEPTED public input; DIRECTED staff to modify the proposed ordinance to contain a 180-day limit for hosted rentals; CONTINUED the hearing to March 31, 2020 at 9:30 a.m.; and FURTHER DIRECTED staff to return to the Board with recommendations for their consideration on the regulation of the rental hosting platform(s). ATTACHMENTS Ordinance No. 2020-12 Short-Term Rentals Discretionary Permit Findings STR Regulations in Other Jurisdictions BOS March 10, 2020 Presentation ORDINANCE NO. 2020-12 SHORT-TERM RENTALS 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 88-32 to the County Ordinance Code to regulate the renting of residences for periods of 30 consecutive days or less. SECTION II. Chapter 88-32 is added to the County Ordinance Code, to read: Chapter 88-32 SHORT-TERM RENTALS Article 88-32.2 General 88-32.202 Title. This chapter is known as the Short-term Rental Ordinance of Contra Costa County. (Ord. 2020-12 § 2). 88-32.204 Purposes. The purposes of this chapter are to regulate the renting of residential dwelling units for periods of 30 consecutive days or less; to establish a procedure for reviewing and approving short-term rental permit applications; and to establish location, parking, occupancy, and other standards for short-term rentals to limit the impact on neighbors. (Ord. 2020-12 § 2). 88-32.206 Definitions. For purposes of this chapter, the following words and phrases have the following meanings: (a)“Accessory dwelling unit” has the same meaning as in Section 82-24.004. (b)“Residential dwelling unit” means a building, or a portion thereof, designed for residential occupation by one persons or a group of two or more persons living together as a domestic unit. (c)“Responsible party” means a person that is designated by the applicant as a point of contact for the short-term rental. (d)“Short-term rental” means a residential dwelling unit, or a portion of a residential dwelling unit, that is rented, or offered for rent, for compensation or consideration, for a period of 30 consecutive days or less. (Ord. 2020-12 § 2). ORDINANCE NO. 2020-12 1 Article 88-32.4 Permits 88-32.402 Permit–required. No person shall establish or operate a short-term rental in the unincorporated area of the County without first obtaining a permit as provided in this chapter. (Ord. 2020-12 § 2). 88-32.404 Location. (a)A short-term rental may be operated on any lot in a single-family residential district (R-6, R-7, R-10, R-12, R-15, R-20, R-40, R-65, and R-100), planned unit district (P-1) for residential uses, water recreational district (F-1), or a multiple-family residential district (M-6, M-9, M-12, M-17, and M-29). (b)A short-term rental may be operated on any lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80), except that a short-term rental may not be operated on a lot under a Williamson Act contract. (Ord. 2020-12 § 2). 88-32.406 Application. (a)An owner, lessee, or holder of a similar interest in a residential dwelling unit may apply for a short-term rental permit by filing an application with the department. The application must be on a form approved by the director and contain all of the following information. (1)Name(s), address(es), and contact information of applicant(s) and property owner(s). (2)Address and assessor’s parcel number for the lot. (3)A legible site plan of the lot, showing: (A)All structures located on the lot and indicating the residential dwelling unit proposed for short-term rental; and (B)The location of the parking spaces required by this chapter. (4)A legible floor plan of the residential dwelling unit proposed for short-term rental. (5)The property owner’s consent to the short-term rental of the residential dwelling unit. ORDINANCE NO. 2020-12 2 (6)A statement that the short-term rental of the residential dwelling unit is not prohibited by a restrictive covenant. (7)The name and contact information of the responsible party associated with the short-term rental. The responsible party must be 18 years of age or older, reside within a 30-mile radius of the short-term rental, and be available by telephone for the duration of any rental period to respond to complaints regarding activity at the short-term rental. (8)The applicant’s agreement to indemnify, defend, and hold harmless the County, its boards, commissions, officers, employees, and agents from any and all claims, costs, losses, actions, fees, liabilities, expenses, and damages arising from or related to the applicant's application for a short-term rental permit, the County's approval of the permit, and the operation of the short-term rental. (Ord. 2020-12 § 2). 88-32.408 Permitting procedure. (a)Except as otherwise provided in this section, an application for a permit to establish and operate a short-term rental that meets the short-term rental regulations specified in Section 88-32.602 will be approved ministerially without discretionary review or public hearing unless any of the following grounds for denial exist. (1)The application is incomplete. (2)The applicant has made a false statement or omitted a material fact from the application. (3)The applicant has not paid all required fees in accordance with the fee schedule adopted by the board of supervisors. (4)The applicant is delinquent in payment of County taxes. (5)Another short-term rental permit associated with the residential dwelling unit, the applicant, or the owner had been revoked within 24 months of the date of application. (6)The short-term rental does not meet the location requirements specified in Section 88-32.404. (7)The residential dwelling unit proposed for short-term rental is a deed-restricted below-market-rate residential unit. ORDINANCE NO. 2020-12 3 (8)The residential dwelling unit proposed for short-term rental violates any provision of this code, including but not limited to the building standards in Title 7. (b)An application for a permit to establish and operate a short-term rental that does not meet one or more of the short-term rental regulations specified in Section 88-32.602 will be considered under the administrative decision procedure specified in Article 26-2.21. A discretionary short-term rental permit will be approved if: (1)None of the grounds for denial under Section 88-32.408(a) exist; and (2)The zoning administrator makes the findings specified in 26-2.2008. (Ord. 2020- 12 § 2). 88-32.410 Term and renewal. (a)Ministerial short-term rental permit. (1)A ministerial short-term rental permit will expire one year from the date the permit was approved, unless it is revoked sooner. (2)An application for renewal must be filed with the department at least 30 calendar days before the permit expires. If any of the documentation or information supplied by the applicant pursuant to Section 88-32.406 has changed since the permit was approved, the applicant must submit updated information and documentation with the application for renewal. (3)An application to renew a ministerial short-term rental permit will be approved ministerially unless any of the following grounds for denial exist. (A)Any of the grounds for denial under Section 88-32.408(a) exist. (B)The application is filed less than 30 days before the permit expires. (C)The applicant is delinquent in payment of County taxes. (D)The permit is revoked or is the subject of a revocation proceeding at the time of application. (b)Discretionary short-term rental permit. (1)A discretionary short-term rental permit will expire on the date specified in the permit, unless it is revoked sooner. No short-term rental permit will be issued for a term longer than five years. ORDINANCE NO. 2020-12 4 (2)An application to renew a discretionary short-term rental permit will be considered in the same manner as a new application under Section 88-32.408(b). (Ord. 2020-12 § 2). 88-32.412 Notice to neighbors. After a short-term rental permit is issued, the department will notify all owners of property within 300 feet of the short-term rental that a permit was issued. The notice will be in writing and contain the location of the short-term rental, contact information for the responsible party associated with the permit, contact information for County code enforcement, and a website address where the short-term rental ordinance is listed. (Ord. 2020-12 § 2). 88-32.414 Permits not transferable. A short-term rental permit may not be transferred. (Ord. 2020-12 § 2). 88-32.416 Fees. Fees for short-term rental permits will be in amounts established by the board of supervisors in the department’s fee schedule. A short-term rental permit will not be approved until the applicant has paid the applicable permit fee. (Ord. 2020-12 § 2). Article 88-32.6 Requirements 88-32.602 Short-term rental regulations. A permittee shall comply with all of the following regulations while operating a short-term rental, unless a discretionary short-term rental permit specifies otherwise. (a)No more than one short-term rental may be operated on any lot. (b)An accessory dwelling unit may not be operated as a short-term rental. (c)A residential dwelling unit located within a building that contains five or more dwelling units may not be operated as a short-term rental. (d)A short-term rental may not be rented for more than an aggregate of 90 days in any calendar year. A short-term rental may be rented for up to an aggregate of 150 days in a calendar year upon the issuance of a discretionary short-term rental permit. (e)The overnight guest occupancy of a short-term rental may not exceed two persons per bedroom, plus two additional persons. Children under the age of 12 are not counted towards the total number of guests. (f)A short-term rental with three or fewer bedrooms for rent must include at least one off- street parking space available for use by guests. A short-term rental with four or more ORDINANCE NO. 2020-12 5 bedrooms for rent must include at least two off-street parking spaces available for use by guests. The required off-street parking spaces must be located on the same lot as the short-term rental, but may be located within the lot’s setback area. The maximum number of guest vehicles permitted at a short-term rental is equal to the number of off- street parking spaces available for use by guests. (Ord. 2020-12 § 2). 88-32.604 Operational Standards. The following standards apply to the use of short-term rentals. (a)Excessive traffic to and from the short-term rental that significantly impairs the quiet enjoyment of neighboring properties is prohibited. (b)Excessive noise that significantly impairs the quiet enjoyment of neighboring properties is prohibited. The amplification of sound by any device outside the short-term rental is prohibited. Quiet hours during which noise must be restricted to the interior of the short- term rental shall be between 10 p.m. and 7 a.m. the following morning. (c)The obstruction of any public right-of-way, road, street, highway, or private road is prohibited. (d)The overnight guest occupancy of a short-term rental may not exceed that approved by the permit. No more than 20 persons, including children, may gather at a short-term rental at any time. (Ord. 2020-12 § 2). 88-32.606 No events. No event, including a conference, wedding, fundraiser, or similar gathering, or any commercial event, may be held at a short-term rental. (Ord. 2020-12 § 2). 88-32.608 No signs. No sign or writing visible from the exterior of the short-term rental indicating that the dwelling unit is available for rent may be posted anywhere on the lot where the short-term rental is located. (Ord. 2020-12 § 2). 88-32.610 Posting of permit and permit number. (a)A permittee shall post copies of the short-term rental permit, business license, and all applicable regulations and standards in a conspicuous place in each room in which a guest is expected to sleep. (b)In any advertisement for a short-term rental, the permittee shall specify the short-term rental permit number, business license number, maximum occupancy, maximum number of vehicles allowed, and the applicable quiet hours at the short-term rental. For the purposes of this subsection, “advertisement” means any method used to solicit interest in the short-term rental, including but not limited to internet-based listing or hosting services. (Ord. 2020-12 § 2). ORDINANCE NO. 2020-12 6 88-32.612 Business license. A permittee shall obtain a valid business license issued pursuant to Chapter 64-14 of this code before renting or offering to rent a short-term rental. (Ord. 2020-12 § 2). 88-32.614 Transient occupancy registration certificate. A permittee shall obtain a valid transient occupancy registration certificate issued pursuant to Chapter 64-4 of this code before renting or offering to rent a short-term rental. (Ord. 2020-12 § 2). 88-32.616 Rental records. (a)A permittee shall keep written rental records that document the following information: (1)All dates on which the permittee rented the short-term rental to one or more guests; (2)The overnight guest occupancy on each date; and (3)The rent paid to permittee for each night of lodging. (b)A permittee shall maintain the required rental records for at least three years. (c)A permittee shall provide a copy of the required rental records to the department with any application to renew the short-term rental permit. (d)A permittee operating a short-term rental under a discretionary short-term rental permit shall provide a copy of the required rental records to the department annually. The records must be provided to the department on each anniversary of the discretionary short-term rental permit approval date. (Ord. 2020-12 § 2). Article 88-32.8 Enforcement 88-32.802 All remedies. The County may seek compliance with this chapter 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. 2020-12 § 2). SECTION III. Section 26-2.2102 of the County Ordinance Code is amended to read: 26-2.2102 Decisions without public hearing. Unless otherwise required by this article, the zoning administrator may, without public hearing, decide applications for any of the following: (a)Variance permits pursuant to subsection 26-2.1204(1). ORDINANCE NO. 2020-12 7 (b)Minor subdivisions pursuant to subsection 26-2.1204(3) including applications for improvement exceptions. (c)After zoning administrator determination on it, any involved small lot application pursuant to subsection 82-10.002(c). (d)Wireless facility access permits pursuant to Chapter 88-24. (e)A short-term rental permit that does not meet one or more of the short-term rental regulations specified in section 88-32.602. (Ords. 2020-12 § 3, 2020-01 § 3, 2017-11 § 3, 2016-11 § 3, 2011-05 § 5, 95-51 § 3, 80-87 § 2: See Gov. C. § 65901.) SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the East Bay Times, a newspaper published in this County. PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________[SEAL] Deputy KCK: H:\Client Matters\2020\DCD\Ordinance No. 2020-12 Short-Term Rentals.wpd ORDINANCE NO. 2020-12 8 Land Use Permit Findings 1. That the proposed conditional land use shall not be detrimental to the health, safety and general welfare of the County; 2. That it shall not adversely affect the orderly development of property within the County; 3. That it shall not adversely affect the preservation of property values and the protection for the tax base within the County; 4. That it shall not adversely affect the policy and goals as set by the general plan; 5. That it shall not create a nuisance and/or enforcement problem within the neighborhood or community; 6. That it shall not encourage marginal development within the neighborhood; 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to find so shall result in denial. Short-Term Rental Regulations in Other Jurisdictions Jurisdiction Are Short- Term Rentals allowed? Is there a Notification Requirement Is Additional Parking Required Is a Land Use Permit Required Minimum Duration of Rental Are there Occupancy Limits San Francisco Yes Yes No No No No New Jersey Yes No Yes No No No Piedmont Yes No No No Yes (2 days) No Richmond Yes No No No No No Petaluma Yes Yes No No Yes (2 days) Yes Sacramento Redwood City Yes Yes No No No No Benicia Yes Yes No Yes No No El Cerrito Yes No Yes No No No Piedmont Yes No No No Yes (2 days) No Monterey Yes No No No No No *Orinda Yes Yes No No Yes (2 days) Yes The Cities of Santa Monica, Moraga, Danville and Sausalito among others do not permit or allow short-term rentals. *The City of Orinda is currently regulating short-term rental uses via an emergency ordinance which is subject to change given adoption of permanent code modifications. SHORT-TERM RENTAL ORDINANCE Presented to Contra Costa County Board of Supervisors March 2020 Contra Costa County Department of Conservation and Development Francisco Avila, Senior Planner, Francisco.Avila@dcd.ccounty.us, 925-674-7801 John Kopchik, Director, John.Kopchik@dcd.cccounty.us, 925-674-7819 March 2020 1 Today’s Presentation •Background on Short-Term Rentals in Contra Costa County •Community Outreach •Review of Proposed Ordinance •Recommendation by the County Planning Commission March 2020 2 BACKGROUND March 2020 3 Current Status of Short-Term Rentals in Contra Costa County March 2020 4 •Short-Term Rentals are defined as rental stays less than 30 consecutive days •Short-Term Rentals are currently not permitted or allowed within the unincorporated area •Examples of rentals that are offered in other jurisdictions: •Entire homes •Rooms •Accessory Dwelling Units •No State Regulation has been adopted. Key Considerations •Protection of affordable housing •In order to accommodate market demands, adoption of a balanced regulatory approach will allow short-term rental operators to capture earning potential •Operational standards will allow code enforcement staff the ability to address those instances where short-term rental activity negatively affects neighbors and surrounding communities •Collection of Transient Occupancy Taxes March 2020 5 Community Outreach •Circulation of questionnaire to Municipal Advisory Councils (MACs) •MACs considered questionnaire in December 2017 and January 2018 •Varied responses, however similarities in some major areas (e.g., number of days a dwelling can be rented (90), requiring permits, and requiring parking March 2020 6 ORDINANCE OVERVIEW January 2020 7 Short-Term Rental Ordinance Key Components •Ministerial Short-Term Rental Permit •Establishes allowances and prohibitions •Operational Standards •Detailed framework of regulations aimed at limiting negative community impact •Discretionary Short-Term Rental Permit •Provides a mechanism for deviations to ministerial permit regulations •Enforcement •Allows for revocation,administrative fines,infraction citations,and any other remedy allowed by law. March 2020 8 NEXT STEPS March 2020 9 Actions Going Forward •Board of Supervisors adopts the draft short-term rental ordinance as presented, or •The Board of Supervisors directs staff to explore additional regulatory options •Staff continues to work with Airbnb on a Voluntary Collection Agreement in order to effectively collect Transient Occupancy Taxes •Staff continues to work with the Tax Collector’s office on establishing appropriate Transient Occupancy Tax collection processes March 2020 10 Staff Recommendation As recommended by the County Planning Commission, it is recommended that the Board of Supervisors: •DETERMINE, that the proposed zoning text amendment regulating short -term rentals is exempt from CEQA under CEQA Guidelines section 15061(b)(3) (common sense exemption); •FIND that the proposed zoning text amendment is consistent with the County General Plan; •ADOPT the proposed zoning text amendment to add Chapter 88-32 to the County Ordinance Code regulating short-term rentals; and •Direct staff to file a Notice of Exemption with the County Clerk. March 2020 11 Questions? March 2020 12 RECOMMENDATION(S): Letter from Karl Olson. See attachment. FISCAL IMPACT: No fiscal impact. BACKGROUND: Please see attached letter. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: County Counsel I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: CS.1 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:March 10, 2020 Contra Costa County Subject:Closed Session letter from Karl Olson ATTACHMENTS CS letter- Karl Olson RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Sweeping Services Contract(s) for Various Road Maintenance Work, for routine maintenance of existing road pavement, Countywide. FISCAL IMPACT: 100% Local Road Funds. BACKGROUND: The Public Works Department will use the 2020 On-Call Sweeping Services Contract(s) for Various Road Maintenance Work to provide supplemental sweeping services as needed to the Public Works Maintenance crews for various routine road maintenance and repairs in various locations throughout Contra Costa County. The Public Works Department intends to award at least one $200,000 contract, but not more than four $200,000 contracts to the responsible bidder(s). Each contract will have a term of one year APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:March 10, 2020 Contra Costa County Subject:Advertise the 2020 On-Call Sweeping Services Contract(s) for Various Road Maintenance Work, Countywide BACKGROUND: (CONT'D) with the option of two one-year extensions and will be used as needed with no minimum amount that has to be spent. CONSEQUENCE OF NEGATIVE ACTION: Where sweeping services are required, the Public Works Department may be unable to complete routine road maintenance work in a timely manner. RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Pavement Grinding Services Contract(s) for Various Road Maintenance Work, for routine maintenance and repair of existing road pavement, Countywide. FISCAL IMPACT: 100% Local Road Funds. BACKGROUND: The Public Works Department will use the 2020 On-Call Pavement Grinding Services Contract(s) for Various Road Maintenance Work to provide supplemental grinding services as needed to the Public Works Maintenance crews for the removal of damaged asphalt concrete in support of pavement maintenance operations in various locations throughout Contra Costa County. The Public Works Department intends to award at least one $200,000 contract, but not more than two $200,000 contracts to the responsible bidder(s). Each contract will have a term of one year with APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:March 10, 2020 Contra Costa County Subject:Advertise the 2020 On-Call Pavement Grinding Services Contract(s) for Various Road Maintenance Work, Countywide BACKGROUND: (CONT'D) the option of two one-year extensions and will be used as needed with no minimum amount that has to be spent. CONSEQUENCE OF NEGATIVE ACTION: Where pavement grinding services are required, the Public Works Department may be unable to complete routine road maintenance work in a timely manner. RECOMMENDATION(S): APPROVE and AUTHORIZE the conveyance of a Grant of Easement over a portion of Assessor’s Parcel Number 373-261-002 at 1025 Escobar Street, Martinez, (Property), from Contra Costa County (County) to Central Contra Costa Sanitary District (District) pursuant to Government Code Section 25526.6, for sewer purposes. DETERMINE that the conveyance of said easement is in the public interest and will not substantially conflict or interfere with the County’s use of the property. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of the County. DIRECT the Real Estate Division of the Public Works Department to deliver a certified copy of this Board Order with the Grant of Easement to the District for acceptance and recording in the office of the County Clerk Recorder. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:March 10, 2020 Contra Costa County Subject:APPROVE the Conveyance of a Grant of Easement to Central Contra Costa Sanitary District for sewer purposes at 1025 Escobar Street, Martinez area. BACKGROUND: The sanitary sewer easement is a part of the construction for the new County administration building. The District has requested a sanitary sewer easement over a portion of the property for a new sewer line and access for the new sewer connection for the building. CONSEQUENCE OF NEGATIVE ACTION: The District will not have the necessary land rights for the new sewer connection. AGENDA ATTACHMENTS Grant of Easement MINUTES ATTACHMENTS Signed: Grant of Easement RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to submit comments on the California Public Utilities Commission’s (CPUC’s) proposal to sunset the Rule 20A Utility Undergrounding program. FISCAL IMPACT: If the CPUC terminates the Rule 20A program, approximately $525,000 in work credits per year from Pacific Gas & Electric (PG&E) for utility undergrounding in unincorporated Contra Costa County would be eliminated. This proposed reform to Rule 20A would reclassify potential utility undergrounding projects that previously received full funding through PG&E/Rule 20A to be categorized as Rule 20B, which would receive 30%-50% funding through PG&E. This will likely limit the number of projects that can be completed in the future or require General Funds to cover the local match dollars, which is estimated at approximately $3,000,000 every ten years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Mary Halle, 925.313.2327 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Submit comments on the California Public Utilities Commission’s proposal to sunset the Rule 20A Utility Undergrounding program BACKGROUND: On February 13, 2020, the CPUC filed the Undergrounding Proceeding (R.17-05-010) Staff Proposal for Rule 20A Program Reform and Enhancements (Proposal). Rule 20A sets aside money from ratepayers to fund utility undergrounding projects by local agencies such as Contra Costa County. Specifically Rule 20A allows for 100% of the allocation to fund the undergrounding of overhead utility lines in town core areas. Rule 20B is a separate program that allows for a financial match between the PG&E allocation and the local agency. The recent proposal recommends that the Rule 20A program sunset in the next ten years in favor of Rule 20B projects. The County receives approximately $525,000 per year in PG&E work credits. In the past 15 years the County expended approximately $9,160,000 in work credits to underground the utilities in downtown Rodeo along Parker Avenue, and current efforts to underground overhead utilities on portions of Bailey Road and Willow Pass Road in Bay Point. These projects have been successful in improving the corridor, and may provide economic stimulus to these areas because of the improvements. The County currently has a balance of approximately $10,500,000 work credits following the completion of the Bay Point project. A scoping study is presently underway to determine which location will be the next utility undergrounding district. The Public Works Director recommends that the County submit comments to the California State Association of Counties (CSAC) who will be representing Contra Costa County and other agencies at the proceedings. The general nature of these comments include the following: Contra Costa County has utilized the Rule 20A program as it was intended. The County expended approximately $9,160,000 of our allotted work credits over the past 15 years on projects in disadvantaged communities including our Parker Avenue Project in Rodeo and the current Bay Point Utility Undergrounding Project underway. These are projects that would not have been able to move forward without the Rule 20A program. The proposal from the CPUC infers that the reform is intended to increase the rate of undergrounding efforts with an urgency related to fire safety and reliability of service; however, this recent proposal is the first time PG&E has identified safety and reliability as an element of the Rule 20 program. Up until February 13, 2020, PG&E staff has emphasized that the purpose of the Rule 20A program is for beautification only and it is not related to safety or reliability. For this reason, Contra Costa County suggests that expansion of the Rule 20A program for safety and reliability purposes will gain traction with local communities and could result in a peak in utilization. At a time when fire season has become a familiar term due to tragic fires related to sparking of overhead electrical lines, it is not reasonable to make current funding programs more restrictive to local agencies. The proposal stresses the importance of investing in disadvantaged communities and infers that the majority of projects have been misdirected to affluent beachside communities. Contra Costa County's stance is that eliminating a fully funded option through Rule 20A will only discourage implementation in disadvantaged communities. For example, under the proposed reform to Rule 20A, the current Bay Point Utility Undergrounding underway would have required an additional $5,520,000 from the County General Fund. The majority of funding received by the Public Works Department was approved by the voters for transportation purposes and is not a viable funding mechanism for transferring overhead electrical and communication lines underground. Contra Costa County does not have an alternative funding source for utility undergrounding projects; thus, elimination of the Rule 20A program would decrease undergrounding efforts which directly conflicts with the stated purpose of the reform. CONSEQUENCE OF NEGATIVE ACTION: If this item is not approved, Contra Costa County would not be able to submit comments on the ruling by the CPUC. The current CPUC proposal would limit the County’s ability to implement utility undergrounding projects in the future and/or require millions of dollars from the County General Fund to implement the undergrounding effort. RECOMMENDATION(S): ADOPT Resolution No. 2020/58 Approving the Subdivision Agreement for minor subdivision MS13-00006, for a project being developed by Eugene Frederick, as recommended by the Public Works Director, Alamo area. (District II) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The property ownership has changed and a new subdivision agreement is required. CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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, Joshua Laranang- Engineering Services, Cinda Tovar- Design & Construction, Michael Mann- Finance, Eugene Frederick -Principal Owner, The Ohio Casualty Insurance Company C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Approving the Subdivision Agreement for minor subdivision MS13-00006, Alamo area. CONSEQUENCE OF NEGATIVE ACTION: (CONT'D) will not be in the name of the current owner, and the previous owner will not receive a refund of the cash deposit. AGENDA ATTACHMENTS Resolution No. 2020/58 Subdivision Agreement & Improvement Security Bond MINUTES ATTACHMENTS Signed: Resolution No. 2020/58 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/58 IN THE MATTER OF: Approving the Subdivision Agreement for minor subdivision MS13-00006, for a project being developed by Eugene Frederick, Alamo area. (District II) WHEREAS, the following document was presented for Board approval this date a Subdivision Agreement with Eugene Frederick, principal, whereby said principal agrees to complete all improvements, as required in said Subdivision Agreement within two years from the date of said agreement. Said document was accompanied by security to guarantee the completion of road and drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 802545 Date: 1/31/2020 Submitted by: Eugene Frederick Surety Bond Company: The Ohio Casualty Insurance Company Bond Number: 14L000078 Date: 2/3/2020 Performance Amount: $9,000.00 Labor and Materials Amount: $5,000.00 Principal: Eugene Frederick All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement is APPROVED. BE IT FURTHER RESOLVED that the improvement security bonds with Kevin Degnan are EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit (Auditor's Deposit Permit No. 703316, dated January 28, 2016) in the amount of $1,000.00, plus interest in accordance with Government Code Section 53079, if appropriate, to Kevin Degnan. 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: March 10, 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, Joshua Laranang- Engineering Services, Cinda Tovar- Design & Construction, Michael Mann- Finance, Eugene Frederick -Principal Owner, The Ohio Casualty Insurance Company RECOMMENDATION(S): ADOPT Resolution No. 2020/71 approving the Parcel Map for minor subdivision MS11-00001, for project being developed by James and Barbara DeFremery, as recommended by the Public Works Director, Knightsen area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS11-00001 and has determined that all conditions of approval for Parcel Map approval have been satisfied. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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, Sean Tully-DCD Planning , Chris Hallford -Mapping , Cinda Tovar- Design & Construction, Renee Hutchins - Records, Karen Piona- Record, James and Barbara DeFremery , Old Republic Title Company C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Approve the Parcel Map for minor subdivision MS11-00001, Knightsen area. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map will not be approved and recorded. AGENDA ATTACHMENTS Resolution No. 2020/71 Parcel Map Tax Letter & Deposit Note MINUTES ATTACHMENTS Signed: Resolution No. 2020/71 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/71 IN THE MATTER OF approving the Parcel Map for minor subdivision MS11-00001, for project being developed by James and Barbara DeFremery, as recommended by the Public Works Director, Knightsen area. (District III) WHERE AS, the following documents were presented for board approval this date: The Parcel Map of minor subdivision MS11-00001, property located in the Knightsen 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 $10,150.00. 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. 802929, dated February 5, 2020) made by James and Barbara DeFremery in the amount: $10,150.00, 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 and do hereby abandon and vacate those portions of the “Area Dedicated to Contra Costa County” for roadway purposes along the common line of Parcels “B” and “C” of subdivision MS133-77 (88 PM 29) as shown on sheet 2 of this map, in conformance with section 66445 (j) of the Subdivision Map Act. 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: March 10, 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, Sean Tully-DCD Planning , Chris Hallford -Mapping , Cinda Tovar- Design & Construction, Renee Hutchins - Records, Karen Piona- Record, James and Barbara DeFremery , Old Republic Title Company RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE the conveyance of a Grant of Easement to East Bay Regional Parks District (Park) in Walnut Creek, identified in Exhibit “A” of the Grant of Easement, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act and Government Code Section 25526.6. DETERMINE that the conveyance of the trail easement is in the public interest and will not substantially conflict or interfere with District’s use of the property. AUTHORIZE the Chair, Board of Supervisors, to execute the Grant of Easement on behalf of the District in consideration for the payment received in full in the amount of One Thousand Dollars ($1,000). DIRECT the Real Estate Division of the Public Works Department to cause said Grant of Easement to be delivered to the Grantee for acceptance and recording in the Office of the County Clerk-Recorder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Conveyance of a Grant of Easement to East Bay Regional Parks District for maintenance purposes, Walnut Creek area. FISCAL IMPACT: $1,000 to be deposited into Flood Control 3B Funds. BACKGROUND: The District issued an encroachment permit to the Park to repair a slide located along the segment of Stage Road Trail that crosses the western portion of the District’s fee title property because they do not have a trail easement. The Park is responsible for the maintenance of the Stage Road Trail. In order for the Park to maintain and operate the portion of the trail located on District property, it is necessary for the District to convey the easement to the Park. CONSEQUENCE OF NEGATIVE ACTION: The Park would not have the permanent land rights to maintain the portion of the trail they are responsible for. AGENDA ATTACHMENTS Grant of Easement MINUTES ATTACHMENTS Signed: Grant of Easement RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Right of Way Contract and ACCEPT the Grant Deed from DLT Ventures, LLC, on behalf of the District, for property rights located 760 Minnesota Avenue, Brentwood, and identified as a portion of APN 017-110-011, pursuant to Section 31 of the Contra Costa County Flood Control and Water Conservation District Act, and in connection with the Three Creeks Parkway Restoration Project (Project). (Project No.: 7562-6D8490 [SCH #2016082008]) APPROVE payment of $70,200 for said property rights and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to North American Title Company, 6612 Owens Drive, Suite 100, Pleasanton, California, 94588, Escrow No. 54606-1547533-18, to be forwarded to the Real Estate Division for delivery. Direct the Real Estate Division to have the above referenced Grant Deed delivered to the Title Company for recording in the Office of the County Clerk-Recorder. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Jewel Lopez, 925. 957-2485 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Wiley Osborn, Public Works IT, Gus Amirzehni, Flood Control C. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:APPROVE a Right of Way Contract and ACCEPT the Grant Deed from DLT Ventures, LLC, for the Three Creeks Parkway Restoration Project, Brentwood area FISCAL IMPACT: 100% Drainage Area 130 Funds. A portion of the payment to DLT Ventures, LLC, ($22,600) will be reimbursed by American Rivers, District’s project partner, through a funding agreement approved by the Board on January 21, 2020. BACKGROUND: On September 27, 2016, this Board approved the Project and adopted the Mitigated Negative Declaration SCH#2016082008. The property is required for the Three Creeks Parkway Restoration Project, in accordance with the approved plans and specifications, which will widen Marsh Creek to allow for the needed flood conveyance and habitat restoration. The Project, a joint effort by the District and American Rivers, is funded by the District and several federal, State, and private entities funds CONSEQUENCE OF NEGATIVE ACTION: The Project will not have sufficient land rights to allow for construction in accordance with the approved plans and specifications. ATTACHMENTS Grant Deed Right of Way Contract RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (FC District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a two-year Cooperative Agreement to provide funding for the Shared Temporary Deployment of Precipitation Forecasting Sysytem with Sonoma County Water Agency, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, and East Bay Dischargers Authority. FISCAL IMPACT: The total cost of the effort is $330,000. The FC District contribution to the Cooperative Agreement will be $20,000 and will cover two years of shared costs. BACKGROUND: Project Description: The San Francisco Bay Area Advanced Quantitative Precipitation Information System Project (AQPI) is a regional effort that will install improved weather radars and other observing systems and develop a suite of numerical forecast modeling systems covering the multijurisdictional San Francisco Bay Area (Bay Area). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Mark Boucher, (925) 313-2274 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Chief Engineer, Tim Jensen, Flood Control, Mark Boucher, Flood Control, Catherine Windham, Flood Control C. 9 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System, Countywide. Project No. 7505-6F8106 BACKGROUND: (CONT'D) The AQPI project is being completed through collaboration of federal, State, and local government agencies. It will provide accurate and timely information that will be of significant value to a variety of decision makers. Expected benefits include: mitigating flood risks, enhanced reservoirs management to improve water supplies, reduced water quality impacts to San Francisco Bay from wastewater overflows, improved weather related logistics management for transportation sectors, and improved lead-time on coastal and Bay Area inundation from severe storms, especially high-moisture laden atmospheric rivers. This Cooperative Agreement will allow the FC District to participate in funding a Doppler radar on Rocky Ridge, where existing communication towers already exist on the ridge west of the Town of Danville, for a two-year period while long-term funding for the operation and maintenance of the AQPI system is established. Project Funding: In 2002, Senate Bill 1672 created the Integrated Regional Water Management (IRWM) Act to encourage local agencies to work cooperatively to manage local and imported water supplies to improve the quality, quantity, and reliability. In November 2002 and November 2006, California voters passed propositions for water bonds, namely Proposition 50 (Prop 50) and Proposition 84 (Prop 84), respectively. These combined provided $1,500,000,000 for IRWM project planning and implementation. The Bay Area IRWM Planning Group consists of a consensus based decision making group of representatives from water resource agencies who plan, prioritize, and implement projects that are each all or partially funded through IRWM grants from the State of California, Department of Water Resources (DWR). The Bay Area IRWM Planning Group, represented by Sonoma County Water Agency (also known as Sonoma Water), received a grant from DWR for the AQPI project amounting $19.84 million in grant funds from Prop 84. Besides the grant award, a local cost share of approximately $330,000 is needed to pay for several siting and operational tasks. Sonoma Water, acting as grantee and lead administrative agency, will manage administration for the AQPI including contracting with the DWR and project partners. Sonoma Water and the other participants are interested in precipitation forecasting issues and the relationship between those issues and their effect on government operations. The FC District contribution to the Cooperative Agreement will be $20,000 and will cover two years of shared costs. Collaboration: Sonoma Water and the Cooperative Agreement participants — FC District, Sonoma County Water Agency, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, and East Bay Dischargers Authority (Participants) wish for Sonoma Water to retain the services of a consultant or consultants with expertise in deploying a precipitation forecasting system, such as an X-Band Radar system at a site in the East Bay. Sonoma Water will contract with the Consultant for the design of the precipitation forecasting system. Sonoma Water also will contract with a contractor to install and construct the precipitation forecasting system. Sonoma Water and the Participants have identified what appears to be a suitable site and intend for Sonoma Water to enter into a sublease agreement on their mutual behalf to allow for the deployment and operations of a radar on the Rocky Ridge site. Benefits to the FC District: The data produced by the AQPI system will provide forecasts on flooding in our smaller local creeks as is currently done for the Russian River and other major tributaries. Past forecasts were updated at a lower rate than the hourly updated model that now exists. The AQPI radar data will feed into relatively new high resolution, rapid refresh National Weather Service (NWS) weather forecast model. In cooperation with the NWS forecasters and computer upgrading and training, the FC District will be able to better predict flooding in critical areas. An AQPI users group has been formed to foster the learning and use of the AQPI data. Benefits to Public Works — Roads: Besides benefits to the FC District, the AQPI system and associated forecast models can help in predicting high water at road crossings where the County and/or other agencies would need to stage resources for road and bridge closures. The AQPI system data could also be used to forecast problems in areas where road flooding regularly occurs due to storm drain system deficiencies. Benefits to the County at large: Though Public Works does not specifically provide every service the AQPI system will benefit (sewer, water supply, etc.), our Board serves the general public that receives these other services that will benefit even those in incorporated areas. The people of Contra Costa, or the agencies that provide various services to them, will all benefit from the better forecasting the AQPI system provides. These include better management of reservoirs to secure and preserve water supplies; minimize water quality impacts to the San Francisco Bay from wastewater overflows; anticipate air, sea and land transportation challenges; and have improved lead-time on coastal and Bay Area inundation from severe storms, especially high-moisture laden atmospheric rivers. We anticipate others, such as sewer districts, water districts, cities, Office of Emergency Services, and private entities, will find uses for the AQPI system data in ways we have not yet envisioned. CONSEQUENCE OF NEGATIVE ACTION: If the Cooperative Agreement is not approved, the FC District will not be able to contribute $20,000 to this important regional AQPI project and may not have as much influence on how the system is ultimately operated. ATTACHMENTS Cooperative Agreement Page 1 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System This Cooperative Agreement (“Agreement”), dated _______________ (the “Effective Date”), is by and among Sonoma County Water Agency, a body corporate and politic of the State of California (“Sonoma Water”), East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, East Bay Dischargers Authority, and Contra Costa County Flood Control and Water Conservation District (each a “Participant” and collectively “Participants”). R EC I T A LS A. The San Francisco Bay Area Advanced Quantitative Precipitation Information System Project (“AQPI”) is a regional effort that will install improved weather radar and other observing systems and develop a suite of numerical forecast modeling systems covering the multijurisdictional San Francisco Bay Area. B. The AQPI will provide accurate and timely information that will be of significant value to a variety of decision makers, allowing them to mitigate flood risks; better manage reservoirs to secure and preserve water supplies; minimize water quality impacts to San Francisco Bay from wastewater overflows; anticipate air, sea and land transportation challenges; and have improved lead-time on coastal and Bay Area inundation from severe storms, especially high- moisture laden atmospheric rivers. C. The AQPI is a collaboration of federal, State, and local government agencies. Project partners include the National Ocean and Atmospheric Administration, Colorado State University’s Cooperative Institute for Research in the Atmosphere, United States Geological Survey - Pacific Coast and Marine Science Center, Center for Western Weather and Water Extremes at Scripps Institute of Oceanography, as well as, local water, wastewater, and flood control entities in the San Francisco Bay Area, including the San Francisco Public Utilities Commission and Santa Clara Valley Water District. D. The AQPI is financed under State of California, Department of Water Resources Grant Agreement No. 4600011485 (the “Grant”) that awarded $19.84 million in grant funds from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, administered by the State of California, Department of Water Resources. E. The Grant covers the majority of costs associated with the AQPI, but local cost share is required for several siting and operational tasks. F. Sonoma Water, acting as grantee and lead administrative agency, will manage administration for the AQPI including contracting with the Department of Water Resources and project partners. G. Sonoma Water and the Participants are interested in precipitation forecasting issues and the relationship between those issues and their effect on government operations. H. Sonoma Water and the Participants wish for Sonoma Water to retain the services of a consultant or consultants (“Consultant”) with expertise in deploying a precipitation forecasting system such as an X-Band Radar system at a site in the East Bay. Sonoma Water will contract with the Consultant for the design of the precipitation forecasting system. Sonoma Water also will contract with a contractor (“Contractor”) to install and construct the precipitation forecasting system . I. Sonoma Water and the Participants have identified what appears to be a suitable site with existing infrastructure, which is currently owned by East Bay Municipal Utility District and leased and operated by American Tower, L.P. (as described on Exhibit 1 attached hereto, the Page 2 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} “American Tower Site”). J. Participants have requested that Sonoma Water enter into a sublease agreement with American Tower, L.P. (“AMT”), on their mutual behalf to allow for the deployment and operations of the precipitation forecasting system at the American Tower Site. Participants are willing to share in the costs associated with deploying the precipitation forecasting system at the American Tower Site. Sonoma Water is willing to enter into the desired agreements, administer the agreements, and provide overall project management and coordination under the terms described below. K. The precipitation forecasting system referenced in this Agreement is the property of Sonoma Water pursuant to its agreement with the State Department of Water Resources, and is being loaned to Participants for the purpose of determining whether the American Tower Site is suitable for the permanent installation of a precipitation forecasting system, i.e., that the precipitation forecasting system does not cause interference with other equipment already located at the American Tower Site and that the site provides the coverage desired by Participants. L. Should the American Tower Site ultimately be deemed suitable for a permanent precipitation forecasting system, a new, long-term agreement will be entered into among the Participants to cover the installation of a new, permanent X-Band Radar System at the site, and to cover long- term maintenance and operational costs. In consideration of the foregoing recitals and the mutual covenants contained herein, Sonoma Water and the Participants agree as follows: A G R E E M E N T 1. RECITALS 1.1. The above recitals are true and correct. 2. COMMUNICATION/DESIGNATED REPRESENTATIVES 2.1. The designated representatives below shall, upon execution of this Agreement, have authority to grant discretionary approvals identified in this Agreement. Except as otherwise specifically provided in this Agreement, any notice, submittal, or communication required or permitted to be served on a Participant, may be delivered personally, or be sent by United States first class mail, postage prepaid addressed as indicated below: Sonoma Water East Bay Municipal Utility District Project Manager: Jake Spaulding Project Manager: David Briggs 404 Aviation Boulevard 375 11th Street Santa Rosa, CA 95403-9019 Oakland, CA 94607 Phone: 707-524-8373 Phone: 510-287-5046 Email: Jake.Spaulding@scwa.ca.gov Designated Representative: Jake Spaulding Email: david.briggs@ebmud.com Designated Representative: David Briggs Page 3 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} Alameda County Flood Control District Alameda County Water District Project Manager: Hank Ackerman Project Manager: Leonard Ash 399 Elmhurst Street 43885-43951 S. Grimmer Boulevard Hayward, CA 94544-1395 Fremont, CA 94538 Phone: 510-670-5553 Phone: 510-668-4209 Email: hank@acpwa.org Designated Representative: Daniel Woldesenbet, PhD., P.E. Email: Leonard.Ash@acwd.com Designated Representative: Robert Shaver East Bay Dischargers Authority Contra Costa County Public Works Project Manager: Jackie Zipkin Project Manager: Mark Boucher 2651 Grant Avenue 255 Glacier Drive San Lorenzo, CA 94580 Martinez, CA 94553 Phone: (510) 278-5910 Phone: 925-313-2274 Email: JZipkin@ebda.org Designated Representative: Jackie Zipkin Email: mark.boucher@pw.CCCounty.us Designated Representative: Brian Balbas 3. SONOMA WATER RESPONSIBILITIES 3.1. Sonoma Water shall: (i) coordinate the installation of precipitation forecasting equipment; (ii) coordinate and procure data analysis consulting services; (iii) prepare and negotiate a lease agreement with AMT for the purpose of siting and accessing the precipitation forecasting equipment; (iv) provide contract administration, all for an amount not to exceed a total of $165,000, and (v) ensure that all data from the precipitation forecasting equipment and all analysis of that data is provided to the Participants in a format the Participants are able to use. 3.2. Sonoma Water shall act as liaison with AMT and other AQPI project partners, and provide any necessary project management, direction, and coordination. This responsibility includes coordinating necessary meetings, providing status updates, and facilitating the dissemination of information to Participants and their Designated Representatives specified in Section 2.1. 3.3. Sonoma Water shall provide Participants with a written accounting of all expenditures made during this Agreement. Should Sonoma Water complete its responsibilities under this Agreement for less than the not-to-exceed amount listed in Paragraph 3.1 above, Sonoma Water shall divide proportionally any remaining funds and disburse them among the Participants based on the percentage each Participant provided to the AQPI project pursuant to this Agreement, unless otherwise agreed by all Participants in writing. 3.4. Sonoma Water shall maintain for no less than three years following the termination of this Agreement, complete and accurate records of all associated transactions in compliance with generally accepted accounting principles as promulgated by the American Institute of Certified Public Accountants and the Governmental Accounting Page 4 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} Standards Board. Such records shall be available to each Participant upon reasonable notice for inspection and analysis during business hours. 3.5. Insurance and Indemnification Requirements: a. Sonoma Water shall include the following indemnity language in all the contracts it manages or enters into related to the deployment of the precipitation forecasting system referenced in this Agreement: i. Consultant/Contractor expressly agrees to defend, indemnify, and hold harmless Sonoma Water, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, East Bay Dischargers Authority, Contra Costa County Flood Control and Water Conservation District and their respective Directors, Board and/or Committee Members, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from Consultant/Contractor’s, its Directors’, Officers’, Board and/or Committee Members’, agents’, employees', and/or sub-contractors’ performance under this agreement. b. Sonoma Water shall, at a minimum, require that all the contracts it manages or enters into related to the deployment of the precipitation forecasting system referenced in this Agreement contain the following insurance provisions, to the extent they apply to the applicable scope of work: i. Insurance Limits: The insurance shall be the greater of (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policies or proceeds available to the Named Insured. The insurance requirements shall not in any way act to reduce coverage that is broader or that includes higher limits than the minimums required herein. It shall be explicitly stated that no representations are made that the minimum insurance requirements of the contract are sufficient to cover the obligations of the Named Insured. ii. Workers Compensation Insurance: Workers Compensation Insurance shall be maintained during the life of any contract for all of its employees on the project, and the Named Insured shall require any subconsultant to provide it with evidence of Workers Compensation Insurance. Workers’ Compensation insurance including Employer’s Liability insurance with minimum limits as follows: a) Coverage A. Statutory Benefit, b) Coverage B. Employer’s Liability of not less than: • Bodily Injury by accident: $1,000,000 each accident • Bodily Injury by disease: $1,000,000 each employee • Bodily Injury per employee: $1,000,000 policy limit iii. Waiver of Subrogation: Workers’ Compensation, Commercial General and Automobile Liability policies, including any applicable excess and umbrella insurance, must contain a waivers of subrogation endorsement providing that each sub-consultant/sub-contractor and each insurer waive any and all rights of recovery by subrogation, or otherwise, against Sonoma Water, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, East Bay Dischargers Page 5 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} Authority, Contra Costa County Flood Control and Water Conservation District, including, their respective Directors, board and/or committee members, officers, employees, agents, and volunteers. The Named Insured shall defend and pay any and all damages, fees, and costs, of any kind arising out of, pertaining to, or in any way relating to the Named Insured’s failure to provide the waivers of subrogation from the insurance carrier. iv. Primary and Non-Contributory: All insurance shall be primary and non- contributory and Sonoma Water, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, East Bay Dischargers Authority, Contra Costa County Flood Control and Water Conservation District shall not be required to contribute to it. v. Additional Insured Endorsement: There must be endorsements naming Sonoma Water, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, East Bay Dischargers Authority, and Contra Costa County Flood Control and Water Conservation District as Additional Insureds under all applicable Commercial General and Automobile Liability policies. vi. Non-Exclusion: All insurance policies and Additional Insured Endorsement(s) shall not exclude liability and damages to work arising out of, pertaining to, or in any way relating to services performed by sub- consultants/sub-contractors. vii. Premises or Operations: Insurance policies and Additional Insured Endorsement(s) Coverage shall be included for all premises and operations in any way related to the contract. viii. Work of Subcontractors: Insurance policies and Additional Insured Endorsements shall not exclude liability and damages to work arising out of, pertaining to, or in any way relating to services performed by sub- consultants/sub-contractors. ix. Commercial General Liability Insurance: Commercial General Liability Insurance for bodily injury, personal and advertising injury, and property damage shall cover all premises, contractual liability, products and completed operations, ongoing operations and personal injury and shall not contain any “prior work” coverage limitation or exclusion applicable to any services performed by or on behalf of any Consultant/Contractor performing services on behalf of Sonoma Water, East Bay Municipal Utility District, Alameda County Flood Control & Water Conservation District, Alameda County Water District, East Bay Dischargers Authority, Contra Costa County Flood Control and Water Conservation District without any exclusion for work subcontracted to others in an amount no less than $2 million per occurrence and $2 million aggregate. x. Automobile Liability Insurance: Business Automobile Liability Insurance covering “All Autos” or “Owned, Non-Owned, and hired autos”; xi. Professional Liability Insurance: Professional liability insurance with minimum limits of $2 million per claim. 3.6. Sonoma Water shall comply with all relevant laws, grant requirements, and permit requirements, if any, pertinent to any procurements, expenditures of funds, operations, construction, improvement, labor compliance, or other implementation of this Agreement. Page 6 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} 3.7. Sonoma Water shall consult with Participants on the scope of work or specifications for any contract entered hereunder and shall ensure that any contract hereunder provides sufficient rights, access, or licenses to enable the shared deployment and use of the site. 4. PARTICIPANT RESPONSIBILITIES 4.1. Each Participant shall deposit the amounts listed below by February 15, 2020 with Sonoma Water to cover its anticipated pro-rata share of contract costs and expenses as follows: a. Participant Type 1: East Bay Municipal Utility District $45,000 b. Participant Type 2: Alameda County Flood Control & Water Conservation District $40,000 c. Participant Type 3: Alameda County Water District $31,000 d. Participant Type 4: East Bay Dischargers Authority $29,000 e. Participant Type 5: Contra Costa County Flood Control and Water Conservation District $20,000 5. TERMINATION 5.1. Any Participant may terminate its participation in this Agreement by giving 60 calendar days advance written notice to each Participant of its intent to terminate its participation in this Agreement. Termination shall not relieve the Participant of its obligation to pay costs and expenses related to any consultant contract or lease entered into by Sonoma Water or otherwise allocated prior to the effective date of the termination. Sonoma Water’s right to terminate may be exercised by Sonoma County Water Agency’s General Manager. If Sonoma Water terminates this Agreement, it shall prevent additional expenditures from being made under this Agreement to the degree reasonably practicable and disburse any unexpended funds as provided in Section 3.3. 6. INDEMNIFICATION 6.1. Each Participant expressly agrees to defend, indemnify, and hold harmless Sonoma Water and its Directors, Board and/or Committee Members, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys' fees, arising out of or resulting from that Participant’s, its respective Directors’, Board and/or Committee Members’, officers’, agents’, employees', and/or subcontractors’ negligence or willful misconduct in performing this Agreement. 6.2. Sonoma Water expressly agrees to defend, indemnify, and hold harmless the Participants, their respective, Directors, Board and/or Committee Members, officers, agents and employees from and against any and all loss, liability, expense, claims, suits, and damages, including attorneys’ fees, arising out of or resulting from Sonoma Water’s, its Directors’, Officers’, Board and/or Committee Members’, agents’, employees', and/or sub-contractors’ negligence or willful misconduct in performing Page 7 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} this Agreement. 7. ADDITIONAL REQUIREMENTS 7.1. Term of Agreement: The term of this Agreement begins on the Effective Date and shall expire on December 31, 2021, unless terminated earlier in accordance with the provisions of Article 5 (Termination). 7.2. Amendments: Changes to this Agreement may only be made by written amendment, signed by all parties. 7.3. Construction: To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The parties covenant and agree that in the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties. 7.4. Making of Agreement: Participants and Sonoma Water acknowledge that they have each contributed to the making of this Agreement and that, in the event of a dispute over the Agreement’s interpretation; the language of the Agreement will not be construed against one Participant in favor of another. Participants and Sonoma Water acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Agreement. 7.5. No Third-Party Beneficiaries: Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties. 7.6. Applicable Law and Forum: This Agreement shall be construed and interpreted according to the substantive law of the State of California. Any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. 7.7. Captions: The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement and shall have no effect on its construction or interpretation. 7.8. Merger: This writing is intended both as the final expression of the Agreement between the Parties with respect to the subject matter hereof and as a complete and exclusive statement of the terms of the Agreement, pursuant to Code of Civil Procedure section 1856. Each Participant acknowledges that, in entering into this Agreement, it has not relied on any representation or undertaking, whether oral or in writing, other than those which are expressly set forth in this Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 7.9. Entire Agreement: This Agreement is the entire Agreement between the parties. 7.10. Counterparts: This Agreement may be executed in multiple counterparts and all Page 8 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} counterparts so executed shall constitute a single binding agreement. Original counterpart signature pages may be affixed to an original of this Agreement to create a single, complete agreement. Any counterpart executed by a Participant and/or Sonoma Water and transmitted by electronic transmission shall be treated as an original signature page at the time of receipt. The actual original signature page shall also be mailed to Sonoma Water within ten days of the date of the electronic transmission. 7.11. Survival of Terms: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 7.12. Time of Essence: Time is and shall be of the essence of this Agreement and every provision. Signatures appear on the following pages. Page 9 of 9 Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System Cooperative Agreement to Provide Funding for Shared Temporary Deployment of Precipitation Forecasting System {00038115;3} IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last signed by the parties to the Agreement. Reviewed as to funds: By: Sonoma County Water Agency Division Manager - Administrative Services Approved as to form: By: Adam Brand, Deputy County Counsel Sonoma County Water Agency East Bay Municipal Utility District By: By: Grant Davis General Manager David Briggs, PhD, PE Manager of Water Operations Authorized per Sonoma County Water Agency’s Board of Directors Action on _________________ Alameda County Water District East Bay Dischargers Authority By: By: Robert Shaver General Manager Jacqueline T. Zipkin General Manager Alameda County Flood Control & Water Conservation District Contra Costa County Flood Control & Water Conservation District By: By: Daniel Woldesenbet, PhD, PE Director Brian M. Balbas Chief Engineer APPROVED AS TO FORM: DONNA R. ZIEGLER, COUNTY COUNSEL By: ____________________________ Kathy Lee, Deputy County Counsel 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 Mark Scott Construction, Inc., as the developer, for approximately 11 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 11-acres of vacant land owned by the County and located on the Northeast side of Buchanan Field Airport. The parcel is designated for aviation use on the Airport Layout Plan for Buchanan Field Airport. REACH Air Medical Services, LLC is currently located on a portion of the 11-acre site. REACH is collaborating with the Contra Costa County Fire District and intends to move their operations to the new Station 9 if it is located on Buchanan Field. In the event, however, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 10 To:Board of Supervisors From:Keith Freitas, Airports Director Date:March 10, 2020 Contra Costa County Subject:Authorization to Negotiate Ground Lease and Development Terms for Approximately 11 Acres of County-Owned Land at the Buchanan Field Airport BACKGROUND: (CONT'D) that REACH is unable to move their operations, they will either be re-accommodated in this development or at another location on Buchanan Field. The Airport Division of the Contra Costa County Public Works Department received a letter of interest from Mark Scott Construction, Inc. to lease and develop 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): (1) APPROVE plans, specifications, and design for the Three Creeks Parkway Restoration Project, Brentwood area. County Project No. 7562-6D8490 (District III) (2) DETERMINE that the bid submitted by Granite Rock Company (Granite Rock), the lowest monetary bidder, submitted the lowest responsive and responsible bid for this project (3) AWARD the construction contract for the above project to Granite Rock in the listed amount ($2,596,907.07 Base Bid plus Bid Alternates 1, 2, 3, and 4) and the unit prices submitted in the bid, and DIRECT that Granite Rock shall present two good and sufficient surety bonds, as indicated below, and that the Chief Engineer, or designee, shall prepare the contract. (4) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted below and any required certificates of insurance or other required documents, and the Chief Engineer has reviewed and found them to be sufficient, the Chief Engineer, 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: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 11 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Construction Contract for the Three Creeks Parkway Restoration Project, Brentwood area. RECOMMENDATION(S): (CONT'D) (5) ORDER that, in accordance with the project specifications and/or upon signature of the contract by the Chief Engineer, or designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned. (6) ORDER that, the Chief Engineer, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300. (7) DELEGATE, pursuant to Public Contract Code Section 4114, to the Chief Engineer or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (8) DELEGATE, pursuant to Labor Code Section 6705, to the Chief Engineer or to any registered civil or structural engineer employed by the County the authority to accept detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection during trench excavation covered by that section. (9) DECLARE that, should the award of the contract to Granite Rock be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing in this Board Order shall prevent the Board from re-awarding the contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the contract, or fails to furnish required bonds or insurance (see Public Contract Code Sections 5100-5107). FISCAL IMPACT: The construction contract and associated fees of this project will be funded by Drainage Area (DA) 130 funds. Approximately, $1,491,810 is expected to be reimbursed by American Rivers, the District’s project partner, through a funding agreement approved by the Board on January 21, 2020. BACKGROUND: The above project was previously approved by the Board of Supervisors, plans and specifications were filed with the Board, and bids were invited by the Chief Engineer. On January 21, 2020, the Flood Control and Water Conservation District (District) received bids from the following contractors: BIDDER, TOTAL AMOUNT, BOND AMOUNTS (Base Bid plus Bid Alternates 1, 2, 3, and 4) Granite Rock Company, $2,596,907.07; Payment: $2,596,907.07; Performance: $2,596,907.07 PMK Contractors LLC, $2,877,231.00 Suulutaaq, Inc., $2,928,395.90 Gordon N. Ball, Inc., $3,052,471.29 Interstate Grading & Paving Inc., $3,662,123.00 Ghilotti Bros, Inc., $3,880,000.64 Bay Cities Paving & Grading, Inc., $4,491,637.80 The bidder listed first above, Granite Rock, submitted the lowest responsive and responsible bid, which is $280,323.93 less than the next lowest bid. The Chief Engineer recommends that the bid submitted by Granite Rock is the lowest responsive and responsible bid, and this Board concurs and so finds. The Board of Supervisors previously adopted the Initial Study/Mitigated Negative Declaration together with Addendum No. 1 and Addendum No. 2 on November 12, 2019 in compliance with the California Environmental Quality Act (CEQA), and a Notice of Determination was filed with the County Clerk on November 13, 2019. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board, and copies will be made available to any party upon request. The Three Creeks Parkway Restoration Project will widen Marsh Creek to allow for the needed flood conveyance and habitat restoration. The project, a joint effort by the District and American Rivers, is funded by the District and American Rivers through several federal, State, and private entities funds. CONSEQUENCE OF NEGATIVE ACTION: Construction of this project would be delayed, and the project might not be built. RECOMMENDATION(S): AUTHORIZE the Director of Airports to execute a Master Administrative Agreement (“Agreement”) between Contra Costa County (“County”) and the University of Alaska Fairbanks (“University”) to establish a partnership through which Buchanan Field and Byron airports will be included in the Pan-Pacific UAS Test Range Complex. FISCAL IMPACT: There is no direct impact to the County General Fund. Airport staff time and any County Counsel staff time will be charged to the Airport Enterprise Fund. Successful marketing efforts are expected to have a positive impact on the Airport Enterprise Fund and the County General Fund over the long-term. BACKGROUND: Historically, the County’s airports’ clientele have been hangar developers, pilots and providers of aviation-related services. In recent years however, a new market for airport use has emerged. Airports are now sought after for use as test sites for emerging aeronautical and aeronautical related technologies. This demand is being driven by a variety of factors. One is the ever-increasing interest within the aviation community of using UAS (unmanned aviation system or drones) for public safety and commercial purposes. Another is the interest on the part of the Federal Aviation Administration (“FAA”) in promoting research in technological advancements in the interest of policy formation and improved safety. To capitalize on this market trend, the Airport Division has been actively marketing the County’s airports APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Keith Freitas, Airports Director Date:March 10, 2020 Contra Costa County Subject:Master Administrative Agreement with the University of Alaska Fairbanks as test sites for companies engaged in developing new aviation and aviation related technologies. In doing so, the County could benefit from (i) increased rent revenues, (ii) the ability to be an early-adopter of technologies that improve airport operations and safety, and (iii) establishing a more diverse tenant population, diminishing the impact of economic downturns. Other benefits include the potential for new capital investment and additional jobs in Contra Costa County. It is also anticipated that the County could benefit from the use of new UAS software and hardware applications in the areas of security, airfield inspections, wildlife hazard abatement, and pavement inspections. The risks identified in testing new technologies at the County’s airports are similar to those that currently exist with the daily aircraft operations conducted at Buchanan Field and Byron airports. The most significant risks associated with aircraft operations are related to the safety of individuals on the ground and noise impacts. Any new technology-related testing operations conducted at these facilities would be mandated to comply with existing FAA operating rules and regulations. As a result, the safety risks would be the same as those that currently exist. Furthermore, Contra Costa County currently has existing noise abatement restrictions/noise ordinance in place that must be met by any new operator. On August 14, 2018, the Board of Supervisors adopted Resolution No. 2018/462. The Board resolved the following: BACKGROUND: (CONT'D) Buchanan Field and Byron airports are essential economic engines that aid the County in meeting the current and future transportation and economic needs of the community. The Director of Airports shall continue to actively pursue innovative and sustainable opportunities to enhance airport facilities and partnerships to remain competitive in the regional marketplace. The Director of Airports will work closely with the County Administrators Office and the County Economic Development Manager to further the economic development potential of airports, as they are capital assets to the County and an integrated transportation asset to the Bay Area region. On February 26, 2019, the Board of Supervisors took action to authorize the Director of Airports to promote and market Buchanan Field and Byron airports as testing locations for emerging aeronautical related technologies. Airport staff has convened several working groups with expertise in emerging aeronautical related technologies to assist in the development and implementation of a marketing and attraction strategy. Over the past 24-months of this effort, two companies have relocated their design, assembly and testing operations to Buchanan Field Airport. Additionally, several other companies are currently in discussions with the Airports Division staff to explore relocating their assembly and testing operations to Byron Airport. The University operates the Alaska Center for Unmanned Aircraft Systems Integration (“ACUASI”), which is also known as the Pan-Pacific UAS Test Range Complex. The ACUASI is one of seven sites in the United States designated by the FAA for testing UAS. The purpose of the Agreement with the University is to create a partnership that will enable Buchanan and Byron to become members of the ACUASI, making Buchanan Field and Byron airports available for use by third-parties for UAS-related testing, research and educational purposes in coordination with the University. It is expected that the University and the County will use various electronic and printed media to promote this partnership. When the University or the County are approached by a third-party interested in conducting testing at Buchanan Field or Byron airports they would first coordinate with the County to ensure they meet specific operational requirements. Once those requirements have been met, the third-party will be directed to the University to coordinate securing all necessary FAA airspace/flight operation authorizations. For the above reasons, and as supported by the Aviation Advisory Committee and the Airports Committee, it is recommended that the County authorize the Director of Airports enter into a partnership with the University of Alaska Fairbanks CONSEQUENCE OF NEGATIVE ACTION: Failure to enter into the Agreement with the University will diminish the County’s ability to complete in this emerging market. ATTACHMENTS ACIASI UAS Master Agreement PPUTRC MOA Template Temp Use Permit 1 MASTER ADMINISTRATIVE AGREEMENT BETWEEN THE UNIVERSITY OF ALASKA FAIRBANKS AND CONTRA COSTA COUNTY, CALIFORNIA This Master Administrative Agreement (“Agreement”) is dated as of _________________, 2020, and is between the University of Alaska Fairbanks, in Fairbanks, Alaska (the “University”), and Contra Costa County, a political subdivision of the State of California (“County”). RECITALS A. The University operates the Alaska Center for Unmanned Aircraft Systems Integration (ACUASI), which is also known as the Pan-Pacific UAS Test Range Complex. The ACUASI is one of seven sites in the United States designated by the Federal Aviation Administration (FAA) for testing unmanned aircraft system (UAS). B. The County owns and operates two public airports, Buchanan Field Airport (“Buchanan”), in Concord, California, and Byron Airport (“Byron”), in Byron, California. C. The purpose of this Agreement is to create a partnership between the University and the County that will enable Buchanan and Byron to be members of the ACUASI, making Buchanan and Byron available for use by third-parties for UAS-related testing, research and educational purposes in coordination with the University. It is expected that the University and the County will use various electronic and printed media to promote this partnership. D. When the University or the County are approached by a third-party interested in conducting testing at Buchanan Field or Byron airports they should begin with the County to ensure they meet specific operational requirements. Once those requirements have been met the third-party will be directed to the University to coordinate securing all necessary FAA airspace/flight operation authorizations. E. In order to conduct UAS-related testing, research and educational activities with the assistance of the University at Buchanan or Byron, the third-party entity must enter into (i) a memorandum of agreement with the University, under which the third-party entity agrees to reimburse the University for costs associated with completing the FAA airspace testing process, i.e. acquiring a Certificate of Authorization (COA), a sample of which is attached hereto as Exhibit A, and (ii) a temporary use permit with the County, allowing for the use of Buchanan or Byron, a sample of which is attached hereto as Exhibit B. 2 The University and the County therefore agree as follows: AGREEMENT 1. TERM: This Agreement commences on March 10, 2020, and continues for one year. This Agreement will automatically renew for subsequent annual periods, unless terminated in accordance with Section 6. 2. PRINCIPAL CONTACTS; SITE VISITS The principal contact for the County is Keith Freitas, Director of Airports. The principal contact for the University is Dr. Catherine Cahill, Director ACUASI. The principal contacts will be in contact by telephone as needed. The principal contact for the University and relevant team members may visit the County-owned airport where UAS-related activity is being conducted by a third-party. University personnel must comply with all safety requirements imposed by the County during any such visit. 3. INSURANCE Throughout the Term, the County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. If requested, the County shall provide the University with a letter of self-insurance affirming the existence of the self- insurance program. The University shall maintain in full force and effect, at its sole expense, a general self- insurance program with the same minimum coverage as that required of County above. If requested, the University shall provide the County with a letter of self-insurance affirming the existence of the self-insurance program. 4. INDEMNIFICATION Each party agrees to indemnify, defend, and hold the other party, its officers, regents, faculty, trustees, directors, agents and employees, harmless from and against all losses, liabilities, demands, suits, judgments, and claims, including reasonable attorneys’ fees through appellate level, to the extent that such losses, liabilities, demands, suits, judgments, claims or fees are caused by the negligence of the indemnifying party, persons under its control, its employees, servants or agents (the “Indemnifying Party”), in performing its obligations under this Agreement. 3 Indemnification provided for in this section shall survive the termination or expiration of this Agreement. 5. THIRD-PARTY AGREEMENTS The University will work directly with any third-party entity desiring to work with ACUASI. The University has the sole authority to determine whether the University will assist the third-party entity with the FAA airspace approval processes. All fees associated with this work will be paid directly to the University. The County will work directly with any third-party entity desiring to conduct UAS- related testing, research and educational purposes in coordination with the University at Buchanan or Byron. The County has sole authority to determine whether to allow use of Buchanan or Byron. All fees associated with this work will be paid directly to the County. 6. TERMINATION Either party may terminate this Agreement upon 30 days’ advanced written notice to the other party. 7. AGREEMENT MODIFICATIONS This Agreement may be modified only by a writing signed by both parties. 8. NOTICES Any notices under this Agreement must be sent in writing to the representatives listed below by certified mail, return receipt request, or by a recognized overnight courier such as Federal Express. If any party to this Agreement changes its address, notice of the address change is to be delivered to the other party in accordance with this section. For the University of Alaska Fairbanks (Administrative): Rosemary Madnick Executive Director, Office of Grants and Contracts Administration PO Box 757880, WRRB 008 Fairbanks, Alaska 99775-7880 Phone: (907) 474-7301 UAF-OGCA@ALASKA.EDU 4 For the University of Alaska Fairbanks (Technical/Programmatic): Cathy Cahill, PhD Director, ACUASI 2160 Koyukuk Drive PO Box 757320 Fairbanks, Alaska 99775 Phone: (907) 455-2016 cfcahill@alaska.edu For Contra Costa County (Administrative/Technical/Programmatic): Keith Freitas Director of Airports Contra Costa County Airports 550 Sally Ride Drive Concord, CA 94520 Phone: (925) 681-4205 Fax: (925) 646-5731 keith.freitas@airport.cccounty.us 9. USE OF NAME Neither party may make (or have made on its behalf) any oral or written release of any statement, information, advertisement, or publicity in connection with this Agreement that uses the other party’s name, symbols, or trademarks without the other party’s prior written approval, which approval may be granted by an email from the principal contact. 10. RELATIONSHIP OF PARTIES The parties to this Agreement are independent contractors and nothing in the Agreement may be construed to be inconsistent with that relationship or status. Nothing contained in this Agreement may be construed to place the parties in a relationship of partners, joint venturers, or principal and agent. 11. HEADINGS The paragraph headings contained in this Agreement are for reference purposes only and may not be used to affect the meaning or interpretation of this Agreement. 12. WAIVER The waiver by any party of a breach or violation of any provision of this Agreement is not a waiver of any subsequent breach of the same or other provision. 5 13. COMPLETE AGREEMENT The parties are not relying upon any promises, understandings, circumstances, conduct, negotiations, expectations, representations or agreements, oral or written, express or implied, other than those expressly set forth in this Agreement. This Agreement is a complete integration and constitutes the entire agreement of the parties with respect to this subject matter and supersedes any prior agreement pertaining to its subject matter. 14. SEVERABILITY If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement will remain in full force and effect. 15. SIGNATORY AUTHORITY Each signer below warrants that he or she has authority to sign on behalf of and bind the respective Party. IN WITNESS WHEREOF, the parties are executing this Agreement as of the date first above written. University of Alaska Fairbanks County of Contra Costa _________________________________ _______________________________ Rosemary Madnick Keith Freitas Executive Director, Office of Grants and Director of Airports Contracts Administration Exhibit A Below is a template that can be used for Memoranda of Understanding (MoAs). MoAs will vary depending on the nature of the partnership. 1 Memorandum of Agreement Between [NAME OF Third-Party] And University of Alaska Fairbanks This agreement is made this _____ day of __________ between University of Alaska Fairbanks, a public institution of higher education which is located at ( full Address here), (hereinafter University of Alaska Fairbanks or UAF) and [NAME OF Third-Party] located at [ADDRESS OF third Party entity]. In the spirit of friendship and with mutual interest in cooperation, UAF and [NAME OF Third-Party] enter into this Memorandum of Understanding (MOA) to promote joint research, educational and cultural collaboration and agree as follows: ARTICLE 1: SCOPE OF COLLABORATION 1.1 Areas of collaboration may be proposed by either institution and may include, but are not limited to: [SELECT THOSE PERTINENT TO YOUR PARTNERSHIP. POSSIBILITIES INCLUDE, BUT ARE NOT LIMITED TO, THOSE LISTED BELOW] • Joint and articulated degree programs; • Joint teaching, research, or cultural activity; • Mobility of faculty, scholars, and students between institutions; • Staff professional development; • Sharing or creation of educational materials and resources. 1.2 Any specific activity developed under this MOA shall be detailed in a subsequent agreement, signed by each institution’s authorized signatory, which will describe the scope of the proposed activity, intended outcomes, budget, and responsible departments or individuals. 1.3 All activities shall be subject to the availability of funds and the approval of each institution’s authorized representatives. Exhibit A Below is a template that can be used for Memoranda of Understanding (MoAs). MoAs will vary depending on the nature of the partnership. 2 ARTICLE 2: DURATION AND EVALUATION 2.1 This MOA shall be in effect for a period of [XX] years from the last date of signature. Either party may request termination of this agreement, in writing, ninety (90) days prior to the proposed termination date. Any activities in progress at the time of termination shall be permitted to conclude as planned unless otherwise agreed in writing. 2.2 A joint evaluation of the MOA will be initiated by the designated representatives six (6) months prior to the expiration date. Following the evaluation, the MOA may be renewed and resigned for an additional five (X) year period. 2.3 Amendments to this MOA may be requested, in writing, by either party and approved by the authorized signatories. ARTICLE 3: NON-DISCRIMINATION The parties agree not to discriminate on the basis of religion, race, creed, national or ethnic origin, sex, age, handicap, political affiliation, sexual orientation, disability or status as a veteran. ARTICLE 4: COMPLIANCE WITH LAW The parties specifically intend to comply with all applicable laws, rules and regulations as they may be amended from time to time. If any part of this Agreement is determined to violate federal, state, or local laws, rules, or regulations, the parties agree to negotiate in good faith revisions to any such provisions. If the parties fail to agree within a reasonable time to revisions required to bring the entire Agreement into compliance, either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. ARTICLE 5: USE OF NAME None of the parties shall use the name, logo, likeness, trademark s, image or other intellectual property of either of the other parties for any advertising, marketing, endorsement or any other purposes without the specific prior written consent of an authorized representative of the other party as to each such use. Home Institution may refer to the affiliation with UAF in public information materials regarding the relevant Program. UAF reserves the right to review and request modification of Home Institution’s reference to UAF as necessary. Home Institution may refer to the affiliation with UAF in its brochures and other public information materials having to do with the Program. Exhibit A Below is a template that can be used for Memoranda of Understanding (MoAs). MoAs will vary depending on the nature of the partnership. 3 ARTICLE 6: INDEPENDENT CONTRACTORS Each party is separate and independent and this Agreement shall not be deemed to create a relationship of agency, employment, or partnership between or among them. Each party understands and agrees that this Agreement establishes an independent contractor relationship and that the agents or employees of each respective party are not employees or agents of any other party. ARTICLE 7: SEVERABILITY The provisions of this Agreement are severable, and if any provision of this Agreement is found to be invalid, void or unenforceable, the remaining provisions will remain in full force and effect. ARTICLE 8: WAIVER The waiver of any breach of any term of this Agreement does not waive any subsequent breach of that or another term of this Agreement. ARTICLE 9: ASSIGNMENT No party may assign this Agreement or any rights or obligations under this Agreement to any person or entity without the prior written consent of the other parties. Any assignment in violation of this provision is null and void. ARTICLE 10: GOVERNING LAW This Agreement shall be construed and enforced solely pursuant to the laws of the State of Alaska (USA), without giving effect to the principles of conflicts of laws thereof and the parties agree that this Agreement shall be subject to the sole and exclusi ve jurisdiction of the state and federal courts located in the State of Alaska (USA). The Parties agree that the foregoing governing law, jurisdiction and forum selections have been concluded as a result of arms-length negotiations and are not overly onerous or burdensome to either Party. Notwithstanding the foregoing, any court with competent jurisdiction may enforce the judgment and ruling of the state and federal courts located in the State of Alaska (USA). ARTICLE 11: ENTIRE AGREEMENT This Agreement constitutes the entire agreement and understanding between the parties as to the subject matter hereof and supersedes all prior discussions, agreements and undertakings of every kind and nature between them, whether written Exhibit A Below is a template that can be used for Memoranda of Understanding (MoAs). MoAs will vary depending on the nature of the partnership. 4 or oral, with respect to such subject matter. This Agreement may subsequently be modified only by a written document executed by both parties. ARTICLE 12: NOTICES Any consent, waiver, notice, demand, request or other instrument required or permitted to be given under this Agreement or any related agreements shall be in writing and shall be delivered by hand or sent prepaid telex, cable or facsimile transmission, or sent, postage prepaid, by registered, certified or express mail or reputable overnight courier service and shall be deemed given when so delivered by hand, telexed, cabled or transmitted, or if mailed, five (5) days after the notice is delivered to the courier service, addressed to the addresses set forth herein, or to such other address as may later be specified in writing by either party. For [Name of Third-Party entity] _________________________________ Name, Title DATE: ___________________________ For University of Alaska Fairbanks _________________________________ Name, Title DATE: ___________________________ Page 1 of 3 Exhibit B TEMPORARY USE PERMIT FOR BYRON AIRPORT Subject to the terms and conditions set forth below, this Temporary Use Permit (“Permit”) is granted to (Name of third Party entity) (“Permittee”) to enable Permittee to test new aviation technology that includes hover testing of an experimental, electric Vertical Take-Off and Landing (VTOL) drone at Byron Airport. A. Term 1. The permission granted by this Permit begins on (enter date), and terminates on (enter date), in accordance with this Permit. County may terminate this Permit at any time upon five (5) days written notice to Permittee in the event Permittee violates any term or condition of this Permit. Either party may terminate this Permit by giving five (5) days’ prior written notice to the other. 2. Permittee may enter upon and use that portion of Byron Airport depicted in yellow on Exhibit A (“Premises”). 3. Permittee may use the Premises to perform hover testing of an experimental, electrical VTOL drone. Any changes in location or use must be approved in writing, in advance, by the Director of Airports. Airport staff will confirm the area is available on testing days. Please note that any testing may be terminated at any time for safety reasons. 4. Permittee agrees that it will not use or allow the Premises to be used, in whole or in part, for any purpose other than as described in this Permit without the prior written consent of the Director of Airports. Permittee shall provide, at Permittee’s sole expense, its own equipment, and other personal property necessary or convenient for its use of the Premises. B. Fees 1. Prior to the effective date of this Permit, Permittee shall pay to County a fee equal to One Hundred Dollars ($100.00) per day. Any payment received after (enter date), will be deemed delinquent and will be subject to additional fees. All checks are to be made payable to Contra Costa County and mailed to: Director of Airports, 550 Sally Ride Drive, Concord, CA 94520. 2. If the fee is delinquent, Permittee shall pay to County a late fee of Twenty-Five Dollars ($25.00), plus accrued interest at a rate of one and one-half percent (1.5%), or the maximum legal rate, per month on any unpaid balance until paid in full. 3. Upon Permittee’s execution of this Permit, Permittee shall submit a check to the Director of Airports in the amount of One Hundred Dollars ($100.00), payable to Contra Costa County, as a security deposit. The County will return the security deposit, less any amount due to the County, within thirty (30) days after the termination of this Permit. C. Insurance Permittee shall certify the following liability insurance coverage is in effect prior to the commencement of this Permit and shall maintain said coverage in full force and effect Page 2 of 3 until the expiration or termination of this Permit: Comprehensive General Liability insurance with a minimum combined single-limit coverage of Two Million and No/100 Dollars ($2,000,000.00) for all claims and losses due to bodily injury or death to any person, or damage to property, including loss of use thereof, arising out of each accident or occurrence. Permittee shall provide the Director of Airports with a Certificate of Insurance signed by an authorized representative of the insurance company, containing the following provision: • The County of Contra Costa, its officers, agents, employees are endorsed to be an additional insured as respects the liability coverage afforded. Permittee shall provide the County with a new certificate of insurance within fourteen (14) days from the expiration date of the certificate on file. D. Safety Precautions: Permittee shall: 1. Provide copy of FAA FAR Part 107 pilot certificate or FAA private pilot’s license 2. Provide copy of FAA Certificate or Authorization (COA) to conduct flight operations 3. Provide documentation that UAS/aircraft is certified/register with the FAA for flight operations 4. Provide a copy of ConOps 5. Ensure flight operations meet all FAA regulations 6. Limit testing to the area identified in Exhibit A or as directed by Airport Operations staff 7. Not unload, handle, or store any material or substance on or around the Premises that would be dangerous or pose a health or safety risk. 8. Remove all debris and trash from the Premises and deposit it in the dumpster. 9. Attend a pre-operations/safety meeting with Airport Operations staff prior to the commencement of testing. 10. Contact Airport Operations staff on duty at (925) 608-8383 between (enter date), prior to performing testing each day to confirm test details. 11. Maintain radio contact with Airport Operations staff on duty during testing. 12. Remove any and all equipment to restore the airfield to its preexisting condition. E. Conditions 1. Permittee must restore the property to the condition it was in prior to their use, reasonable wear and tear excepted, and must leave the Premises in a neat, clean and orderly condition after every use. Upon failure to do so, work may be performed by County at Permittee’s expense and will be deducted from the security deposit. 2. This Permit may be revoked or suspended in the event of a breach of any of the terms and conditions herein. 3. This permission may not be transferred or assigned. F. Hold Harmless: Page 3 of 3 Permittee shall defend, indemnify, and hold harmless the County of and from any and all third party claims, demands, costs, damages, losses, actions, causes of action or judgements which County may pay or be required to pay by reason of any damage, injury, or death to any person or property suffered by any person, firm or corporation as a result of the exercise of the permission herein by Permittee. G. Lawful Conduct: Permittee agrees that it will obey and observe, and that it will use due diligence to require all persons entering upon the Premises to obey and observe all terms of this Permit and applicable laws and ordinances, orders, rules and regulations relating to the use of the Premises whether federal, state or local in origin or as directed by Airport staff and relating to the use of the Premises. Permittee is responsible for paying all fines, penalties, and charges that are levied for violation of laws, orders, rules, regulations, ordinances, and requirements arising out of the operations of Permittee or its agents. H. Permittee Notification: Any and all communication related to modification and/or termination of this Permit must be in writing. Permittee’s preferred notification method is (check one): Email US Mail Permittee shall complete all contact information below: Email: Street Address (Note: this must be a physical address and not a P.O. Box if this the preferred notification method as noted above) (enter name and address of third Party entity) Attention of: Phone Number: With a copy to: (enter name and address of third Party entity) PERMITTEE CONTRA COSTA COUNTY By: __________________________ By: __________________________ Date: ________________________ Date: _________________________ RECOMMENDATION(S): DENY claims filed by Joyce Al-Islam (2), Adam Crawley, Clarence Frazier, Bianca S. Garcia, Shukriah Khan and Aslam Khan, Troy King, Micaela Morales Mendez, and Julius Michael Parker. DENY amended claim filed by Krishna Lama. DENY late claim filed by Deronta T. Lewis. FISCAL IMPACT: No fiscal impact. BACKGROUND: Joyce Al-Islam (2): Personal injury claim for a trip and fall in an amount pending. Adam Crawley: Personal injury claim for injuries sustained in bicycle accident in the amount of $500,000. Clarence Frazier: Personal injury for damages due to medical negligence in the amount of $80,000,000. Bianca S. Garcia: Property claim and personal injury claim damages arising out of motor vehicle accident in an amount to exceed $25,000. Shukriah Khan & Aslam Khan: Personal injury claim for medical negligence in an amount to be determined. Troy King: Personal injury claim for fraud and abuse of power in unknown APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Claims BACKGROUND: (CONT'D) amount. Micaela Morales Mendez: Personal injury claim for trip and fall in the amount of $30,000. Julius Michael Parker: Personal injury claim for damages arising out of motor vehicle accident in an amount to exceed $25,000. Krishna Lama: Amended claim for lost personal property in the amount of $1,201.85 Deronta T. Lewis: Request that Board of Supervisors accept a late claim for damages due to motor vehicle accident and medical negligence. RECOMMENDATION(S): APPROVE and AUTHORIZE a settlement with Families First, Inc., in the False Claims Act lawsuit County of Alameda, et al., ex rel. Helen Haeri Kim and Lisa Little Villela v. Families First, Inc. (Alameda County Superior Court Case No. RG14733912), requiring payment of approximately $630,379 to the County, as recommended by the Health Services Director. (100% Incoming Funds.) APPROVE and AUTHORIZE the County Counsel, or designee, to execute the settlement agreement on behalf of the County. FISCAL IMPACT: The County will receive approximately $630,379 in settlement funds from Families First. BACKGROUND: This relates to a settlement of a state False Claims Act lawsuit brought by relators on behalf of themselves, the State of California, and several counties, including Contra Costa County. The lawsuit was filed against Families First, Inc., a County contractor that operates group homes for children and youth with severe APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Matthew Luu, (925)957-5130 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 14 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:APPROVE and AUTHORIZE a settlement with Families First, Inc. BACKGROUND: (CONT'D) emotional and behavioral challenges. The lawsuit alleged that Families First failed to provide adequate day treatment intensive services, failed to assign adequate and appropriately trained staff, and submitted false billing statements, among other things, at its Davis, California, facility during the period from January 1, 2004, through December 31, 2014 (collectively, the “covered conduct”). A settlement has been reached in the lawsuit. Under the settlement, Families First will pay the County approximately $630,379 in damages. Families First will be released from all liabilities related to the covered conduct. Families First will continue to indemnify the County from penalties that arise from a state or federal audit involving the covered conduct. Families First also will not be released from criminal liability, any liability for out-patient services, any liability for services provided at facilities other than the Davis facility, or any liability for third-party claims unrelated to the covered conduct. CONSEQUENCE OF NEGATIVE ACTION: The litigation against Families First will not settle. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:March 10, 2020 Contra Costa County Subject:Recognizing March 2020 as American Red Cross Month in Contra Costa County AGENDA ATTACHMENTS Resolution 2020/34 MINUTES ATTACHMENTS Signed Resolution No. 2020/34 In the matter of:Resolution No. 2020/34 Recognizing March 2020 as American Red Cross Month in Contra Costa County WHEREAS; every year, the American Red Cross, the largest humanitarian organization in the world, responds to an average of more than 60,000 disasters across the country from small home fires to massive disasters; and WHEREAS; March is American Red Cross Month, a time when we recognize the humanitarian organization that eases people’s suffering during life’s emergencies in Contra Costa County, across the United States and around the world. WHEREAS; The American Red Cross has a long history of helping our neighbors in their time of greatest need by delivering shelter, care and hope during disasters; making our community safer through its lifesaving Home Fire Campaign; providing lifesaving blood; teaching skills that save lives; and supporting military veterans and their families; and WHEREAS; last year in Contra Costa County, American Red Cross volunteers helped 168 people affected by 110 home fires providing emotional support, addressing immediate needs and helping families recover with emergency financial assistance or community resources; collected 15,491 units of lifesaving blood; taught skills that save lives to 10,747 community members; provided international humanitarian aid; and supported 835 military members and their families; and WHEREAS; when large disasters like the Kincaid fire, the Ridgecrest earthquake, Hurricane Dorian and the Coastal hurricanes and Midwest tornadoes and floods devastated families in other parts of the country last year, volunteers from Contra Costa County were among the nearly 9,000 Red Crossers who left their homes to work alongside partners to provide refuge, food, relief items, emotional support; and WHEREAS; the Red Cross continues to work with its partners to prevent fire tragedies through its national Home Fire Campaign, which installed its 2 millionth free smoke alarm last year and has saved almost 700 lives across the country since launching five years ago; and in Contra Costa County, the American Red Cross and local partners installed nearly 1,500 free smoke alarms and made 471 households safer from the threat of home fires; and WHEREAS; during last years Red Flag Warnings, complicated by the Public Safety Power Shutoffs, American Red Cross worked tirelessly beside its Government and Community partners to coordinate preparedness efforts and develop response plans for the high fire danger by putting volunteers on stand by to open evacuation centers, shelters and staff the Emergency Operations Center; and WHEREAS; every day, people in our community depend on the American Red Cross, whose lifesaving mission is powered by the devotion of volunteers, generosity of donors and partnership of community organizations. We dedicate the month of March to all those who support its vital work to prevent and alleviate human suffering in the face of emergencies. NOW, THEREFORE, the Contra Costa County Board of Supervisors does hereby proclaim March 2020 as Red Cross Month. We encourage all Americans to support this organization and its noble humanitarian mission. ___________________ 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: March 10, 2020 David J. Twa, By: ____________________________________, Deputy C.15, PR.1 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 9259578860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 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:Candace Andersen, District II Supervisor Date:March 10, 2020 Contra Costa County Subject:Resolution Recognizing March 2020 as Prescription Drug Abuse Awareness Month AGENDA ATTACHMENTS Resolution 2020/52 MINUTES ATTACHMENTS Signed Resolution No. 2020/52 In the matter of:Resolution No. 2020/52 recognizing March as Prescription Drug Abuse Awareness Month in Contra Costa County. WHEREAS:  Anyone who takes prescription opioids can become addicted to them. In fact, as many as one in four patients receiving long-term opioid therapy in a primary care setting struggles with opioid addiction.  Once addicted, it can be hard to stop; and     WHEREAS:  Most teenagers who abuse prescription opioids get them for free from a friend or relative – but those at highest risk of overdose are as likely to get them from a doctor’s prescription; and   WHEREAS: Young adults aged 18 to 25 have the highest annual and monthly rates of nonmedical use of prescription medications of any age group in the US, with notable consequences from using opioid, stimulant, tranquilizer and sedative medication; and     WHEREAS: In 2018 in Contra Costa County there were 641,374 prescriptions given to patients for opioids which is an age-adjusted rate of 481.5 prescriptions per 1,000 residents which is higher than the state rate of 456.9; and  WHEREAS: According to provisional Center for Disease Control and Prevention (CDC) data, among the more than 68,557 drug overdose deaths nationally in 2018, 47,590 deaths involved an opioid 6 and 82 opioid related overdose deaths occurred in Contra Costa County; and     WHEREAS:  In 2018, a total of 8,832 emergency department visits occurred in California that were related to any opioid overdose and 209 of those visits occurred in Contra Costa County; and      WHEREAS:  It is estimated that the “economic burden” of prescription opioid misuse alone in the United States is $78.5 billion a year, including the costs of healthcare, lost productivity, addiction treatment, and criminal justice involvement; and      WHEREAS: Americans that have participated in DEA’s eighteen National Prescription Drug Take-Back Days have turned in more than 6,349.7 tons of medication since the Fall of 2010 at take-back sites available in all 50 states and U.S. territories , and in Contra Costa County, during the October 2019 DEA sponsored Take-Back Day, 1,514.7 pounds of unwanted or unused prescription medication were removed; and      WHEREAS, the Contra Costa County Board of Supervisors supports April 25, 2020 as “National Prescription Drug Take Back Day” as declared by the DEA and encourages resident s to locate their local collection site and safely dispose of their accumulated unwanted, unused prescription drugs; and     WHEREAS, the Contra Costa County Medication Education and Disposal Safety (MEDS) Coalition engages youth and adult stakeholders from across the county to participate in Prescription Drug Abuse Awareness Month activities to raise awareness about prescription drug dangers, promote safe medication storage and disposal and ensure naloxone is available for those at high risk of overdose; and THEREFORE, BE IT RESOLVED THAT the Contra Costa County Board of Supervisors does hereby declare March, 2020 as Prescription Drug Abuse Awareness Month, and encourages all citizens to participate in prescription drug related prevention programs and activities; Be it also resolved that the County Board of Supervisors encourages all community members to pledge, “Spread the Word… One Pill Can Kill”.  ___________________ 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 I hereby certify that this is a true and correct copy of an action taken  and entered on the minutes of the Board of Supervisors on the date  shown.   ATTESTED:    March  10, 2020    David J. Twa,    By: ____________________________________, Deputy C.16, PR.2 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 9259578860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 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:Candace Andersen, District II Supervisor Date:March 10, 2020 Contra Costa County Subject:Resolution recognizing the 100th Anniversary of Women's Right To Vote AGENDA ATTACHMENTS Resolution 2020/53 MINUTES ATTACHMENTS Signed Resolution No. 2020/53 In the matter of:Resolution No. 2020/53 recognizing the 100th Anniversary of Women's Right to Vote. an organized movement to enfranchise women began in July 1848, at a convention in Seneca Falls, NY; and Whereas: brave and courageous women, referred to as suffragists, sacrificed their personal lives and financial resources for nearly 75 years to pursue equal rights for women, especially the right to vote; and Whereas: diverse women and men of all races and religions, supported the woman’s suffrage movement so that women might gain the constitutional right to vote and to have a voice in making the laws that governed them; and Whereas: the woman’s suffrage movement led to the Congressional passage of the 19 th Amendment to the United States Constitution in 1919; with ratification by the states in August of 1920; and Whereas: the National American Woman Suffrage Association created the League of Women Voters of the United States in 1920 to register people to vote and to educate all voters; and Whereas: although women today constitute a majority vote in our county, the state, and the country, are running for office in higher numbers, and are more active in the election process than ever before, much work still needs to be done to achieve equality and parity in elected office; and that the Contra Costa County Board of Supervisors, hereby recognize and celebrate the 100 th Anniversary of the ratification of the 19th Amendment to the United States Constitution and the founding of the League of Women Voters of the United States, of California, of Diablo Valley and of West Contra Costa County, and commend those brave women of the past for these historic accomplishments and to the tireless women of the present for their impact on civil engagement in the electoral process of our County, State and Nation. ___________________ 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: March 10, 2020 David J. Twa, By: ____________________________________, Deputy C.17, PR.3 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Joe Yee (925) 313-2104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 18 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:PRESENTATION recognizing Anthony Gomez for his 25 years of service to Contra Costa County AGENDA ATTACHMENTS Resolution No. 2020/75 MINUTES ATTACHMENTS Signed Resolution No. 2020/75 In the matter of:Resolution No. 2020/75 RECOGNIZING the contributions of Anthony Gomez on his 25 years of service to Contra Costa County . WHEREAS Anthony Gomez began his career with Contra Costa County on October 11, 1994, as an Equipment Service Worker within the Fleet Services Division of the Public Works Department; and Whereas Anthony Gomez obtained 17 years of automotive and equipment repair experience while diligently performing preventive maintenance on the County’s fleet vehicles and equipment. He was also assigned to the Fleet maintenance mobile service truck four days a month. During this assignment, he performed preventive maintenance in the field and/or at the Public Works’ satellite locations on a variety of different units. As a result, his work with the mobile service truck helped reduce down time and cost of vehicle preventative maintenance by eliminating lengthy travel times to/from remote locations and the Fleet Services Center in Martinez; and WHEREAS in 2012 Anthony Gomez accepted his new role as a Fleet Service Writer, where he currently assists numerous customers and co-workers, and is responsible for scheduling repairs and preventative maintenance on the County’s vehicles and equipment; and Whereas Anthony Gomez has earned several automotive training certificates. This coupled with his 25 years of experience make him more valuable to our customers, co-workers and overall Fleet Services team. Anthony continually draws on his many years of intimate vehicle and equipment knowledge, experience and training to assist our team and customers with any questions. Anthony also helps to dispatch the appropriate shop resources to effectively resolve maintenance issues in the field. In his Service Writer capacity, he is also responsible for the assignment of pool cars, working with vendors, and continually monitors and documents the completion of services and repairs; and Whereas Anthony Gomez continues to apply his automotive experience in his role as one of two Services Writers for the County’s Fleet Services Division. He continues to diligently serve our large customer base and has been given great marks for his customer service; and continues to perform his duties while providing effective communication to customers and co-workers; and Whereas Anthony Gomez has assisted in several other areas within the Fleet Services Division such as: work order assignments, vehicle maintenance appointment coordination along with the Fleet Lead Technician and Fleet Specialist. He currently assists with reduction of the preventive maintenance backlog of overdue units, and vehicle/equipment drop off/pick up notifications to the various County departments; and NOW, THEREFORE, IT IS BY THE BOARD RESOLVED that the Contra Costa County Board of Supervisors hereby recognizes Anthony Gomez for his 25 years of dedicated service to Contra Costa County and for the excellent quality of work performed by him during his career. Passed and Adopted on March 10, 2020, by a unanimous vote of the Board of Supervisors of the County of Contra Costa. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS Chair, District I Supervisor District III Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER 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: March 10, 2020 David J. Twa, By: ____________________________________, Deputy C.18, PR.4 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 9255217100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 19 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:March 10, 2020 Contra Costa County Subject:In the matter of honoring Susan (Sue) Guest on the occasion of her retirement from Contra Costa County Public Health Nursing after 32 years of service AGENDA ATTACHMENTS Resolution 2020/69 MINUTES ATTACHMENTS Signed Resolution No. 2020/69 In the matter of:Resolution No. 2020/69 In the matter of honoring Susan (Sue) Guest on the occasion of her retirement from Contra Costa County Public Health Nursing after 32 years of service. Whereas, Sue started as a Public Health Nurse in Contra Costa County Sept 1, 1987, working in the Public Health Nursing program for East County and provided direct patient care involving multidisciplinary case management, interacted with physicians, community and other county agencies; and Whereas, Sue’s career soon placed her with the Contra Costa County Home Health Agency (HHA) from 1990-1999; and Whereas, Sue worked as a Home Health Public Health Nurse before being promoted to an Interim Supervisor then Supervisor; and Whereas, she provided direct supervision of nursing staff, home health aides, medical social workers, quality assurance staff and clerical staff; and Whereas, Sue was a liaison with community providers; participating in developing budgets and developing policy and procedures; and Whereas, June of 1999, Sue began working for Public Health Clinic Services as a Nurse Manager and was instrumental in the development of Target Case Management (TCM) and the Medi-Cal Administrative Activities for Public Health, clinical program development of the Teenage Program, Chest Clinic, Refugee Clinic and other Special Projects; and Whereas, from 2000-2018, Sue added to her management duties, coordinating and managing the County’s Occupational Health Clinic; and Whereas, in 2001, Sue became the Local Government Agency (LGA) Coordinator for Targeted Case Management (TCM) and has remained in this position until present day; and Whereas, in 2012, Sue became the Public Health Nursing Adult Pool Manager; and Whereas, she helped form Local 21 in 2008. The union was recognized in 2012 and that’s when she was nominated and voted in as president; and Whereas, throughout her career, Sue has been a strong advocate of all disciplines coordinating care for Contra Costa County residents; and Whereas, she has mentored countless individuals and selflessly encouraged and assisted many to reach their personal and professional goals. Her diligence, persistence and patience are qualities to both be reflected on and strived for. Now therefore be it resolved that the Contra Costa County Board of Supervisors recognizes Susan Guest on the occasion of his retirement and honors her hard work to continue to improve health care within our 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: March 10, 2020 David J. Twa, By: ____________________________________, Deputy C.19, PR.4 RECOMMENDATION(S): ADOPT Resolution No. 2020/72 authorizing Contra Costa County to join with other public agencies as a participant of the California Asset Management Trust (the “Trust”) and to invest in shares of the Trust and in individual portfolios managed by the investment adviser to the Trust. FISCAL IMPACT: Service fees and costs will be deducted directly from the monies invested in the shares of and the interest received from the Trust. BACKGROUND: After performing extensive due diligence, the County Treasurer identified the California Asset Management Program (“CAMP”) consisting of the California Asset Manage Trust (the “Trust”) and individual portfolios as a well-established investment program. The Trust, a California joint powers authority, was created in 1989 when two public agencies formed the Trust to meet local government investment needs in a manner and at a cost determined by the local governments that use the program. Shares issued by the Trust fall within a legally permissible investment category under the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Ronda Boler, 925-957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 20 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:March 10, 2020 Contra Costa County Subject:Resolution No. 2020/72 authorizing Contra Costa County as a participant of the California Asset Management Trust BACKGROUND: (CONT'D) California Government Code section 53601 (p), which states all California local agencies may invest in shares of beneficial interest issued by a joint powers authority, as well as the County’s Investment Policy. Any assets in individual portfolios will also be invested in those investments permitted by the California Government Code and the County’s Investment Policy. The investment portfolios offered by CAMP and managed by the investment adviser to the Trust not only accommodate the County’s daily liquidity needs but also provide investment diversification of the County’s Treasury Pool. CONSEQUENCE OF NEGATIVE ACTION: The County Treasurer will need to identify an alternative investment mechanism to complement the existing Treasury Pool. AGENDA ATTACHMENTS Resolution 2020/72 CAMP Resolution MINUTES ATTACHMENTS Signed Resolution No. 2020/72 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/72 In the matter of: Authorizing Contra Costa County to join with other public agencies as a participant of the California Asset Management Trust and to invest in shares of the Trust and in individual portfolios. The Board of Supervisors of Contra Costa County resolves that: WHEREAS, Section 6509.7 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the “Joint Exercise of Powers Act”) provides that, if authorized by their legislative or other governing bodies, two or more public agencies that have the authority to invest funds in their treasuries may jointly exercise that common power by agreement; WHEREAS, under Sections 6500 and 6509.7(b) of the Joint Exercise of Powers Act, a “public agency” includes, but is not limited to, any California county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission, state department or agency, any joint powers authority formed pursuant to the Joint Exercise of Powers Act by public agencies or any nonprofit corporation whose membership is confined to public agencies or public officials; WHEREAS, public agencies that constitute local agencies, as that term is defined in Sections 53600 of Title 5, Division 2, Part 1, Chapter 4, Article 2 of the California Government Code (the “Government Code”), are authorized pursuant to Section 53601(p), to invest all money belonging to, or in the custody of, a local agency not required for its immediate need in shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 of the Government Code that invests in the securities and obligations authorized in Government Code Section 53601, subdivisions (a) to (r), inclusive; WHEREAS, the California Asset Management Trust (the “Trust”) was established, pursuant to and in accordance with the Joint Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989, as subsequently amended from time to time (the “Declaration of Trust”), as a vehicle for public agencies to jointly exercise their common power to invest the proceeds of debt issues and public agency surplus funds; WHEREAS, pursuant to and in accordance with the Joint Exercise of Powers Act, Contra Costa County, after conducting due diligence, desires to join with public agencies which are or will be Participants of the Trust by adopting and executing the Declaration of Trust, a form which is on file in the Contra Costa County Treasurer-Tax Collector’s Office; WHEREAS, Contra Costa County is a “public agency” as that term is defined in Sections 6500 and 6509.7(b) of the Joint Exercise of Powers Act and a “local agency” as that term is defined in Section 53600 of the California Government Code; WHEREAS, Contra Costa County is otherwise permitted to be a Participant of the Trust and to invest funds in the Trust and in the individual portfolios to be managed by the Investment Adviser to the Trust (“Individual Portfolios”); and WHEREAS, a program guide describing the Trust and the Individual Portfolios (the “Program Guide”) is on file in the Contra Costa County Treasurer-Tax Collector’s Office. NOW, THEREFORE, BE IT RESOLVED by the Contra Costa County Board of Supervisors as follows: Section 1. Contra Costa County shall join with other public agencies pursuant to and in accordance with the Joint Exercise of Powers Act by executing the Declaration of Trust (attached) and thereby becoming a Participant in the Trust. The Treasurer-Tax Collector, or designee, is hereby authorized to execute, and the Board of Supervisors is hereby authorized to attest and deliver, the Declaration of Trust. Section 2. The Treasurer-Tax Collector, or designee, on behalf of the County, is hereby authorized to purchase shares in the Trust from time to time with available funds of the County, and to redeem some or all of those shares from time to time as such funds are needed. Section 3. The Treasurer-Tax Collector, or designee, on behalf of the County, is hereby authorized to invest available funds of the County from time to time in one or more Individual Portfolios managed by the Investment Adviser to the Trust and described in the Program Guide. Section 4. The appropriate officers, agents and employees of Contra Costa County are hereby authorized and directed in the name and on behalf of Contra Costa County to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, and any changes, amendments, modifications, or waivers thereto which they, or any of them, might deem necessary or appropriate in order to accomplish the purposes of this Resolution. Section 5. This Resolution supersedes Resolution No. 1991/143 and shall take effect at the time of the adoption. By: (Name) (Title) ATTEST: By: __________________________________ (Name) __________________________________ (Title) __________________________________ (Date) Contact: Ronda Boler, 925-957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.20 In the matter of: Authorizing Contra Costa County to join with other public agencies as a participant of the California Asset Management Trust and to invest in shares of the Trust and in individual portfolios. The Board of Supervisors of Contra Costa County resolves that: WHEREAS, Section 6509.7 of Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the “Joint Exercise of Powers Act”) provides that, if authorized by their legislative or other governing bodies, two or mor e public agencies that have the authority to invest funds in their treasuries may jointly exercise that common power by agreement; WHEREAS, under Sections 6500 and 6509.7(b) of the Joint Exercise of Powers Act, a “public agency” includes, but is not limited to, any California county, county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission, state department or agency, any joint powers authority formed pursuant to the Joint Exercise of Powers Act by public agencies or any nonprofit corporation whose membership is confined to public agencies or public officials ; WHEREAS, public agencies that constitute local agencies, as that term is defined in Sections 53600 of Title 5, Division 2, Part 1, Chapter 4, Article 2 of the California Government Code (the “Government Code”), are authorized pursuant to Section 53601(p), to invest all money belonging to, or in the custody of, a local agency not required for its immediate need in shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 of the Government Code that invests in the securities and obligations authorized in Government Code Section 53601, subdivisions (a) to (r), inclusive; WHEREAS, the California Asset Management Trust (the “Trust”) was established, pursuant to and in accordance with the Joint Exercise of Powers Act, by a Declaration of Trust, made as of December 15, 1989, as subsequently amended from time to time (the “Declaration of Trust”), as a vehicle for public agencies to jointly exercise their common power to invest the proceeds of debt issues and public agency surplus funds; WHEREAS, pursuant to and in accordance with the Joint Exercise o f Powers Act, Contra Costa County, after conducting due diligence, desires to join the other public agencies which are or will be Participants of the Trust by adopting and executing the Declaration of Trust, a form which is on file in the Contra Costa County Treasurer-Tax Collector’s Offic e; WHEREAS, Contra Costa County is a “public agency” as that term is defined in Sections 6500 and 6509.7(b) of the Joint Exercise of Powers Act and a “local agency” as that term is defined in Section 53600 of the California Government Code; WHEREAS, Contra Costa County is otherwise permitted to be a Participant of the Trust and to invest funds in the Trust and in the individual portfolios to be managed by the Investment Adviser to the Trust (“Individual Portfolios”); and WHEREAS, a program guide describing the Trust and the Individual Portfolios (the “Program Guide”) is on file in the Contra Costa County Treasurer -Tax Collector’s Office. NOW, THEREFORE, BE IT RESOLVED by the Contra Costa County Board of Supervisors as follows: Section 1. Contra Costa County shall join with other public agencies pursuant to and in accordance with the Joint Exercise of Powers Act by executing the Declaration of Trust (attached) and thereby becoming a Participant in the Trust . The Treasurer-Tax Collector, or designee, is hereby authorized to execute, and the Board of Supervisors is hereby authorized to attest and deliver, the Declaration of Trust. Section 2. The Treasurer-Tax Collector, or designee, on behalf of the County, is hereby authorized to purchase shares in the Trust from time to time with available funds of the County, and to redeem some or all of those shares from time to time as such funds are needed. Section 3. The Treasurer-Tax Collector, or designee, on behalf of the County, is hereby authorized to invest available funds of the County from time to time in one or more Individual Portfolios managed by the Investment Adviser to the Trust and described in the Program Guide. Section 4. The appropriate officers, agents and employees of Contra Costa County are hereby authorized and directed in the name and on behalf of Contra Costa County to take all actions and to make and execute any and all certificates, requisitions, agreements, notices, consents, warrants and other documents, and any changes, amendments, modifications, or waivers thereto which they, or any of them, might deem necessary or appropriate in order to accomplish the purposes of this Resolution. Section 5. This Resolution supersedes Resolution No. 1991/143 and shall take effect at the time of the adoption. By: (Name) (Title) ATTEST: By: _________________________________ (Name) _________________________________ (Title) _________________________________ (Date) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 9259578860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 21 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:March 10, 2020 Contra Costa County Subject:Resolution Recognizing Rick and Janet Cronk as Lafayette Citizens of the Year AGENDA ATTACHMENTS Resolution 2020/79 MINUTES ATTACHMENTS Signed Resolution No. 2020/79 In the matter of:Resolution No. 2020/79 recognizing Rick and Janet Cronk as Lafayette Citizens of the Year. William F. “Rick” Cronk and Janet Cronk have supported local, regional and international philanthropies, and have volunteered and served as leaders in numerous local causes; and Whereas, Rick remains active with many civic and business organizations, dedicating much of his free time to Boy Scouts of America, he completed his term as the National President, 2006-2008 and continued serving on the National Executive Board of the Boy Scouts of America, he is also past Chairman of the World Scout Foundation, 2005-2007; and Whereas, Janet is a committed supporter of education, health care and the arts, she is involved with her Alma Mater Cal Berkeley, John Muir Health and Diablo Regional Arts Association, she sits on the John Muir Health Women’s Philanthropic Circle and is a Presenting Sponsor of DRAA’s Women’s Artistic Alliance; and Whereas, Rick and Janet have been Lafayette residents since 1983, having a significant impact on the City in both time and resources, remaining active members in a number of organizations, groups and local school projects; and Whereas, Rick and Janet are the proud parents of three sons and grandparents to five. that the Board of Supervisors of Contra Costa County does hereby honor Rick and Janet Cronk As Lafayette’s 2020 Citizens of the Year. ___________________ 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: March 10, 2020 David J. Twa, By: ____________________________________, Deputy C.21 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Allison Knapp (925) 313-2177 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 22 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Recognizing Cece Sellgren on the occasion of her retirement from Contra Costa County AGENDA ATTACHMENTS Resolution No. 2020/83 MINUTES ATTACHMENTS Signed Resolution No. 2020/83 In the matter of:Resolution No. 2020/83 RECOGNIZING the contributions of Cece Sellgren on the occasion of her Retirement from Contra Costa County. WHEREAS, Cece Sellgren has announced her retirement after 22 years of dedicated service to Contra Costa County; and    WHEREAS Cece began her career with Contra Costa County in 1997 as an Environmental Planner for the Public Works Department in the Design Division, and in 2008 was promoted to Environmental Analyst III in the Engineering Services Division; and      Whereas in 2005 Cece received recognition for her work on the Rossmoor Detention Basin Expansion Project, allowing the project to move forward while protecting valuable habitat; and     WHEREAS in 2007 Cece received an Award of Excellence for completing the CEQA document in a very short time for the Lower Walnut Creek Interim Protection Measures Project which had to be planned, designed and permitted in four months; and     WHEREAS Cece was one of the five awardees of the J. Michael Walford Project Team of the Year Award in 2007 for participating in the Lower Walnut Creek Interim Protection Measures Project that exemplified excellence in performing a Public Works project in such a short amount of time; and      WHEREAS in 2009 Cece was transferred to the Flood Control Division to provide full time support on environmental issue assistance, project planning and development, maintenance activity permitting, policy and strategic planning development and staff training; and      WHEREAS in 2009 Cece was nominated for the J. Michael Walford Employee of the Year for leading the Goat Grazing Project to study the benefits of using goats to abate weeds in flood control channels rather than using chemicals; and      WHEREAS from 2011 to 2019 Cece coordinated the County Watershed Program which works to improve the quality of stormwater in unincorporated community storm drain systems; and      WHEREAS in 2013 Cece received recognition from the Public Works Director because of the excellent work she did in responding to the Notice of Violation issued to the County from the Regional Water Quality Control Board; and    WHEREAS Cece long advocated for and supported the needs of local watershed creek groups throughout the County, funding their activities for several years with a unique grant program; and      WHEREAS from 2014 to 2019 Cece was an active member of the County’s Integrated Pest Management Committee, chairing the committee for several years; and    NOW, THEREFORE, IT IS RESOLVED, that the Board of Supervisors does hereby recognize and honor Cece Sellgren upon her retirement for 22 years of dedicated service to Contra Costa County.    ___________________ 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:    March  10, 2020    David J. Twa,    By: ____________________________________, Deputy C.22, PR.4 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Steve Kowalewski (925) 313-2225 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 23 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Recognizing Sherri Reed for her 30 years of service to Contra Costa County AGENDA ATTACHMENTS Resolution No. 2020/86 MINUTES ATTACHMENTS Signed Resolution No. 2020/86 In the matter of:Resolution No. 2020/86 RECOGNIZING the contributions of Sherri Reed on her 30 years of service to Contra Costa County. WHEREAS Sherri Reed began her career with Contra Costa County on January 22, 1990, as a Beginning Level Clerk with the Public Works Department working at the front desk as a receptionist; and Whereas Sherri Reed was promoted to an Experienced Level Clerk in August 1991, then in August 1993, she received an Award of Excellence as a team for providing exceptional customer service; and Whereas Sherri Reed was promoted to a Senior Level Clerk, where she spent time supporting the following divisions over the years: Administration, Computers, Design, Maintenance, Special Districts, Environmental, Engineering Services and Real Estate; and Whereas Sherri Reed received an Award of Excellence in May 2005, for her quality of service exemplified and her many efforts in being a team player; and Whereas Sherri Reed was promoted to a Clerk Specialist supporting the divisions of Transportation Engineering and Administration as the Agenda Clerk; and WHEREAS over the years, Sherri Reed has put in countless volunteer hours with the Public Works Employee Association, with the combined charities campaign, and has taken a lead role in coordinating the discounted Costco Memberships for employees; and WHEREAS Sherri Reed has received numerous thank you notes and emails during her time at Public Works for her willingness to help customers and coworkers for providing outstanding customer service; and NOW, THEREFORE, IT IS BY THE BOARD RESOLVED that the Contra Costa County Board of Supervisors hereby recognizes Sherri Reed for her 30 years of dedicated service to Contra Costa County and for the excellent quality of work performed by her during her career. Passed and Adopted on March 10, 2020, by a unanimous vote of the Board of Supervisors of the County of Contra Costa. ___________________ 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: March 10, 2020 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): ADOPT Ordinance No. 2020-04, revising procedures for designating an animal as potentially dangerous or dangerous. FISCAL IMPACT: The Animal Services 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 livestock while off the owner’s property. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 24 To:Board of Supervisors From:Beth Ward, Animal Services Director Date:March 10, 2020 Contra Costa County Subject:Ordinance No. 2020-04 amending Ordinance Code governing Potentially Dangerous and Dangerous Animals BACKGROUND: (CONT'D) 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. AGENDA ATTACHMENTS Ordinance 2020-04 - Dangerous Animals MINUTES ATTACHMENTS Signed Ordinance No. 2020-04 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): REAPPOINT the following individual to the City of Pleasant Hill seat on the Iron Horse Corridor Management Program Advisory Committee for a two-year term with an expiration date of January 31, 2022, as recommended by Supervisor Mitchoff. (Districts II & IV): Shanna Holden Pleasant Hill, CA 94520 FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Carl Roner - (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Juanita Davalos- City of Pleasant Hill, Carrie Ricci- Duty, Carl Roner- Special Districts C. 25 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Appointment to the Iron Horse Corridor Management Program Advisory Committee. BACKGROUND: The Iron Horse Corridor Management Program Advisory Committee was authorized by the Board of Supervisors on July 22, 1997. It was established to assist Contra Costa County in developing a management program for the Iron Horse Corridor. In October of 2000 the Board expanded the Advisory Committee’s role to continue implementation and monitoring of the Landscape Element of the Management Program and to assist in the completion of the Joint Use Criteria and Standards, Public Information, and Finance elements of the Management Program. Advisory Committee seats include a representative from each jurisdiction or unincorporated community along the corridor, a District II seat, a District IV seat, and a seat for the East Bay Regional Park District. CONSEQUENCE OF NEGATIVE ACTION: The seat will become vacant. RECOMMENDATION(S): RE-APPOINT the following individual to the At-Large #2 seat on the Aviation Advisory Committee to a term expiring February 28, 2023, as recommended by the Airports Committee: Mr. Eric Meinbress Lafayette, CA 94549 FISCAL IMPACT: None. BACKGROUND: The Aviation Advisory Committee (AAC) was established by the Board of Supervisors (Board) to provide advice and recommendations to the Board on the aviation issues related to the economic viability and security of airports in Contra Costa County (County). The AAC is mandated to cooperate with local, state, and national aviation interests for the safe and orderly operation of airports; advance and promote the interests of aviation; and protect the general welfare of the people living and working near the airport and the County in general. The AAC APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:Keith Freitas, Airports Director Date:March 10, 2020 Contra Costa County Subject:RE-APPOINT Eric Meinbress to the Aviation Advisory Committee At-Large Seat BACKGROUND: (CONT'D) may initiate discussions, observations, or investigations and may hear comments on airport and aviation matters from the public or other agencies in order to formulate recommendations to the Board. In conjunction with all of the above, the Aviation Advisory Committee provides a forum for the Director of Airports regarding policy matters at and around the airport. The Internal Operations (IO) subcommittee generally interviews and makes an appointment recommendation to the Board for the AAC At-Large positions. At the IO’s July 10, 2017 meeting they recommended that the AAC At-Large position interview and selection process be referred to the Airport Committee as they have direct oversight and involvement in Airport related matters. On August 1, 2017, the Board approved referring the AAC At-Large position recruitment and selection process to the Airport Committee. On February 12, the Airport Committee made a recommendation to re-appoint Eric Meinbress to the At-Large #2 seat on the AAC. The AAC comprises 13 members who must work and/or reside in Contra Costa Country: one appointed by each Supervisor; one from and nominated to the Board by the City of Concord; one from and nominated to the Board by the City of Pleasant Hill; one from and nominated to the Board by the Contra Costa County Airports Business Association; three At-Large to represent the general community; one member to represent the community of Pacheco; and one member to represent the surrounding communities of Byron Airport (Brentwood, Byron, Knightsen, or Discovery Bay) to be nominated by the Airports Committee. CONSEQUENCE OF NEGATIVE ACTION: The At-Large #2 seat on the Aviation Advisory Committee will be vacant. RECOMMENDATION(S): ADOPT Resolution No. 2020/64 appointing the Director of Risk Management - Exempt and designating Assistant Risk Managers, as the official representative and alternates, respectively, to act on behalf of Contra Costa County with regard to official matters of the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) effective February 4, 2020. FISCAL IMPACT: No fiscal impact. BACKGROUND: In 1980, Contra Costa County joined the CSAC EIA for procurement of insurance and risk management services. CSAC EIA requires the governing board of all member entities to designate a representative who has authority to officially act on behalf of that entity. Historically, this responsibility has been assigned to the Director of Risk Manager; however, since April 1, 2019, the Chief Assistant County Administrator was assigned to this role while recruiting for a new Director of Risk Management. On January 14, 2020, Karen Caoile was appointed Director of Risk Management and has been an active participant APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Timothy M. Ewell, (925)335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 27 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Designate Director of Risk Management-Exempt and Assistant Risk Managers as Official Representative and Alternates to CSAC-EIA BACKGROUND: (CONT'D) in CSAC EIA for a number of years, including during her most recent tenure with the County of Alameda. To ensure continuity of representation, the County Administrator is recommending re-appointment of the Director of Risk Management and Assistant Risk Managers to the official representative and alternate seats, respectively to act on behalf of the County. Note that Ms. Caoile has requested that the alternate seat be held by Assistant Risk Managers as designated via letter by the County Administrator to the CSAC EIA from time to time. This will allow for each of the Assistant Risk Manager staff to participate on behalf of Ms. Caoile on the CSAC EIA Governing Board and/or sub-committees depending on the skill set of the specific Assistant Risk Manager. Finally, this Resolution supercedes Resolution No. 2020/45, which appointed Ms. Caoile effective February 4th, but incorrectly reappointed a specific Assistant Risk Manager to the alternate seat. In addition, that Resolution appointed Ms. Caoile in her individual capacity rather than appointing the incumbent of the Director of Risk Management - Exempt position within the County. Today's Resolution addresses those issues, but keeps the effective date of February 4, 2020. CONSEQUENCE OF NEGATIVE ACTION: The County's representation for official matters with the CSAC EIA will not be updated. AGENDA ATTACHMENTS Resolution 2020/64 MINUTES ATTACHMENTS Signed: Resolution No. 2020/64 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/64 IN THE MATTER OF: Delegating Authority to Act on Behalf of Contra Costa County with Regard to Official Matters of the California State Association of Counties (CSAC) Excess Insurance Authority (EIA). WHEREAS, in 1980, Contra Costa County joined the California State Association of Counties (CSAC) Excess Insurance Authority (EIA) for procurement of insurance and risk management services; and WHEREAS, in order to ensure that individuals are authorized to fully act on behalf of their respective entity, CSAC EIA requires the governing board of all member entities to officially designate an official representative who has authority to act on its behalf; and WHEREAS, the official designated representative can be an individual or a position who has been delegated such authority; and WHEREAS, the day-to-day County representative that communicates with the CSAC EIA will not change; and WHEREAS, all communications from CSAC EIA will continue to come through the day-to-day County representative. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Contra Costa County as follows: 1. Appoints the Director of Risk Management - Exempt as official representative to enter into agreements with and act on behalf of Contra Costa County regarding official matters of the CSAC EIA. 2. Appoints Assistant Risk Managers as alternates to the official representative to act on behalf of the County when the official representative is not available. The County Administrator shall provide the name of each Assistant Risk Manager assigned to serve as alternate to Director of Risk Management - Exempt for the CSAC EIA Governing Board and various sub-committees on an as needed basis. 3. The above appointments are effective February 4, 2020. 4. This Resolution supercedes Resolution Nos. 2019/103 and 2020/45. Contact: Timothy M. Ewell, (925)335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): ACCEPT the resignation of Stanley Caldwell, DECLARE a vacancy in the Category 2 Seat representing legislative bodies of the special districts in the County on the Treasury Oversight Committee effective immediately. FISCAL IMPACT: None. BACKGROUND: The Board of Supervisors established the Treasury Oversight Committee on November 14, 1995, pursuant to Chapter 5, Article 6 of the California Government Code. The purpose of the Treasury Oversight Committee is to review and monitor the County Treasurer's annual investment policy, and to ensure an annual audit is conducted to determine the County's compliance with Government Code §§ 27130-27137. The Committee will be composed of seven statutory members and three alternates. The Committee members are in three different categories as follows: Category 1: Appointed officials (two statutory members and one alternate). Category 1 appointed members are the County Superintendent of Schools or his or her designee and a representative and an alternate of the Board or their designee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Ronda Boler (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 28 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:March 10, 2020 Contra Costa County Subject:DECLARE A VACANCY ON THE TREASURY OVERSIGHT COMMITTEE BACKGROUND: (CONT'D) Category 2: Elected members (two statutory members and two alternates). Category 2 includes one representative and one alternate elected by a majority of the school and community college districts; and one representative and one alternate elected by a majority of the special districts. Category 3: Public members (three statutory members). Category 3 includes representatives from the public nominated by the County Treasurer and confirmed by the Board. Stanley Caldwell, who was elected by a majority of Contra Costa Special Districts on April 17, 2017 to fill the seat vacated by Michael Caine (term ending April 30, 2018), has notified our office of his decision to step down effective immediately. Mr. Caldwell was reappointed to serve a full term on the Treasury Oversight Committee representing Special Districts. Term: May 1, 2018 - April 30, 2022. Mr. Caldwell attended the quarterly Treasury Oversight Committee meetings regularly and was an asset to the committee. A new nomination to finish out Mr. Caldwell's term will come from Contra Costa Special Districts Association (CCSDA). CONSEQUENCE OF NEGATIVE ACTION: No continuous representation by the legislative bodies of the special districts in the County on the Treasury Oversight Committee as required by California Government Code section 27132 and the November 14, 1995, County Board Order (I.O.-4) regarding composition of a County Treasury Oversight Committee. AGENDA ATTACHMENTS TOC Resignation_Stanley Caldwell 01.20 MINUTES ATTACHMENTS Vacancy Notice RECOMMENDATION(S): APPOINT Philip Leiber to the Category 2 Seat, a statutory member representing legislative bodies of the special districts in the County on the Treasury Oversight Committee. Term: March 10, 2020 - April 30, 2022. APPOINT Stephen Smith to the Category 2 Seat, an alternate member representing legislative bodies of the special districts in the County on the Treasury Oversight Committee. Term: March 10, 2020 - April 30, 2022. FISCAL IMPACT: None. BACKGROUND: The Board of Supervisors established the Treasury Oversight Committee on November 14, 1995, pursuant to Chapter 5, Article 6 of the California Government Code. The purpose of the Treasury Oversight Committee is to review and monitor the County Treasurer's annual investment policy, and to ensure an annual audit is conducted to determine the County's compliance with Government Code §§ 27130-27137. The Committee will be composed of seven statutory members APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Ronda Boler, (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 29 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:March 10, 2020 Contra Costa County Subject:APPOINTMENT OF SPECIAL DISTRICTS REPRESENTATIVE AND ALTERNATE TO THE TREASURY OVERSIGHT COMMITTEE BACKGROUND: (CONT'D) and three alternates. The Committee members are in three different categories as follows: Category 1: Appointed officials (two statutory members and one alternate). Category 1 appointed members are the County Superintendent of Schools or his or her designee and a representative and an alternate of the Board or their designee. Category 2: Elected members (two statutory members and two alternates). Category 2 includes one representative and one alternate elected by a majority of the school and community college districts; and one representative and one alternate elected by a majority of the special districts. Category 3: Public members (three statutory members). Category 3 includes representatives from the public nominated by the County Treasurer and confirmed by the Board. On January 27, 2020, Philip Leiber, Director of Finance and Administration at the Central Costa Costa Sanitary District, was elected to the Special District Representative seat on the Treasury Oversight Committee. Mr. Leiber will fill the vacancy of Stanley Caldwell who advised the Board of his intention to resign from the TOC effective immediately. Also on January 27, 2020, Stephen Smith of the East Contra Costa Fire Protection District was elected to the special districts Alternate seat of the Treasury Oversight Committee to fill the vacancy left by Robert Leete who resigned from the same seat on November 13, 2019. Upon approval by the Board of Supervisors, current terms for both Mr. Leiber and Mr. Smith will end on April 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: No continuous representation by the legislative bodies of the special districts in the County on the Treasury Oversight Committee as required by California Government Code section 27132 and the November 14, 1995, County Board Order (I.O.-4) regarding composition of a County Treasury Oversight Committee. ATTACHMENTS Special Districts Appointment Ltr_PLieber SSmith_01.2020 RECOMMENDATION(S): APPOINT the following individual to the Treasury Oversight Committee to the seat and term listed below: County Superintendent of Schools seat: Bill Clark, address on file. Term May 1, 2020 - April 30, 2024 (Reappointment) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Board of Supervisors established the Treasury Oversight Committee on November 14, 1995, pursuant to Chapter 5, Article 6 of the California Government Code. The purpose of the Treasury Oversight Committee is to review and monitor the County Treasurer's annual investment policy, and to ensure an annual audit is conducted to determine the County's compliance with Government Code §§ 27130-27137. The Committee will be composed of seven statutory members and three alternates. The Committee members are in three different categories as follows: Category APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Ronda Boler, (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 30 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:March 10, 2020 Contra Costa County Subject:RENEW APPOINTMENT OF COUNTY SUPERINTENDENT OF SCHOOLS DESIGNEE TO THE TREASURY OVERSIGHT COMMITTEE BACKGROUND: (CONT'D) 1: Appointed officials (two statutory members and one alternate). Category 1 appointed members are the County Superintendent of Schools or his or her designee and a representative and an alternate of the Board or their designee. Category 2: Elected members (two statutory members and two alternates). Category 2 includes one representative and one alternate elected by a majority of the school and community college districts; and one representative and one alternate elected by a majority of the special districts. Category 3: Public members (three statutory members). Category 3 includes representatives from the public nominated by the County Treasurer and confirmed by the Board. CONSEQUENCE OF NEGATIVE ACTION: No continuous representation by County Office of Education on the Treasury Oversight Committee as required by California Government Code section 27132 and the November 14, 1995, County Board Order (I.O.-4) regarding Composition of a County Treasury Oversight Committee. ATTACHMENTS County Schools Appointment Letter_Bill Clark 2.2020 RECOMMENDATION(S): ACCEPT the resignations of Jason Cox, Business Seat #7; Melissa Johnson, Business Seat #13; and Fred Wood, Education and Training Seat #2, DECLARE the vacancies on the Workforce Development Board and DIRECT the Clerk of the Board to post the vacancies as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: Jason Cox was appointed to the Workforce Development Board, Business Seat #7 on March 29, 2016 with a term expiration of June 30, 2020. His resignation is due to retirement. Melissa Johnson was appointed to the Workforce Development Board, Business Seat #13 on March 13, 2018 with a term expiration of June 30, 2020. Her resignation is due to relocation out of County. Fred Wood was appointed to the Workforce Development Board, Education and Training Seat #2 on March 12, 2019 with term expiration of June 30, 2020. His resignation is due to retirement. The Workforce APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 31 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:Workforce Development Board of Contra Costa County Resignations BACKGROUND: (CONT'D) Development Board (WDB) is a business led body with the mission 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 Contra Costa County. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice RECOMMENDATION(S): APPOINT Esa Ehmen-Krause to the position of County Probation Officer-Exempt (7AA1) at step 6 of the salary range effective March 16, 2020, with the following additional terms of employment: a. One-time accrual of 80 hours of vacation time b. All other benefits as provided in the current Management Resolution applicable to the position of County Probation Officer-Exempt FISCAL IMPACT: No additional fiscal impact as this action fills a budgeted position. The annual estimated cost of the position is approximately $216,000 salary and $214,000 benefits, for a total cost of $430,000. (100% General Fund) BACKGROUND: Following the announcement of Chief Probation Officer Todd Billeci that he intended to retire, the County commenced recruitment in November 2019 to fill the County Probation Officer - Exempt position. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, (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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Robert Campbell, Auditor-Controller C. 32 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:March 10, 2020 Contra Costa County Subject:Appoint County Probation Officer-Exempt BACKGROUND: (CONT'D) The County contracted with CPS HR to conduct the recruitment. Invitation letters and copies of the recruitment brochure were sent to 1,800 potential candidates. The position was advertised nationwide, including at CPS HR, California POST, American Probation and Parole Association, National Association of Probation Executives, California Probation, Parole, and Correctional Association. California State Association of Counties, Chief Probation Officers of California, California Peace Officers Association, California State Sheriffs’ Association, Government Jobs, Careers in Government, and Black Probation Officers Association. By the end of the six-week recruiting period, a total of 27 resumes were received. Of these resumes, 15 applicants met the minimum qualifications. After intensive candidate screening and interviews, six finalists were forwarded for interviews with the County management team. Following a series of interviews, reference checks and other background investigation, Esa Ehmen-Krause was selected for the position. Ms. Ehmen-Krause holds a Bachelor’s Degree in Criminal Justice from Indiana University and is expected to complete her Master of Public Administration in Organizational Leadership from National University in June 2020. She has served as the Assistant Chief Probation Officer of Alameda County since January 2015, and Deputy Chief Probation Officer, Juvenile Facilities Division, from 2011 to 2015. Prior to joining Alameda County, she worked with the Indiana Department of Corrections, where she received the 2011 Governor's Meritorious Service Award for strategic population reduction efforts for her work as Superintendent of the Indiana Department of Corrections South Bend Juvenile Correctional Facility. Throughout her career, she has demonstrated her ability to work collaboratively with internal and external partners and stakeholders, implementing data-driven strategies, innovative evidence-based practices and programming, and leading dynamic culture-change initiatives. It is recommended that Esa Ehmen-Krause be appointed County Probation Officer - Exempt at Step 6 of the salary range effective March 16, 2020. CONSEQUENCE OF NEGATIVE ACTION: The County will not have a County Probation Officer as mandated by State law. RECOMMENDATION(S): APPROVE the medical staff appointments and reappointments, privileges, advancements, and voluntary resignations as recommend by the Medical Staff Executive Committee, at their January 27, 2020 meeting, and by the Health Services Director. FISCAL IMPACT: No fiscal impact for this section. BACKGROUND: The Joint Commission has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment and reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and will not be in compliance with The Joint Commission on Accreditation of Healthcare Organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, 925-370-5501 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: James Ham, Marcy Wilhelm C. 33 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Medical Staff Appointments and Reappointments – January 2020 ATTACHMENTS Appointments, Re-appointments January 2020 MEC Recommendations – January 2020 Definitions: A=Active C=Courtesy Aff=Affiliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members DelCarmen, Glenn, MD DFAM Felix-Fretes, Carlos, MD Surgery-Urology Lee, John, MD Psychiatry/Psycholog y Rapaport, Seymour, MD DFAM B. Applications for Staff Affiliation Aulakh, Hardeep, NP Internal Medicine-Nephrology C. Travis Residents-Family Medicine Harabaglia, Michael, MD Reimer, Joel, MD Romick, Jordan, DO Trevino, Ri chard, MD D. Requests for Additional Privilege s Department Requesting Booker, Jerome, MD Pediatrics Pediatrics-Ped 1 & Ped 2 E. Requests for Primary Department Change Previous Department New Department Shah, Naman, MD OB/GYN Emergency Medicine F. Advances to Non-Provisional Berry, Sharon Perlman, Psy.D Psychiatry/Psychology Chiu, Elaine, MD Emergency Medicine Dulan, Nilka, CNM OB/GYN Keyser, Andrew, MD Emergency Medicine Pramanik, Rajiv, MD Emergency Medicine MEC Recommendations – January 2020 Definitions: A=Active C=Courtesy Aff=Affiliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 G. Biennial Reappointments Beauchamp, Jon, MD Emergency Medicine A Cheng, Siri, MD Surgery A Davis, Gina, Psy.D Psychiatry/Psycholog y A Fentress, Daniel, MD Hospital Medicine A Fulkerson, Eric, MD Surgery C Kim, Jessica, MD Hospital Medicine A Le, Jesse, MD Surgery C Luong, Wini, DD S Dental A Mahar, Denis, MD Internal Medicine A Majid, Abid, MD Internal Medicine C Re wal, Mrdula, MD Hospital Medicine A Robello, Michelle, MD Hospital Medicine A Saffier, Kenneth, MD DFAM A Singh, Amarpreet, MD Psychiatry/Psychology C Singh, Sukhwant, MD Internal Medicine A Wright, Matthew, MD Psychiatry/Psychology C Xiong, Sherry, MD Pathology A H. Biennial Renewal of Privileges Brito, Nicole, NP Pediatrics AFF Ha, Nikki, NP Pediatrics AFF Ko, Anita, OD Surgery-Optometry AFF I. Teleradiologist (VR AD) Reappointments Mahmood, Omar, MD Diagnostic Imaging J. Voluntary Resignations Chen, Sophia, MD DFAM Jackson, Neil, MD OB/GYN Kalkstein, Stephen, MD DFAM Kundu, Nirvana, MD Anesthesia Liquido, Fernando, MD DFAM Pulvers, Evan, MD DFAM RECOMMENDATION(S): Reappoint Wilson Cheng to the Consumer Seat Under 60-Seat 1 on the In Home Supportive Services Public Authority Advisory Committee with a new term that will expire in March 2024, as recommended by the Family & Human Services Committee. FISCAL IMPACT: No fiscal impact. BACKGROUND: On December 6, 2011 the Board of Supervisors adopted Resolution No. 2011/497 adopting policy governing appointments to boards, committees, and commissions that are advisory to the Board of Supervisors. Included in this resolution was a requirement that applications for at large/countywide seats be reviewed by the Board of Supervisors sub-committee. The Board established the In-Home Supportive Services (IHSS) Public Authority Advisory Committee in March 1998. In April 1999, the Board of Supervisors accepted and approved the IHSS Public Authority Implementation Team Findings and Recommendations, including recommendations regarding Advisory Committee membership criteria. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Dennis Bozanich; 5-1037 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 34 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:March 10, 2020 Contra Costa County Subject:Recommendation for re-appointment to the IHSS Public Authority Advisory Committee BACKGROUND: (CONT'D) In March 2001, the Board approved amendments to the membership criteria. As amended, the Advisory Committee consists of 11 members: 4 Consumers aged 60 or older, 2 Consumers aged under 60, and one member from each Supervisorial District. Under Board policy, the F&HS would typically review only general membership or “At-Large” seats, and would not review appointments to supervisorial district seats. However, when the Advisory Committee was originally established, the Board of Supervisors directed that the F&HS review and coordinate supervisorial district appointments to ensure that none of the following categories has more than one representative: senior advocate, advocate for younger disabled, representative from the developmental disability community, IHSS individual provider, IHSS family provider, social worker, nurse, community-based organization, home health agency. Terms of appointment are four years. Wilson Cheng has held Seat 1 for Consumers under 60 and is requesting reappointment. His current term expires on 3/6/2020 and if reappointed, his new term would end in March 2024. Mr. Cheng has been an active member of the committee. Please see attached application and letter of interest. Mr. Wilson Cheng resides in El Cerrito City District I. Other filled at large seats include: Consumer Under 60 Seat 2 – residency in Walnut City District V1. Consumer 60 or Older Seat 1 – residency in San Pablo City District I2. Consumer Any Age Seat 3 – residency in Concord City District IV3. Consumer Any Age Seat 4 – residency in Pleasant Hill City District IV4. CONSEQUENCE OF NEGATIVE ACTION: Failure to re-appoint at this time may result in a vacancy on the In-Home Supportive Services Public Authority Advisory Committee. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Reappointment Memo and Application 500 Ellinwood Way Ste. 110, Pleasant Hill, CA 94523 Phone: 925-363-6690  Toll Free: 1-800-333-1081 Fax 925-363-6697 To: Family and Human Services Committee From: Elizabeth Dondi, Executive Director Date: February 5, 2020 Subject: IHSS Public Authority Advisory Committee Reappointment Current Status/Request Consumer Seat Under 60 – Seat 1 is up for Reappointment Wilson Cheng has held Seat 1 for Consumers under 60 and is requesting reappointment. His current term expires on 3/6/2020 and if reappointed, his new term would end in March 2024. Mr. Cheng has been an active member of the committee. Please see attached application and letter of interest. Mr. Wilson Cheng resides in El Cerrito City District I. Other filled at large seats include: 1. Consumer Under 60 Seat 2 – residency in Walnut City District V 2. Consumer 60 or Older Seat 1 – residency in San Pablo City District I 3. Consumer Any Age Seat 3 – residency in Concord City District IV 4. Consumer Any Age Seat 4 – residency in Pleasant Hill City District IV Outreach Advisory Committee consumer vacancies are posted on the Public Authority web page on EHSD Website and at the Public Authority lobby through the use of recruitment flyers. These flyers are also distributed at provider orientations and at consumer/provider trainings. Recommendation I hereby recommend that Mr. Cheng be reappointed to his seat on the IHSS Advisory Committee. He has done an outstanding job of providing input at meetings and has an excellent attendance. He is an advocate for seniors and for those with disabilities. He has provided sound guidance and suggestions on IHSS program policies and procedures. Thank you for your consideration in this matter. I look forward to hearing from you regarding the committee’s recommendation. I can be reached at 3-6671 or via email at edondi@ehsd.cccounty.us. Please return completed applications to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us First Name Last Name Home Address - Street City Zip Code Phone (best number to reach you)Email Resident of Supervisorial District: EDUCATION Check appropriate box if you possess one of the following: High School Diploma CA High School Proficiency Certificate G.E.D. Certificate Course of Study/Major Degree Awarded Yes No Yes No Yes No Other Training Completed: Board, Committee or Commission Name Seat Name Have you ever attended a meeting of the advisory board for which you are applying? No Yes If yes, how many? Please explain why you would like to serve on this particular board, committee, or commission. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I am including my resume with this application: Please check one: Yes No I would like to be considered for appointment to other advisory bodies for which I may be qualified. Please check one: Yes No Contra Costa County BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION Colleges or Universities Attended THIS FORM IS A PUBLIC DOCUMENT Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: Yes No List any volunteer and community experience, including any boards on which you have served. Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed below or Resolution no. 2011/55) Please check one: Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or other economic relationships? Please check one: Yes No If Yes, please identify the nature of the relationship: Signed: Date: Submit this application to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7. As indicated in Board Resolution 2011/55, a person will not be eligible for appointment if he/she is related to a Board of Supervisors member in any of the following relationships: mother, father, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great- grandfather, great-grandmother, aunt, uncle, nephew, niece, great-grandson, great-granddaughter, first-cousin, husband, wife, father-in-law, mother-in-law, daughter-in-law, stepson, stepdaughter, sister-in-law, brother-in-law, spouse's grandmother, spouse's grandfather, spouse's granddaughter, and spouses' grandson, registered domestic partner, relatives of a registered domestic partner as listed above. 8. A person will not be eligible to serve if the person shares a financial interest as defined in Government Code §87103 with a Board of Supervisors Member. Important Information 1. This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government Code §6250-6270). 2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County. 3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 4. Meetings may be held in various locations and some locations may not be accessible by public transportation. I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Questions about this application? Contact the Clerk of the Board at (925) 335-1900 or by email at ClerkofTheBoard@cob.cccounty.us THIS FORM IS A PUBLIC DOCUMENT REAPPOINTMENT TO THE ADVISORY COMMITTEE – CONSUMER SEAT POSITION Wilson Cheng (510) 703-3172 Wcheng80@gmail.com January 27, 2020 Elizabeth Dondi, Executive Director Dear Mrs. Dondi: My name is Wilson Cheng, and I have had the privilege of being on the Advisory Committee of the In Home Supportive Services Program Public Authority. My term expires in March of 2020. I would like to continue making contributions to this committee and other sub-committees that I have served on as a member. I feel that we have accomplished quite a lot thus far. Serving on the Advisory Committee, as well as the Nominating and Advocacy Sub-Committees, of the In Home Supportive Services Program Public Authority has not only given me the opportunity to be an advocate for services that other people with disabilities will require in the future, if not immediately, but it has also opened my eyes to the importance of self-advocacy. I’ve also been given the opportunity to create and chair the Advocacy Sub-Committee; a sub- committee designated to bring the concerns of our consumers to the attention of the Board of Supervisors. While I serve on these committees as a consumer, I have had the opportunity to gain the knowledge to advocate for myself, along as other people with disabilities, by listening to and seeing the necessary aspects of both receiving care and providing care, from the perspectives of the providers and clients. I am requesting that I be allowed to continue to be on the Advisory Committee as a Consumer in the Consumer Seat under 60. Thank you for your consideration. Sincerely, Wilson Cheng RECOMMENDATION(S): APPROVE the medical staff appointments and reappointments, privileges, medical staff advancements, and voluntary resignations as recommend by the Medical Staff Executive Committee, at their February 24, 2020 meeting, and by the Health Services Director. FISCAL IMPACT: No fiscal impact for this section. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment and reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with The Joint Commission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: James Ham, Marcy Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Medical Staff Appointments and Reappointments – February 24, 2020 ATTACHMENTS Attachment Appointments, Re-appointments February 2020 CONTRA COSTA REGIONAL MEDICAL CENTER 1 | 6 ANESTHESIOLOGY CLINICAL PRIVILEGES Name: ____________________________________________________________ Effective from _____/______/_____ to _______/_______/______ (for MSO staff use only) All new applicants must meet the following requirements as approved by the governing body. Effective: _______/_______/_______. Initial Privileges (Initial Appointment) Renewal of Privileges (Reappointment) Applicant: Please check the “Requested” box for each privilege requested. Applicants have the burden of producing information and documentation deemed adequate by the hospital for a proper evaluation of current competence, current clinical activity, and other qualifications, and for resolving any doubts related to qualifications for requested privileges. Department Chair: Check the appropriate box for recommendation on the last page of this form. If not recommended, provide the condition or explanation on the last page of this form. Other Requirements  This document is focused on defining qualifications related to competency to exercise clinical privileges. The applicant must also adhere to any additional organizational, regulatory, or accreditation requirements that the organization is obligated to meet.  Note that privileges granted may only be exercised at the site(s) designated by CCRMC and/or setting(s) that have sufficient space, equipment, staffing, and other resources required to support the privilege. Name: ____________________________________________________________ Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only) 2 | 6 QUALIFICATIONS FOR ANESTHESIOLOGY Initial Applicants: To be eligible to apply for privileges in anesthesiology, the applicant must meet the following criteria: 1. Documentation of successful completion of an Accreditation Council for Graduate Medical Education (ACGME) – or American Osteopathic Association (AOA)–accredited residency in anesthesiology. AND 2. Documentation of c urrent ACLS certification. AND 3. Documentation of required current experience: 200 cases of anesthesia performed in the hospital, reflective of the scope of privileges reque sted, within the past 24 months; or documented successful completion of an ACGME– or AOA–accredited residency or clinical fellowship within the past 24 months. Please provide a clinical activity/procedure log. *Specialty Board Certification is encouraged (but not mandated according to CCRMC bylaws). Renewal of Privileges: To be eligible to renew privileges in anesthesiology, the applicant must meet the following criteria: 1. Current documented competence and an adequate volume of experience. 200 cases of anesthesia performed in the hospital with acceptable results, reflective of the scope of privileges requested, for the past 24 months, based on results of Ongoing Professional Practice Evaluation (OPPE) and outcomes. *If Board certified, documentation of Maintenance of Certification (ABMS) or OCC (On-Going Continuous Certification) is strongly encouraged. Name: ____________________________________________________________ Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only) 3 | 6 Core Privileges: Anesthesiology— Adolescent (≥ 14 years of age) and Adult Patients Requested : Administration of anesthesia, including general, regional, and local, and administration of all levels of sedation to adolescent and adult patients. Care includes pain relief and maintenance, or restoration, of a stable condition during and immediately following surgical, gynecological, and diagnostic procedures . Provide anesthesia services at all appropriate locations in the hospital (e.g. intensive care setting, emergency room, radiology, etc.). The c ore privileges in this specialty include the procedures on the attached procedures list and such other procedures that are extensions of the same techniques and skills. CORE TREATMENT/ PROCEDURE LIST This is not intended to be an all-encompassing list of treatments. It defines the types of activities/procedures/privileges that most practitioners in this specialty perform at this organization and inherent activities/procedures/privileges requiring similar skill sets and techniques. To the Applicant: If you wish to exclude any procedures, due to lack of current competency, please strike through the procedures that you do not wish to request and then initial and date. Adolescent (≥ 14 years of age) and Adult Anesthesiology  Performance of history and physical exam  Assessment of, consultation for, and preparation of patients for anesthesia  Clinical management and teaching of cardiac and pulmonary resuscitation  Diagnosis and treatme nt of acute pain.  Evaluation of respiratory function and application of respiratory therapy  Performance of image-guided procedures (i.e. use of ultrasound to locate anatomical structures such as nerves, arteries, veins, etc.)  Anesthesiological management of critically ill patients  Monitoring and maintenance of normal physiology during the perioperative period  Relief and prevention of pain during and following surgical, therapeutic, and diagnostic procedures using sedation/analgesia, general anesthesia, regio nal anesthesia  Supervision and evaluation of performance of medical and paramedical personnel involved in perioperative care Name: ____________________________________________________________ Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only) 4 | 6 Core privileges: Obstetric Anesthesia Requested : Care is directed toward comprehensive anesthetic management, perioperative care, and pain management of women during pregnancy and the puerperium period. Administration of anesthesia, including general, regional, and local, and administration of all levels of sedation to adult and adolescent female patients. Provide anesthesia services at all appropriate locations in the hospital (e.g. intensive care setting, emergency room, radiology, etc.). The core privileges in this specialty include the procedures on the attached procedures list and such other procedures that are extensions of the same techniques and skills as determined by the department chair. CORE TREATMENT/ PROCEDURE LIST This is not intended to be an all-encompassing list of treatments. It defines the types of activities/procedures/privileges that most practitioners in this specialty perform at this organization and inherent activities/procedures/privileges requiring similar skill sets and techniques. To the Applicant: If you wish to exclude any procedures, due to lack of current competency, please strike through the procedures that you do not wish to request and then initial and date. Obstetric Anesthesia  Performance of history and physical exam  Provision of a ll types of neuraxial analgesia (including epidural, spinal, combined spinal, and epidural analgesia) and different methods of maintaining analgesia (such as bolus, continuous infusion, and patient-controlled epidural analgesia)  Anesthetic management of both spontaneous and operative vaginal delivery, retained placenta, cervical dilation, and uterine curettage, as well as postpartum tubal ligation, cervical cerclage  Consultation and management for pregnant patients requiring non-obstetric surgery  Provision of general anesthesia for cesarean delivery  Performance of image-guided procedures (i.e. use of ultrasound to locate anatomical structures such as nerves, arteries, veins, etc.) Name: ____________________________________________________________ Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only) 5 | 6 FOCUSED PROFESSIONAL PRACTICE EVALUATION (FPPE) for initial applicants 1. At least 6 chart reviews (retrospective proctoring) of pre -op, intra -op, and post-op assessments [of these 6 charts, at least 3 (thre e) need to be ASA III or greater]. 2. Concurrent proctoring (direct observation) of at least 3(three) procedures that are representative of procedures regularly performed by anesthesiologists performing adolescent and adult anesthesia. 3. If obstetric a nesthesia privileges have been requested/granted, initial FPPE must include additional concurrent proctoring (direct observation) of at least 3 (three) obstetrical cases. 4. FPPE should be concluded as soon as pos sible (i.e. within the first 3-4 months after starting work at CCRMC). 5. Completed FPPE forms have to be submitted to the Credentialing Office. 6. It is the applicant’s ultimate responsibility to make sure that FPE and submission of all required paperwork to the Credentialing Office takes place in a timely manner. Failure to do so may result in loss or limitation of privileges. ACKNOWLEDGMENT OF PRACTITIONER I have requested only those privileges for which by education, training, current experience, and documented performance I am qualified to perform and for which I wish to exercise at Contra Costa Regional Medical Center, and I understand that: a. In exercising any clinical privileges granted, I will adhere by hospital and medical staff policies and rules applicable generally and any applic able to the particular situation. b. Any restriction on the clinical privileges granted to me is waived in an emergency situation, and in such situation my actions are governed by the applicable section of the medical staff bylaws or related documents. Signed ________________________________________Date _____________________ Name: ____________________________________________________________ Effective from _______/_______/_______ to _______/_______/_______ (for MSO staff use only) 6 | 6 DEPARTMENT / DIVISION CHAIR’S RECOMMENDATION I have reviewed the requested clinical privileges and supporting documentation for the above - named applicant and: Recommend All Requested Privileg es Recommend Privileges with the Following Conditions/M odifications: Do Not Recommend the Following Requested Privileges: Privilege Condition/M odification/Explanation Notes: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ [De partment Chair] Signature : ______________________________ Date : _______________ FOR MEDICAL STAFF SERVICES DEPARTMENT USE ONLY Credentials Committee Approval Date : _____________________ Temporary Privileges Date : _____________________ Medical Executive Committee Approval Date : _____________________ Board of Supervisors Approval Date : _____________________ MEC Recommendations – February 2020 Definitions: A=Active C=Courtesy Aff=Affiliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members Kantharaj, Tara, MD DFAM Mansouri, Mehrdad, MD DFAM Levy, Jennifer, MD Pediatrics B. Advance to Non-Provisional Chu Fantini, Eveline, MD DFAM A Dolezal, Kevin, MD Emergency Medicine A Kang, Soo Yeon, MD Psychiatry/Psychology A Legha, Rupinder, MD Psychiatry/Psychology A Lougee, Mariel, MD OB/GYN A Magargal, Spencer, MD Pediatrics C Mandhani, Nandita, MD Pediatrics C Patberg, Jonathan, MD Emergency Medicine A Rodgers, Angela, MD Emergency Medicine A Shah, Sanjay, MD Internal Medicine (Cardiology) A Styles, Sarah, MD Pediatrics C Weinbaum, Karen, MD Emergency Medicine A C. Biennial Reappointments Berret, Brian, MD Psychiatry/Psychology A Boisvert, Nicole, MD DFAM A Douglas, Vanja. MD Internal Medicince C Ebbert, Nancy, MD Psychiatry/Psychology A Hay, Sunthara, MD OB/GYN A Kim, Anthony, MD Internal Medicince C Mahajan, Gayatri, MD Pediatrics A Menezes, Alicia, MD Surgery (Ophthalmology) A Mishra, Vikash, MD Emergency Medicine P Moskin, Ava, MD DFAM C Murphy, Elizabeth, MD Internal Medicince C Pierce, Jeffery, MD OB/GYN A Prasad, Amitha, MD Psychiatry/Psychology C Radu-Radulescu, Ruxandra, MD OB/GYN A Ramos, Mena, MD Emergency Medicine A Sachs, Neil, MD Psychiatry/Psychology A Sam, Michel, MD DFAM A Smith, Mark, MD DFAM A Stanger, Jennifer, MD Hospital Medicine C Warren, Adam, MD Surgery P White, Keith, MD Pediatrics A Wright, Lara, MD Surgery A MEC Recommendations – February 2020 Definitions: A=Active C=Courtesy Aff=Affiliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 D. Biennial Renew of Privileges Berger, Christina, NP DFAM AFF Wong, Sharman, OD Surgery (Optometry) AFF E. Voluntary Resignations Reucker, David, MD Psychiatry/Psychology F. Attachments Anesthesia Core Privilegs RECOMMENDATION(S): ADOPT Resolution No. 2019/502 amending the Contra Costa County Personnel Management Regulations to delete Rules 604 and 710 and revise Rule 706. FISCAL IMPACT: There is no fiscal impact associated with these changes. BACKGROUND: The Contra Costa County Personnel Management Regulations, written in 1982, constrain the County's ability to modernize and streamline its recruitment and assessment methods to meet today's labor market demands. A goal of the Human Resources Department is to modernize the Contra Costa County Personnel Management Regulations (PMRs). This is a significant undertaking and will take considerable time to develop and implement. However, three revisions to the PMRs have been identified that will have an immediate positive impact. Rule 710 allows candidates on an eligible list to be on only three referrals for that list at any one time. This limits a candidate’s opportunity for employment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 (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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: All County Departments C. 36 To:Board of Supervisors From:Dianne Dinsmore, Human Resources Director Date:March 10, 2020 Contra Costa County Subject:Amend Personnel Management Regulations BACKGROUND: (CONT'D) In addition, when multiple departments request referrals from the same list, some departments may have to wait weeks or even months until interviews are completed for the three referrals before they receive a complete referral. This impacts the County’s ability to provide services. Eliminating Rule 710 will prevent this backlog and provide more opportunity to candidates on eligible lists. Rule 604 requires randomized breaking of tied scores. As a result, where two candidates have identical scores, they are ranked differently, and therefore one may be referred while the other is not. This artificial forced ranking takes significant staff time to administer and is unfair to candidates who received the same score but are treated differently. Eliminating Rule 604 will allow all candidates with the same score to be referred at the same time. Rule 706 prescribes the number of candidates referred to a department for consideration. For example, Rule 706.1 states that "On each request for personnel from an open employment list, ten (10) names shall be certified." This means that exactly 10 people are referred, despite the fact that additional candidates may have the same score as explained above. In combination with the elimination of Rule 604 which requires forced tie breaking, changing Rule 706 to refer any other candidates that have the same score as the number ten (or five or three depending on the Rule) candidate will establish a fairer process in line with best practices. Representatives for all recognized employee organizations have been notified of this proposed change. Only SEIU Local 1021 (1021) opposed the change. Therefore, the County has signed a side letter with 1021, also submitted for approval on this agenda, to continue to treat referrals for positions represented by 1021 in the same manner as under the current PMR language. CONSEQUENCE OF NEGATIVE ACTION: Departments will continue to experience unnecessary delays in receiving referrals of eligible candidates, and candidates with identical scores will unfairly be given different ranks using random tie breaking. AGENDA ATTACHMENTS Resolution 2019/502 PMRs Redline PMRs Revised MINUTES ATTACHMENTS Signed Resolution No. 2019/502 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2019/502 amending the Contra Costa County Personnel Management Regulations to delete Rules 604 and 710 and revise Rule 706 Whereas, the Contra Costa County Personnel Management Regulations, written in 1982, constrain the County's ability to modernize and streamline its recruitment and assessment methods to meet today's labor market demands; and Whereas, three revisions to the Personnel Management Regulations have been identified that will have an immediate positive impact; and Whereas, Rule 710 allows candidates on an eligible list to be on only three referrals for that list at any one time, limiting a candidate’s opportunity for employment and delaying referral of candidates; and Whereas, Rule 604 requires randomized breaking of tied scores, resulting in potentially different treatment of candidates who received identical scores; and Whereas, Rule 706 prescribes the "number" of candidates referred to a department for consideration, meaning that an exact number of people are referred, despite the fact that additional candidates may have identical scores. that the Personnel Management Regulations are amended as follows: DELETE: 604. RANK ORDER IN CASE OF IDENTICAL SCORES. If two (2) or more successful examinees have final scores which are identical, they shall be ranked in the order of their scores in that portion of the examination which had the greatest weight, provided that if the percentage scores in the portion of the test having the greatest weight are identical, then the rank order shall be determined by random selection at the time the employment list is established. However, in the case of a continuous employment list where a new eligible has the same score as an eligible already on the list, the eligible who was placed on the list at the earliest date will be ranked highest. 710. CERTIFICATION LIMIT. If an individual is certified to three (3) departments at any one time, that person shall be considered unavailable for referral until the person's name becomes active on less than three (3) personnel requests. REVISE: 706. NUMBER TO BE CERTIFIED . Except as otherwise provided in these regulations, names shall be certified on each request for personnel in the order prescribed under Section 705 as follows: 706.1 Open Employment Lists - Rule of Ten. On each request for personnel from an open employment list, ten (10) names shall be certified. If any other candidates have the same score as the number ten candidate, then they shall also be certified to the vacancy. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the number of positions to be filled plus nine (9). 706.2 Promotional Employment Lists - Rule of Three. On each request for personnel from a promotional employment list, three (3) names shall be certified. If any other candidates have the same score as the number three candidate, then they shall also be certified to the vacancy. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus two (2). 706.3 Promotional Employment Lists - Rule of Five. On each request for personnel from a promotional employment list for a class as to which the County has agreed to a promotional Rule of Five by memorandum of understanding, five (5) names shall be certified. If any other candidates have the same score as the number five candidate, then they shall also be certified to the vacancy.If more than one (1) position is to be filled in such class in a department at the same time and from the same request for personnel, the number of names to be certified from such promotional appointment list shall be equal to the number of positions to be filled plus four (4). Contact: Dianne Dinsmore (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: All County Departments Revised Personnel Management Regulations - Redline 604. RANK ORDER IN CASE OF IDENTICAL SCORES . If two (2) or more successful examinees have final scores which are identical, they shall be ranked in the order of their scores in that portion of the examination which had the greatest weight, provided that if the percentage scores in the portion of the test having the greatest weight are identical, then the rank order shall be determi ned by random selection at the time the employment list is established. However, in the case of a continuous employment list where a new eligible has the same score as an eligible already on the list, the eligible who was placed on the list at the earliest date will be ranked highest. 706.1 Open Employment Lists - Rule of Ten. On each request for personnel from an open employment list, ten (10) names shall be certified. If any other candidates have the same score as the number ten candidate , then they shall also be certified to the vacancy. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list shall be equal to the num ber of positions to be filled plus nine (9). 706.2 Promotional Employment Lists - Rule of Three . On each request for personnel from a promotional employment list, three (3) names shall be certified. If any other candidates have the same score as the number three candidate , then they shall also be certified to the vacancy. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from a promotional employment list shall be equal to the number of positions to be filled plus two (2). 706.3 Promotional Employment Lists - Rule of Five . On each request for personnel from a promotional employment list for a class as to which the County has agreed to a promotional Rule of Five by memorandum of understanding, five (5) names shall be certified. If any other candidates have the same score as the number five candidate, then they shall also be certified to the vacancy. If more than one (1) position is to be filled in such class in a department at the same time and from the same request for personnel, the number of names to be certified from such promotional appointment list shall be equal to the number of positions to be filled plus four (4). 710. CERTIFICATION LIMIT. If an individual is certified to three (3) departments at any one time, that person shall be considered unavailable for referral until the person's name becomes active on less than three (3) personnel requests. Personnel Management Regulations Revised Language 604. RANK ORDER IN CASE OF IDENTICAL SCORES - Deleted 706.1 Open Employment Lists - Rule of Ten. On each request for personnel from an open employment list, ten (10) names shall be certified. If any other candidates have the same score as the number ten candidate , then they shall also be certified to the vacancy. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certified from an open employment list s hall be equal to the number of positions to be filled plus nine (9). 706.2 Promotional Employment Lists - Rule of Three . On each request for personnel from a promotional employment list, three (3) names shall be certified. If any other candidates have th e same score as the number three candidate , then they shall also be certified to the vacancy. If more than one (1) position is to be filled in any class in a department at the same time from the same request for personnel, the number of names to be certif ied from a promotional employment list shall be equal to the number of positions to be filled plus two (2). 706.3 Promotional Employment Lists - Rule of Five . On each request for personnel from a promotional employment list for a class as to which the Co unty has agreed to a promotional Rule of Five by memorandum of understanding, five (5) names shall be certified. If any other candidates have the same score as the number five candidate, then they shall also be certified to the vacancy. If more than one (1) position is to be filled in such class in a department at the same time and from the same request for personnel, the number of names to be certified from such promotional appointment list shall be equal to the number of positions to be filled plus four (4). 710. CERTIFICATION LIMIT - Deleted RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25583 to add one (1) Departmental Fiscal Officer (APSA) (unrepresented) position at salary plan and grade B82 1724 ($7,256.25 - $8,841.03) effective April 1, 2020, and cancel one (1) Departmental Fiscal Officer (APSA) (unrepresented) (Position No. 14057) effective October 2, 2020, in the Department of Conservation and Development. FISCAL IMPACT: This action will cost approximately $43,500 this fiscal year. However, this is only a temporary cost, since one position will ultimately be canceled after the current incumbent retires. The current and additional positions are funded 100% by Land Development fees. BACKGROUND: A long-term employee is retiring from the Departmental Fiscal Officer position effective September 30, 2020. This is a critical management position in the Department of Conservation and Development; the department expects to fill the new position immediately to allow for at least six months of training and knowledge transfer before the incumbent retires, at which time the vacated position will be canceled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 925-674-7726 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kelli Zenn C. 37 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Add One Departmental Fiscal Officer Position in the Department of Conservation and Development CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department of Conservation and Development will not be able to adequately fill and train a critical department management position. AGENDA ATTACHMENTS P300 25583_Add/Cxl one Departmental Fiscal Officer in DCD MINUTES ATTACHMENTS Signed P300 25583 POSITION ADJUSTMENT REQUEST NO. 25583 DATE 1/30/2020 Department No./ Department Conservation & Development Budget Unit No. 0280 Org No. 2652 Agency No. 38 Action Requested: Add one (1) full-time Departmental Fiscal Officer (APSA) position (unrepresented) at salary plan and grade B82 1724 (7256.25 - $9288.61) effective April 1, 2020 and cancel one (1) Departmental Fiscal Officer (APSA) position (unrepresented) position at salary plan and grade B82 1724 (7256.25 - $9288.61) effective October 2, 2020 in the Department of Conservation and Development (DCD). Proposed Effective Date: 4/1/2020 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $0.00 Net County Cost $0.00 Total this FY $43,500.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT N.C.C. this FY Land Development Fees $0.00 Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. John Kopchik ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT SS for Julie Enea 2/11/20 _ _ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/27/2020 Add one (1) full-time Departmental Fiscal Officer (APSA) position (unrepresented) at salary plan and grade B82 1724 ($7,256.25 - $8,841.03) effective April 1, 2020 and cancel one (1) Departmental Fiscal Officer (APSA) position (unrepresented) position at salary plan and grade B82 1724 ($7,256.25 - $8,841.03) effective October 2, 2020 in the Department of Conservation and Development (DCD). Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action X 4/1/2020 (Date) Isabella Hersh _ 2/18/2020 (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/3/2020 X Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: /s/ Julie DiMaggio Enea _ (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 2/11/2020 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 & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervis ors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25582 to add one (1) Secretary – Advanced Level (J3TG) (represented) position at Salary Plan and Grade 3R2 1163 ($4,162.07– $5,327.80) in the Department of Conservation and Development. FISCAL IMPACT: Upon approval, this action will cost approximately $110,039. This position will be funded by Land Development fees. BACKGROUND: In June 2018, the Department of Conservation and Development ("DCD") received approval to add three (3) Planner I positions. These positions increased the number of Planner positions assigned to the current Planning Division. As of August 2019, all vacant Planner positions have been filled in the current Planning Division. There are 25 non-support staff in the current Planning Division. Currently, there are two (2) Secretaries in the division. One of the two Secretaries primarily supports the Deputy Director, leaving the other to support the rest of the planning staff. There are also two (2) Clerks assigned to the current Planning APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Kelli Zenn, (925) 674-7726 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kelli Zenn C. 38 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Add one (1) Secretary – Advanced Level position in the Department of Conservation and Development BACKGROUND: (CONT'D) Division. However, the Secretaries provide advanced level support to the Planning staff such as meeting minutes and agendas for the various commissions and committees (i.e. Planning and Zoning Commissions). The current workload for the Secretary is unmanageable, thus the need to add an additional Secretary - Advanced Level for the current Planning Division. CONSEQUENCE OF NEGATIVE ACTION: Failure to add a Secretary-Advanced Level to provide advanced level support, may impact the Planning and Zone Committees response time to the various committees and commission members. AGENDA ATTACHMENTS P300 25582 Add one Secretary Adv Level in DCD MINUTES ATTACHMENTS Signed P300 25582 POSITION ADJUSTMENT REQUEST NO. 25582 DATE 10/8/2019 Department No./ Department Conservation & Development Budget Unit No. 0280 Org No. 2606 Agency No. 38 Action Requested: ADOPT Position Resolution No. 39787 to add one (1) Secretary – Advanced Level (J3TG) (represented) position at Salary Plan and Grade 3R2 1018 ($4,162.07– $5,327.80) in the Department of Conservation and Development. Proposed Effective Date: 3/1/2020 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $110,039.00 Net County Cost $0.00 Total this FY $37,000.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT NA Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. John Kopchik ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT SS for Julie Enea 2/11/2020 ___________________________________ ________________ Deputy County Admini strator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/27/2020 Add one (1) Secretary – Advanced Level (J3TG) (represented) position at Salary Plan and Grade 3R2 1 163 ($4,162.07– $5,327.80) . 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 2/27/2020 ___________________________________ ________________ (for) Director of Human Res ources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/3/2020 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 3/3/2020 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): ADOPT Position Adjustment Resolution No. 25580 to cancel one (1) Service Integration Team Coordinator (ADHA) (represented) position #10391 at Salary Plan and Grade ZB5 1706 ($6,916.12 - $8,406.59), and add (1) Social Work Supervisor I (X0HB) (represented) at Salary Plan and Grade 2I5 1582 ($6,326.29 – $7,689.64) in the Employment and Human Services Department (EHSD), Aging and Adult Services Bureau. FISCAL IMPACT: This position will be moved to Aging and Adult Services (IHSS) 0503 from Workforce Services Service Integration Team 0504. This new In Home Support Services (IHSS) Social Worker Supervisor I position will be funded with an average of 48% open-ended federal Title XIX Health-Related revenue, 39% state revenue, and 13% county general funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Bao Tran (925) 608-5027 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 39 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:Delete One Service Integration Team Coordinator and Add One Social Work Supervisor I BACKGROUND: The Service Integration Team Coordinator position has been vacant for one year, and it has been determined the duties of the position can be absorbed elsewhere. The addition of 14 In Home Support Services (IHSS) Social Workers necessitates the addition of a new Social Work Supervisor I position. As a result, we are cancelling the Service Integration Team Coordinator and adding the Social Work Supervisor I position. The IHSS Division is working to be in compliance with processing requirements for both initial assessments and annual reassessments. IHSS has been on a corrective action plan with the California Department of Social Services (CDSS) for three years. In order to address the necessary corrections, IHSS added 10 Social Worker positions through Board actions on October 22, and November 5, 2019. The addition of these new workers necessitates an additional Social Work Supervisor. CONSEQUENCE OF NEGATIVE ACTION: Without the addition of the Social Work Supervisor I to support the 14 new IHSS Social Workers, the department may continue to be out of compliance that may impact public service. AGENDA ATTACHMENTS P300 25580 MINUTES ATTACHMENTS Signed P300 25580 POSITION ADJUSTMENT REQUEST NO. 25580 DATE 1/3/2020 Department No./ Department Employment and Human Services Budget Unit No. 0503 Org No. 5311 Agency No. Action Requested: cancel one (1) Service Integration Team Coordinator (ADHA) (represented) position #10391 at Salary Plan ($6,916.12 - $8,406.59), and add (1) Social Work Supervisor I (X0HB) (represented) at Salary Plan ($6,326.29 – $7,689.64) in t he Employment and Human Services Department (EHSD), Aging and Adult Services Bureau . Proposed Effective Date: 2/1/2020 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($14,624.00) Net County Cost $11,816.00 Total this FY ($7,312.00) N.C.C. this FY $5,908.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 48% federal, 39% state, 13% county General funds. Department must initiate necessary adjustmen t and submit to CAO. Use additional sheet for further explanations or comments. Bao Tran 608-5027 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Julia Taylor 2/6/20 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/10/2020 ADOPT Position Adjustment Resolution No. 25580 to cancel one (1) Service Integration Team Coordinator (ADHA) (represented) position #10391, and add (1) Social Work Supervisor I (X0HB) (represented) in the Employment and Human Services Department (EHSD), Aging and Adult Services Bureau. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Elizabeth Loud 2/10/2020 ___________________________________ ________________ (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 2/10/2020 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have consi dered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report i s to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current jo b 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Resolution No. 2020/55, rescinding the side letter between Contra Costa County and AFSCME, Local 2700 which amended Section 5.3: Certification Rule of the Memorandum of Understanding. FISCAL IMPACT: None. This is an administrative agreement and has no fiscal impact on its own. BACKGROUND: In 2015, AFSCME, Local 2700 entered into a side letter with the County to revise the certification rule for Clerk-Experienced Level positions to allow for fifty (50) names to be certified. The appointing authority must, before selection, contact the eligibles and interview all interested eligibles above the rank of the person selected for appointment. The policy change, which was requested by a number of departments, is too cumbersome. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director C. 40 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Resolution No. 2020/55 AFSCME, Local 2700 Side Letter - Agreement on Certification Rules BACKGROUND: (CONT'D) The parties agree that the terms of the December 16, 2015 Side Letter shall be void upon approval of this Side Letter by the Board of Supervisors and that the December 16, 2015 Side Letter shall not be incorporated into the MOU. The policy reverts to the standard rule of ten (10) names to be certified for each request for personnel from an open employment list. All other terms and conditions of the MOU between the Parties shall remain unchanged. CONSEQUENCE OF NEGATIVE ACTION: If the side letter is not approved, Rule of Ten will not be used to certify Clerk-Experienced Level lists. AGENDA ATTACHMENTS Resolution 2020/55 Side Letter - AFSCME 2700 MINUTES ATTACHMENTS Signed Resolution No. 2020/55 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/55 In The Matter Of: Approving the Side Letter between Contra Costa County and AFSCME, Local 2700 to rescind the Side Letter dated December 16, 2015 which amended subsection 5.3 - Certification Rule. The Contra Costa County Board of Supervisors acting in its capacity as Governing Board of the County of Contra Costa and all districts of which it is the ex-officio governing Board RESOLVES THAT: Effective following approval of the Board of Supervisors, the attached Side Letter of Agreement dated February 26, 2020, between Contra Costa County and AFSCME, Local 2700, be ADOPTED. 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director RECOMMENDATION(S): ADOPT Resolution No. 2020/70 approving the Side Letters between Contra Costa County and the Service Employees International Union, Local 1021 (SEIU), Rank and File Unit and Service Line Supervisors Unit, to maintain the current provisions with regard to Sections 604, 706 and 710 of the Personnel Management Regulations. FISCAL IMPACT: None. BACKGROUND: The County provided all unions with notice and an opportunity to meet and confer regarding its proposed changes to Sections 604, 706 and 710 of the County’s Personnel Management Regulations (“PMR”). After the County reached agreement with all other interested unions, SEIU requested to preserve the current PMR language for their bargaining units. The Side Letters between the County and SEIU will preserve the current rules under Sections 604, 706 and 710 of the PMRs for SEIU only. Accordingly, SEIU shall be exempted from the amended provisions of the PMRs for the term of the Side Letters. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director C. 41 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Personnel Management Regulations Side Letters with SEIU, Local 1021 CONSEQUENCE OF NEGATIVE ACTION: The County and SEIU will not have reached agreement on the amendments to the County Personnel Management Regulations. AGENDA ATTACHMENTS Resolution 2020/70 Side Letter - SEIU 1021 Rank and File Side Letter - SEIU 1021 Service Line Supervisors MINUTES ATTACHMENTS Signed Resolution No. 2020/70 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/70 In the Matter Of: Approving the Side Letters between the County of Contra Costa and SEIU Local 1021 to Modify the Personnel Management Regulations The Contra Costa County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa RESOLVES THAT: Effective after approval by the Board of Supervisors, the two attached Side Letters of Agreement between the County of Contra Costa and SEIU Local 1021 be ADOPTED. Copies of the Side Letters are attached (dated February 18 and February 20, 2020). 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director RECOMMENDATION(S): ADOPT Personnel Adjustment Resolution No. 25588 to add one (1) Commander - Exempt (6XD1) (unrepresented) position at Salary Plan and Grade BS2 2411 ($15,872) and cancel one (1) Sheriff’s Chief of Management Services – Exempt (APD2) (unrepresented) position (#17202) and appoint its incumbent to the Commander - Exempt (6XD1) position in the Office of the Sheriff. FISCAL IMPACT: This action has a current fiscal year impact of approximately $19,612 which includes $1,487 in pension costs. The annual approximate cost of this action would be $78,000 which will be funded by the revenue generated from the Management and Administration of State and Federal Grants. Pension costs are estimated to be $5,624 of the total annual cost impact. The increase in salary and benefit cost will be covered by additoinal grant revenue. BACKGROUND: The Office of the Sheriff’s financial transactions have evolved over the past several years wherein the complexities of grant fund management and administration continued to become more intricate due to the tightening of Federal regulatory oversight. Adding a civilian APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Hallie Wachowiak (925) 335-1500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Hallie Wachowiak C. 42 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:Delete one Sheriff’s Chief of Management Services-Exempt, add one Commander-Exempt, and Appoint EE#56006 in the Office of the Sheriff BACKGROUND: (CONT'D) Commander position will allow for the redistribution of responsibilities in order to form a more sustainable organizational structure and align the authority and compensation to Office sworn management classifications commensurate with the span of control of the position. The workload and responsibilities assigned to the Commander are significant and complex in nature. The addition of the Commander position will ensure historical knowledge of administrative, fiscal and grant management, and personnel processes are not lost while the Office implements a succession plan for the Administrative Services Bureau. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff may be detrimentally impacted by the loss of highly trained personnel and would continue to experience difficulty retaining and attracting candidates. AGENDA ATTACHMENTS P300 25588 MINUTES ATTACHMENTS Signed P300 25588 POSITION ADJUSTMENT REQUEST NO. 25588 DATE 2/24/2020 Department No./ Department Office of the Sheriff Budget Unit No. 0255 Org No. 2500 Agency No. 25 Action Requested: ADOPT Position Adjustment Resolution No. ______ to cancel one (1) full-time Sheriff's Chief of Management Services - EXEMPT (A PD2) at salary plan and grade B85 2057 ($11,892.97) add one (1) full-time Commander - EXEMPT (6XD1) (unrepresented) position at salary plan and grade BS2 2411 ($15,872.55) and in the Office of the Sheriff Proposed Effective Date: 3/11/2020 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 $78,447.00 Net County Cost $0.00 Total this FY $19,612.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Revenue from the Management and Administration of Grants. Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane Robb ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Paul Reyes 2/26/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/27/2020 Add one (1) Commander - Exempt (6XD1) (unrepresented) position at Salary Plan and Grade BS2 2411 ($15,872) and cancel one (1) Sheriff’s Chief of Management Services – Exempt (APD2) (unrepresented) position (#17202) and appoint its incumbent to the Commander - Exempt (6XD1) position 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 2/27/2020 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/2/2020 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Paul Reyes Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 3/2/2020 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): Adopt Position Adjustment Resolution No. 22590 to reassign one (1) vacant Health Plan Member Services Counselor (V9VE) (represented) in position no. 12636 from Department 0540 (Finance) Org 6569 (Patient Billing) to Department 0860 (Contra Costa Health Plan) Org 6121 (Member Services) in the Health Services Department. FISCAL IMPACT: Upon approval, this action will have a salary and benefit costing shift from Finance (0540) to Conta Costa Health Plan (0860). This position incurs an annual cost of $109,199.25, which includes $31,271.37 in pension costs. No additional costs will result from this action. BACKGROUND: The Health Plan Member Services Counselor position number #12636 was originally allocated to the Contra Costa Health Plan. In 2005, the position was reassigned to Finance and as of October 1, 2015, the position has been vacant. Moving forward, this vacancy is needed and will be filled by Contra Costa Health Plan. To avoid future journal corrections, the Health Services Department requests to reassign the budget and org number. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Mary Jane De Jesus-Saepharn, 925-957-5275 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 43 To:Board of Supervisors From:Anna Roth, Health Services Date:March 10, 2020 Contra Costa County Subject:Reassign one Health Plan Member Services Counselor in the Health Services Department CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the incorrect budget will be charged and will require manual adjustments to the appropriate cost center. CHILDREN'S IMPACT STATEMENT: None. AGENDA ATTACHMENTS P300 No. 22590 MINUTES ATTACHMENTS Signed P300 22590 POSITION ADJUSTMENT REQUEST NO. 22590 DATE 2/26/2020 Department No./ Department Health Services Department-CCHP Budget Unit No. 0860 Org No. 6121 Agency No. A 18 Action Request ed: Reassign one (1) vacant Health Plan Member Services Counselor (V9VE) (represented) in position no. 12636 from Department 0540 (Finance) Org 6569 (Patient Billing) to Department 0860 (Contra Costa Health Plan) Org 6121 (Member Services) in the Health Services Department. Proposed Effective Date: 3/11/2020 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) as sociated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $0.00 Net County Cost $0.00 Total this FY $0.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Member Premiums Department must initiate necessary adjus tment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane De Jesus -Saepharn ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES D EPARTMENT Sarah Kennard for 3/2/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Amend Resolution 71/17 establishing positions and resolut ions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/5/2020 Approve Recommendation of Director of Human Resources Disapprove Recomme ndation of Director of Human Resources Timothy M. Ewell Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONN EL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 3/5/2020 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not us e 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-y ear basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cos t to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s )? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s ) by C1 or C2 USE ADDITIONAL PAPE R IF NECESSARY RECOMMENDATION(S): 1. ADOPT Position Adjustment Resolution No. 25586 in Child Support Services Department to: ABOLISH the obsolete Supervising Attorney-Child Support Services (29HA) (unrepresented) classification, and cancel the vacant position (#10858); ESTABLISH the classification of Supervising Attorney Child Support Services-Exempt (29H1) (unrepresented) and place on the Salary Schedule at salary level B8E-2376 ($14,160-$17,211.76), and add one position; APPOINT employee (#87069) to the newly created Supervising Attorney Child Support Services-Exempt (29H1) position at Step 5; and CANCEL the Chief Assistant Director of Child Support Services (SMBA) (unrepresented) position #10857. 2. MODIFY Management Resolution No. 2019/507 to replace the Supervising Attorney-Child Support Services (29HA) classification with the Supervising Attorney Child Support Services-Exempt (29H1) classification throughout and specifically in sections 30.13, and 31.12. FISCAL IMPACT: Upon approval, these actions have an annual savings of $200,500 (100% Federal). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Melinda Self, 925.957.2380 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director, Melinda Self, Sylvia Wong C. 44 To:Board of Supervisors From:Melinda Self, Child Support Services Director Date:March 10, 2020 Contra Costa County Subject:Establish Supervising Attorney-Exempt Classification, Add One Position; and Delete One Chief Assistant Director Position in Child Support Services BACKGROUND: The classification of Supervising Attorney of Child Support Services is currently designated as exempt from the Merit System in Ordinance 33-5.411. The vacant Supervising Attorney position in Child Support is not designated as exempt. The Supervising Attorney of Child Support Services-Exempt (29H1) classification previously existed. This action will reestablish this exempt classification. The Department is currently able to absorb the responsibilities of the Chief Assistant Director role, utilizing the Supervising Attorney of Child Support Services-Exempt position. The costs savings associated with deleting this position will be represented in the Fiscal Year 2020/21 Recommended Budget. CONSEQUENCE OF NEGATIVE ACTION: The job classification of Supervising Attorney in the Department of Child Support Services will not accurately reflect Exempt status as outlined in the Ordinance Code and the action will hamper the Department's ability to operate in an efficient manner. AGENDA ATTACHMENTS P300 MINUTES ATTACHMENTS Signed P300 25586 POSITION ADJUSTMENT REQUEST NO. 25586 DATE 2/20/2020 Department No./ Department Department of Child Support Services Budget Unit No. 0249 Org No. 1780 Agency No. 40 Action Requested: ABOLISH Supervising Attorney -Child Support Services (29HA) classification, and cancel position #10858; ESTABLISH Supervising Attorney Child Support Services -Exempt (29H1) classification at Salary Plan and Grade B8E -2376 ($14,160.16-$17,211.76 ), and add one position; APPOINT employee (#87069) to the new 29H1 position at Step 5; and CANCEL Chief Assistant Director of Child Support (SMBA) position #10857. Proposed Effective Date: 3/11/2020 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 ($200,500.00) Net County Cost $0.00 Total this FY ($66,833.00) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Federal 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 Julia Taylor 2/20/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/24/2020 ABOLISH Supervising Attorney -Child Support Services (29HA) classification, and cancel position #10858; ESTABLISH Supervising Attorney Child Support Services -Exempt (29H1) classification at Salary Plan and Grade B8E -2376 ($14,160.16-$17,211.76), and add one position; APPOINT employee (#87069) to the new 29H1 position at Step 5; and CANCEL Chief Assistant Director of Child Support (SMBA ) position #10857. MODIFY Management Resolution 2019/507. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Alycia Leach 2/24/2020 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 3/5/2020 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Dennis Bozanich Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DA TE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 3/5/2020 No. xxxxxx 1. Project Positions Reques ted: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22305 to reallocate the salaries of Public Health Microbiologist (V0WA) with an additional step from salary plan and grade TC5-1525 ($5,781 - $6,692) to TC5-1525 ($5,781-$7,027) and the Senior Public Health Microbiologist (V0TC) with a 5% increase from salary plan and grade TC5-1575 ($6,074 - $7,383) to TC5-1575 ($6,378 - $7,753) on the salary schedule in the Health Services Department. (All represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $67,369 which includes pension costs of $16,269. The increased cost is fully offset by Hospital Enterprise Fund I. BACKGROUND: The Health Services Department is requesting to reallocate the salaries of Public Health Microbiologist and Senior Public Health Microbiologist classifications in order to attract qualified candidates and retain knowledgeable and experienced employees. Over the years, the Public Health Laboratory has endured long-term vacancies due to resignations and the inability to recruit despite extensive outreach efforts. Due to short staffing, incumbents have been working overtime in order to meet the laboratory operations APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Jo-Anne Linares, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sylvia Wong, Jo-Anne Linares, Tina Pruett, Human Resources Department C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Reallocate the classifications of Public Health Microbiologist and Senior Public Health Microbiologist on the salary schedule BACKGROUND: (CONT'D) and service demands. The duties and responsibilities are highly specialized and requires certification from the State. There are only approximately 350 certified Public Health Microbiologists throughout the State, and the recruitment has been open on a continuous basis yet our five (5) vacant positions remain unfilled. Currently, there are four steps within the salary structure of the Public Health Microbiologist. The additional step equates to a 5% increase and aligns the salary structure to that of the Senior Public Health Microbiologist with five steps. With this 5% reallocation, the County will bring the salaries to a more competitive level to increase its candidate pool and permanently fill the five (5) vacancies, and retain current staff in the Public Health Microbiologist classification series. CONSEQUENCE OF NEGATIVE ACTION: If this is not approved, the Public Health Laboratory will continue to have insufficient permanent staff to meet its operational needs. AGENDA ATTACHMENTS P300 No. 22305 MINUTES ATTACHMENTS Signed P300 22305 POSITION ADJUSTMENT REQUEST NO. 22305 DATE 5/7/2018 Department No./ Department Health Services Budget Unit No. 0450 Org No. 5775 Agency No. A18 Action Requested: Reallocate the salaries of Public Health Microbiologist (V0WA) classification from salary plan and grade TC5-1525 ($5,397-$6,247) to TC5-1525 ($5,623-$6,559) and Senior Public Health Microbiologist (V0TC) classification from salary plan and grade TC5-1575 ($5,671-$6,893) to TC5-1575 ($5,895-$7,237) on the salary schedule. (All represented) Proposed Effective Date: Classification Questionnaire attached: Yes No / Cost is within Departm ent’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 $62,798.00 Net County Cost Total this FY $5,233.00 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT Hospital Enterprise Fund I Department must initiate necessary adjustment and submit to CAO. Use additional sheet for fur ther explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT /s/ Julie DiMaggio Enea 6/27/2018 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Reallocate the salaries of Public Health Microbiologist (V0WA) with an additional step from salary plan and grade TC5 -1525 ($5,781 - $6,692) to TC5-1525 ($5,781-$7,027) and the Senior Public Health Microbiologist (V0TC) with a 5% increa se from salary plan and grade TC5-1575 ($6,074 - $7,383) to TC5-1575 ($6,378 - $7,753) on the salary schedule in the Health Services Department. (All represented) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Ba sic / Exempt salary schedule. Effective: Day following Board Action. (Date) Alycia Leach 3/5/2020 ___________________________________ ________________ (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 3/5/2020 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms o f: 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 consid ered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Agreement #28-908-1 with Kaiser Permanente, Community Benefit Program, to pay the County an amount not to exceed $300,000, for the Health, Housing and Homeless Services Division to improve health equity across the Homeless Crisis Response System Project, hereinafter “Project”, for the period from January 1, 2020 through December 31, 2020. FISCAL IMPACT: Approval of this Grant Agreement will result in an amount not to exceed $300,000 in funding from Kaiser Permanente to support County’s Project. (No County match is required) BACKGROUND: This Project will build capacity to serve all Contra Costa residents experiencing homelessness and improve the health equity across the system through data-driven and evidenced-based approach to data collection and evaluation, and system and project level monitoring. The Project goals will be to develop the tools necessary to better measure the impact of the Project on consumers and the community’s larger homelessness challenge, and to better equip the County’s homeless system of care to address health equity. Approval of Grant Agreement #28-908-1 will allow County to receive funds to support the Project through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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:March 10, 2020 Contra Costa County Subject:Grant Agreement #28-908-1 with Kaiser Permanente, Community Benefit Program CONSEQUENCE OF NEGATIVE ACTION: If this application is not approved, the County will not receive funding to support the Project. ATTACHMENTS RECOMMENDATION(S): ACCEPT Resolution No. 2020/67 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract in an amount not to exceed $143,750 with the California Department of Aging for the Dignity at Home, Fall Prevention Program for the period February 1, 2020 through June 30, 2021. FISCAL IMPACT: County to receive an amount not to exceed $143,750 from California Department of Aging, Fall Prevention Program Act. Funding is 100% State, with no County match requirement. BACKGROUND: Dignity at Home, Fall Prevention Program will allow Employment and Human Services, Area Agency on Aging, to provide fall and injury prevention information, education, referral services, equipment, assessments, services, material and labor costs to older adults with disabilities whose income does not exceed 80% of medium income and who are at risk of falling or institutionalization. CONSEQUENCE OF NEGATIVE ACTION: Wihtout funding, the Fall Prevention Program could not be implemented. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 47 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:California Department of Aging, Fall Prevention Program Act Funding AGENDA ATTACHMENTS Resolution 2020/67 MINUTES ATTACHMENTS Signed Resolution No. 2020/67 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/67 In The Matter Of: California Department of Aging, Fall Prevention Program Act Funding WHEREAS, the Employment and Human Services Department, Area Agency on Aging, has designed a for Fall Prevention Program to include fall and injury prevention information, education, referral services, equipment, assessments, services, materials and labor costs for older adults with disabilities whose income does not exceed 80% of the area's median income and who are at risk of falling or institutionalization, WHEREAS, the California Department of Aging, through the Fall Prevention Act Program has made funds available for Fall Prevention programs (Agreement Number FP-1920-07). Now, Therefore, Be It Resolved: the Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Director, or designee, to execute a contract in an amount not to exceed $143,750 from California Department of Aging for the Dignity at Home, Fall Prevention Program for the period February 1, 2020 through June 30, 2021. 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2020/73 approving and authorizing the Sheriff-Coroner or designee, to apply for and accept the California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement in an initial amount of $738,249 for marine patrol and boating regulation enforcement for the period July 1, 2020 through the end of available funding. FISCAL IMPACT: Initial Revenue of $738,249, 100% State funds. The Office of the Sheriff receives annual funding from the California Department of Parks and Recreation, Division of Boating and Waterways that is incorporated in the baseline budget. No County match. BACKGROUND: California Department of Parks and Recreation, Division of Boating and Waterways (DBW) provides funding to maintain the service level of the Office of the Sheriff's Marine Patrol Unit on the Delta Waterways. Marine patrol operations cost roughly $2.4 million per year of which DBW has awarded $638,249 for each of the past seven years. Beginning July 1, 2016, DBW funded an additional $100,000 for a total initial amount of $738,249. DBW funding provides the ability for more vigilant enforcement of boating regulations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Mary Jane Robb, (925) 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 48 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement CONSEQUENCE OF NEGATIVE ACTION: Failure to secure State funding will result in a further reduction in Marine Patrol Services. AGENDA ATTACHMENTS Resolution 2020/73 MINUTES ATTACHMENTS Signed Resolution No. 2020/73 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/73 IN THE MATTER OF: Applying for and Accepting the FY 2020/2021 California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement. WHEREAS, the County of Contra Costa is seeking funds available through the California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement; County of Contra Costa shall not allocate funds to any county or a public agency within a county unless County of Contra Costa receives a resolution adopted annually by the board of supervisors authorizing the county to participate in the program and certifying that the county will expend for boating safety programs during that year not less than an amount equal to 100 percent of the amount received by the county from personal property taxes on vessels.  The money allocated to a county pursuant to subdivision (a) shall be used only for boating safety and enforcement programs, as specified in subdivision (b), that are conducted in that county. (1) In the case of a local government agency within a county, a certified copy of the resolution or minute order shall accompany the application for financial aid from that local government entity, as well as a certified copy of the resolution or minute order from its county board of supervisors, authorizing the agency to participate in the program. (2) The resolution or minute order shall: (A) Authorize the chairperson, or designated representative, to sign the application and contract. (B) Authorize the chairperson, or designated agency representative, to sign the department's form for each reimbursement claim. (C) Authorize the county auditor to certify the amount of prior year vessel taxes received by the county. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's Chief of Management Services, to sign the application, contract and County of Contra Costa form for each reimbursement claim; authorizes the County Auditor Controller to certify the amount of prior year vessel taxes received by County of Contra Costa. And on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any action necessary for the purpose of obtaining financial assistance including Agreement modifications and extensions provided by California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement. Contact: Mary Jane Robb, (925) 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Community Services and Development to increase the payment limit by $1,945,169 to a new payment limit of $4,044,443 for the Low Income Home Energy Assistance Program for the period October 1, 2019 through June 30, 2021. FISCAL IMPACT: County to receive total funding in the amount of $4,044,443, including the increased amount of $1,945,169. Revenue is 100% Federal through the California Department of Community Services and Development, State Agreement Number 20B-2005, Amendment 1. No County match is required. BACKGROUND: County has received funding from the State Department of Community Services and Development for more than 25 years wherein County provides energy bill assistance payments and weatherization services to county residents who are income eligible through the Low Income Home Energy Assistance Program (LIHEAP) and the Energy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 49 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:Low Income Home Energy Assistance Program Funding, Amendment 1 BACKGROUND: (CONT'D) Crisis Intervention Program (HEAP). Energy saving measures may provide homes with hot water heaters, furnaces, refrigerators, microwaves, doors, windows, energy-saving light bulbs, weather stripping, ceiling fans, and attic insulation. Homes with gas appliances receive a combustion appliance safety test that checks for carbon monoxide gas leakage and are provided with a carbon monoxide alarm. Residents can also qualify for the Home Energy Assistance Program, which provides a credit on their energy bills. Additional funding will allow increased services and community outreach. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County may not receive funding to operate LIHEAP. CHILDREN'S IMPACT STATEMENT: The LIHEAP funding supports one of the community outcomes established in the Children's Report Card, #4 "Families that are Safe, Stable and Nurturing" by the provision of home energy assistance to keep households warm in winter and to increase household energy efficiency. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Kensington Police Protection and Community Services District, to change the term of the contract from October 22, 2019 to April 21, 2020 to a new term of October 22, 2019 to June 30, 2020 and increase the payment limit by $75,000 from $300,000 to $375,000 to provide law enforcement services. FISCAL IMPACT: 100% funded by the Kensington Police Protection District. BACKGROUND: The Kensington Police Protection and Community Services District (KPPCSD) has requested assistance from the Sheriff’s Office in providing oversight for their police department The KPPCSD has endured a prolonged vacancy for their chief of police position and desires temporary coverage through the use of a Sheriff’s Office Captain to serve as an Interim Chief of Police. The search for the position is still ongoing and an extension of the contract has been requested. The KPPCSD will reimburse the Sheriff’s Office for the costs related to this temporary agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 50 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:Law Enforcement Services CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will not be authorized to execute the contract amendment. RECOMMENDATION(S): ADOPT Resolution No. 2020/84 authorizing the Sheriff-Coroner, or designee, to apply for and accept a grant from the U.S. Department of Justice, Office of Community Policing Service (COPS) in an initial amount of $250,000 to fund the hiring of two (2) Deputy Sheriff positions for the Mental Health Evaluation Team (MHET) to reduce violent law enforcement encounters with the mentally ill in the County for a three (3) year period with an additional one-year retention period by the County. FISCAL IMPACT: $250,000 in Federal revenue. The estimated cost of adding two (2) Deputy Sheriff positions is approximately $1,633,962 of which $43,149 is attributed to employer pension costs, for a 36 month grant period plus the additional 12 month retainment period (48 months total). This results in a net county cost/in-kind match of $1,403,962. U.S. Department of Justice Community Oriented Policing Hiring Grant (CFDA #16.710) BACKGROUND: The COPS Office was established as a result of the Violent Crime Control and Law Enforcement Act of 1994 to assist law enforcement agencies in enhancing public safety through the implementation of community policing strategies in jurisdiction. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: MJ Robb 335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 51 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:ADOPT Resolution No. 2020/84 authorizing the Sheriff-Coroner, or designee, to apply for and accept a grant from the U.S. Department of Justice CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this request will result in lost funding for two (2) Deputy Sheriff positions for the MHET outreach program. AGENDA ATTACHMENTS Resolution 2020/84 MINUTES ATTACHMENTS Signed Resolution No. 2020/84 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from the U.S. Department of Health and Human Services, Administration for Children and Families in an amount not to exceed $1,138,429 for Early Head Start Childcare Partnership funding for the term July 1, 2020 through June 30, 2021. FISCAL IMPACT: The Community Services Bureau of the Employment and Human Services Department (EHSD) will receive $1,138,429 in federal funding. The County, as Grantee, is required to generate a 20% non-federal match ($284,607), which is calculated by adding 25% of the federal grant to the federal grant amount and then calculating 20% of that total. This match is achieved through in-kind volunteer hours generated by Head Start parents and community partners. [CFDA # 93.600] BACKGROUND: Contra Costa County submits an application annually to the U.S. Health and Human Services Department, Administration for Children and Families (ACF) as the Head Start grantee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 52 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:2020-21 Early Head Start Childcare Partnership #1 Grant BACKGROUND: (CONT'D) The Board of Supervisors (Board) approved the 2020 grantee application on September 10, 2019 (c.75). ACF developed an additional funding opportunity for Early Head Start in 2016 - Early Head Start - Childcare Partnership funding. The County applied for and was awarded these funds in 2016, 2017, 2018 and 2019. This board order seeks approval to submit the application for the fifth year of funding, due April 1, 2020. The Policy Council reviewed and approved the grant application on February 19, 2020. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County would forego funding used to enhance services within the Early Head Start program. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the EHSD's Head Start program supports three (3) of Contra Costa County’s community outcomes - Outcome 1: Children Ready for and Succeeding in School, Outcome 3: Families that are Economically Self-sufficient, and Outcome 4: Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. ATTACHMENTS Grant Application Letter Budget Narrative Office of Head Start | 330 C St., SW, 4th Floor, Washington DC 20201 | eclkc.ohs.acf.hhs.gov January 08, 2020 Grant No. 09HP000193 Dear Head Start Grantee: A grant application must be completed for the upcoming budget period. The application for the Head Start grant is due April 1, 2020. The following table reflects the annual funding and enrollment levels for your grant. Funding Type Early Head Start Program Operations $1,112,522 Training and Technical Assistance $25,907 Total Funding $1,138,429 Program Early Head Start Federal Funded Enrollment 72 Period of Funding: 07/01/2020 - 06/30/2021 Application Submission Requirements The application must be prepared and submitted in accordance with the Head Start Grant Application Instructions with Guidance, Version 3 (Application Instructions) for a continuation application. It must be submitted on behalf of the Authorizing Official registered in the HSES. Incomplete applications will not be processed. The Application Instructions are available on the home page of HSES. Please review the instructions carefully prior to preparing the application. Submission guidance can be found in the "Instructions" section of the HSES. Please contact Chris Pflaumer, Head Start Program Specialist, at 415-437-8445 or chris.pflaumer@acf.hhs.gov or Keith Chin, Grants Management Specialist, at 212-264-2890 or keith.chin@acf.hhs.gov with questions regarding the Application Instructions. For assistance submitting the application in HSES, contact help@hsesinfo.org or 1-866-771-4737. Funding is contingent upon the availability of federal funds and satisfactory performance under the terms and conditions of the Head Start grant in the current budget period. Thank you for your cooperation and timely submission of the grant application. Sincerely, /Cynthia Yao/ Cynthia Yao Regional Program Manager Office of Head Start Contra Costa County Employment & Human Services Department Community Services Bureau 2020-20201 Early Head Start-Child Care Partnership 1 Program Continuation Grant Funding Application EXECUTIVE SUMMARY INCOMING FUNDS NARRATIVE STATEMENT 1. PROJECT/PROGR AM TITLE. Early Head Start-Child Care Partnership 1 Program Continuation Grant Funding Application for Budget Period 7/1/2020 through 6/30/2021. 2. FUNDING AGENCY. Department of Health and Human Services, Administration for Children and Families (ACF), Office of Head Start (OHS). 3. SUBMITTAL STATUS. This is a submission of application for continuation grant funding for FY 2020-2021. 4. PROPOSED TERM. Funding must be requested annually. The standard one budget period is from 7/1/2020 through 6/30/2021. The budget summary below is for year 2 of the five year grant period . 5. CURRENT FUNDING. Funding for Early Head Start-Child Care Partnership is provided by federal dollars. Contra Costa County, as Grantee, is required to generate a 20% non-federal match of the total project budget, which may be in cash or in-kind contributions, fairly valued. 6. FUTURE FUNDING. An application for continuation grant funding must be submitted each year. 7. BUDGET SUMMARY Budget Categories: FY 2020-2021 EHS C hild Care Partnership Personnel $305,109 Fringe Benefits $212,143 T & TA $25,907 Travel $0 Supplies $24,100 Contractual $460,020 Other $47,077 Sub-Total of Direct Charges $1,074,356 Indirect Costs $64,073 Total Federal Amount Being Requested $1,138,429 Non-Federal Share $284,607 Total Federal and Non -Federal $1,423,036 8. STAFFING REQUIREMENTS. As Grantee, Contra Costa County operates the Head Start Program, which is administered and staffed by the Employment & Human Services Department, 2 Community Services Bureau. 9. PROGRAM NEED. The Community Services Bureau serves the needs of low-income children (3-5 years of age under Head Start, and prenatal - 3 yrs. under Early Head Start) and their families, by providing quali ty childcare, child development, and other services such as medical, mental health and dental needs. 10. RELATIONSHIP TO OTHER PROGRAMS. The Community Services Bureau’s Head Start program combines Federal Head Start and State Child D evelopment funding into one cohesive program. The Bureau also has strong collaborations with other departments within the County and partners with community based o rganizations, local private businesses, schools, non-profits, and volunteer organizations. 11. PROJECT GOALS. (Same goals and objectives for both Head Start and Early Head Start) Goal 1: Through the use of multiple technologies, CSB will develop systems to enhance staff and client communication while coordinating program-wide approaches to effective data management and ensuring high quality service delivery. Goal 2: Due to an 84% increase in Early Head Start slots (from 311 to 623 ) in two years, CSB will enhance its Early Head Start programming through a multi -faceted approach. Goal 3: CSB will implement a “Grow Our Own” approach to hiring, developing, and retaining a robust staff across all service areas that are responsive to the clients and intrinsically motivated to be the best they can be through a variety of supports and services. Goal 4: CSB will implement data-driven Parent, Family and Community Engagement (PFCE) services that embrace the PFCE framework and result in measurable impacts that achieve the mission of the organization. 12. STATED OBJECTIVES.  By June 30, 2020, CSB will implement the use of an interactive self-service kiosks, web portal, and mobile application with user-friendly interface and software that interacts with CSB’s data management system.  By June 30, 2020, CSB will develop communication protocols to maximize the use of Short Message System (SMS) and e-mails through CSB’s data management system to enhance communication with families and staff.  By June 30, 2020, CSB will expand the use of the Interactive Voice Response (IVR) system that allows the database to interact with families for purposes of automated alerts to support recordkeeping.  In February 2020, CSB will pilot Early Head Start oral health curriculum during Oral Health Month to determine which curriculum will be used in our program moving forward.  By June 2020, select program staff will receive Infant/Toddler CLASS coaching with a certified Infant/Toddler CLASS consultant to increase their understanding of best practices in adult/child interactions.  By June 2020, both CSB and the partners and will increase family collaborating and understanding of school readiness through various family engagement activates based on the first assessment date in the child outcomes report.  By December 2020, 15 additional Teacher Assistant Trainees will complete the core 12 units by participating in the ECE Work Study Program, in partnership with the colleges of Contra Costa and 3 the YMCA of the East Bay.  By December 2020, 10 teachers will acquire classes in pursuit of degrees and earning a higher -level permit.  By December 2020, the Staff Health Improvement Plan in partnership with the Wellness Champions will improve CSB’s holistic wellness in the areas of: 1) Consistent information dissemination 2) Nutrition and physical activity 3) Effective Stress Management.  By December 2020, CSB will utilize innova tive recruitment strategies to increase the number of qualified Teacher Assistant Trainees (TAT) and Associate Teachers (AT) by 10%.  By June 2020, CSB staff will participate in a learning series targeted at boosting staff confidence and enthusiasm in worki ng with parents to achieve meaningful and appropriate engagement in program activities.  By June 2020, CSB will introduce “Strong Partners/Strong families,” a new approach directed at re -designing Parent Committee Meetings and enhancing meaningful participa tion by parents and staff.  By June 2020, CSB will build pro -fathering knowledge, attitudes, and skills of the fathers and other male caregivers by piloting the Fathering in 15 (TM): Online Learning for Dads.  By June 2020, CSB will implement a comprehensive approach to serving homeless families that addresses all of their needs that result from the devastating effects of homelessness. 13. ACTIVITY SUMMARY. Program continues to provide high-quality services. 14. EVALUATION METHOD(S). Measurable, results -based child and family outcomes have been implemented, such as the required State of California’s Desired Results Developmental Profile, for programs providing services through collaboration with the State of California Department of Education. 15. CHANGES COMPARED TO PRIOR YEAR (if any). Goals and Objectives cover FY 2018 – FY 2022. Policy Council has been involved in the development, review and evaluation process of the goals and objectives. 16. POTENTIAL CONTROVERSIAL ISSUES. None. Public perception of the Head Start and Early Head Start programs remain positive. The Policy Council will approve submission of this grant at their February 19, 2020 meeting. RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with State of California - Department of Parks and Recreation in an amount not to exceed $9,000 for the county to provide services to treat invasive weeds in Mount Diablo State Park beginning February 1, 2020 through June 30, 2020. FISCAL IMPACT: The county will be reimbursed in an amount not to exceed $9,000 for providing supplies and labor to control invasive weeds in the Mount Diablo State Park. for State of California - Department of Parks and Recreation. BACKGROUND: Contra Costa County Agriculture Weights and Measures Department has a long history of weed management and weed abatement. There are two main non-native and invasive weeds (Artichoke Thistle and Purple Star Thistle) we continue to invest time and resources to abate as well as several other species. Contra Costa is generally infested with both Artichoke Thistle and Purple Star Thistle, which are both B rated pests, and both are a detriment to our precious range lands and our fragile regional and state parks. The Department has built a great relationship and work closely APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 925-608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 53 To:Board of Supervisors From:Matt Slattengren Date:March 10, 2020 Contra Costa County Subject:Agreement for Services - Dept. of Parks and Recreation BACKGROUND: (CONT'D) with the state parks, regional park districts, regional water districts, various other entities and private landowners to collectively control these weeds. The Department will be implementing control methods that will protect endangered species as well as promote regrowth of native and desirable plants. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the county will not be able to provide services to control invasive weeds at Mt. Diablo State Park and lose revenue and possibly increase the spread of noxious and invasive weeds, not native to California. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the Public Works Director, a purchase order amendment with Cintas Corporation, to increase the payment limit by $50,000 for a new payment limit of $500,000, and to extend the term from January 31, 2020 to July 31, 2020, Countywide. FISCAL IMPACT: 100% General Fund. BACKGROUND: Cintas Corporation provides garment rental and laundry services for Contra Costa County departments, and has offered the County a 2% discount across the board. Cintas Corporation is the single provider selected to standardize the products offered and the services provided to the County. Products include uniforms, towels, linens, and select cleaning supplies. Pricing is fixed throughout the term to allow departments to accurately budget expenses. Cintas Corporation is a local business enterprise. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Cintas Corporation will not be able to provide the uniforms, towels, linens, and select cleaning products needed by County departments. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Cindy Shehorn (925) 957-2495 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 54 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Change Order to Purchase Order with Cintas Corporation RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-606-17 with Sodexo America, LLC, a limited liability company, in an amount not to exceed $960,000, to provide management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from November 1, 2019 through October 31, 2021. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On December 4, 2018, the Board of Supervisors approved Contract #26-606-15 (as amended by Contract Amendment Agreement #26-606-16) with Sodexo America, LLC, for the provision of management and oversight of the Food and Nutrition Services Unit at CCRMC, for the period from November 1, 2018 through October 31, 2019. Approval of Contract #26-606-17 will allow the Contractor to continue providing services through October 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, 925-957-5741 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #26-606-17 with Sodexo America, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC would be operating without management oversight in the Food and Nutritional Services Unit and be out of compliance with the Centers for Medicare and Medicaid Services requirements. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-577-5 with Hobbs Investments, a corporation, in an amount not to exceed $350,000, to provide transportation and courier services including pick-up, transport, and delivery of laboratory specimens, transmittals, pharmacy medications, for the period from February 1, 2020 through January 31, 2021. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: In February 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #76-577-3, (as amended by Contract Amendment Agreement #76-577-4) with Hobbs Investments, Inc., to provide transportation and courier services including pick up, transport, and delivery of laboratory specimens, transmittals, pharmacy medications and other items to and from County utilized facilities, for the period from February 1, 2019 through January 31, 2020. Approval of Contract #76-577-5 will allow the Contractor to continue providing services through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 56 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #76-577-5 with Hobbs Investments, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County facilities will not have access to Contractor’s delivery services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order amendment with Hammons Supply Company, to increase the payment limit by $100,000 to a new payment limit of $280,000 for the purchase of custodial supplies and equipment as needed by the three County detention facilities for the period June 1, 2019 through May 31, 2020. FISCAL IMPACT: $100,000. 100% General Fund; Budgeted. BACKGROUND: Hammons Supply Company provides miscellaneous janitorial products and equipment for the three Detention Facilities of Contra Costa County. This vendor offers lower pricing for specific custodial products, such as plastic liners, latex gloves and toilet paper when compared to other major county suppliers. They also have a local warehouse that accommodates quicker delivery and/or pick-up of supplies. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 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. 57 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:Change Order - Hammons Supply Company RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Young Men’s Christian Association (YMCA) of the East Bay to increase the payment limit by $10,000 to a new payment limit of $977,632 for Head Start Program Enhancement services for the term July 1, 2019 through June 30, 2020. FISCAL IMPACT: This contract is entirely federally funded by Administration for Children and Families with CFDA No. 93.600. There are no County costs. BACKGROUND: Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start and Early Head Start program services to program eligible County residents. The Department, in turn, contracts with a number of community-based organizations to provide a wider distribution of services. On September 17, 2019 (c.41) the board approved a contract for the provision of 180 program slot / Head Start and Early Head Start services to program eligible children and families in Contra Costa County. This amendment is to add $10,000 to the contract for additional case management services to include tutoring and college registration assistance to enrolled clients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nasim Eghlima, Christina Reich, Haydee Ilan C. 58 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:2019-20 YMCA of the East Bay Childcare Services Contract Amendment CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not be able to provide increased services through this agency. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute an agreement with University of California, San Francisco, in an amount not to exceed $123,327, for local evaluation services for the Domestic Violence Homicide Prevention Demonstration Initiative Lethality Assessment Program, for the period October 1, 2019 through June 30, 2020. FISCAL IMPACT: This agreement will increase department expenditures by $123,327 and is funded 81% by County and 19% by the U.S. Department of Justice, Office of Violence against Women Grant revenues. BACKGROUND: The Contra Costa Alliance to End Abuse (Alliance) applied for and received funds from the US Department of Justice, Office on Violence against Women (OVW), Domestic Violence Homicide Prevention Demonstration Initiative (Project) in 2013. The Project was implemented in two phases. The first phase of assessment was completed in September 2014 and Alliance was one of four sites selected by OVW to participate in the second APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 59 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:Contract with University of California San Francisco for Evaluation of Domestic Violence Homicide Prevention Demonstration Initiative BACKGROUND: (CONT'D) phase of implementation to implement the Lethality Assessment Program (LAP). The primary purpose of the Project is to implement and measure the effectiveness of the LAP, with the objective of reducing domestic violence homicides and near homicides. The Project will build the capacity of the County to improve identification of and services for high-risk victims, while better monitoring high-risk offenders to reduce domestic violence-related homicide. This Project will document and disseminate solutions for replication across the country. The County is engaging the University of California, San Francisco (UCSF) to assist in carrying out activities consistent with the requirements of this OVW-funded Project, including required evaluations and participation in OVW-sponsored technical, research, data collection, and reporting. The term of this Agreement begins on October 1, 2019 because the U.S. Department of Justice, Office of Violence against Women recently approved supplemental dollars to cover expenses in October 2019, with the County covering remaining costs. The budget changes required UCSF Institutional Board approval. This Agreement includes a mutual indemnification provision and modified copyright language granting UCSF rights over materials it produces. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not meet the grant requirements of the Domestic Violence Homicide Prevention Demonstration Initiative. CHILDREN'S IMPACT STATEMENT: The services provided under this Interagency Agreement support four of five of Contra Costa County’s community outcomes: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (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 identifying improvements to County-wide services for victims at risk of domestic violence-related homicide. RECOMMENDATION(S): APPROVE and AUTHORIZE a payment limit increase in the amount of $200,000 from $300,000 to a new payment limit of $500,000 under the Software License Agreement, Support Services Agreement, and Amendment with Level II, Inc., for California Law Enforcement Telecommunications System (CLETS) connectivity software and services for the period April 8, 2016 to April 7, 2020 with an annual renewal thereafter until terminated. FISCAL IMPACT: $300,000, 100% General Fund; Budgeted BACKGROUND: The Sheriff-Coroner Office executed a Software License Agreement and a Support Services Agreement with Level II, Inc., in April 2016 and paid for the first year of services with a purchase order. Additional software licenses have been obtained by the Sheriff’s Office during since the agreements were entered into and the Support Services Agreement was amended to allow for the payment of the additional licenses and continued support. Level II Incorporated is the Sheriff’s Office vendor for our Message Switch product. The message switch is the conduit that allows all Law Enforcement in Contra Costa County to connect to CLETS. CLETS is a compilation of multiple APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 60 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:Level II, Inc. BACKGROUND: (CONT'D) databases including Stolen Vehicle System, Wanted Persons System, Missing and Unidentified system etc. CLETS is critical data for officer safety as well as the public’s safety. This product is also used by the Courts, District Attorney’s Office, Fire Investigation and Probation. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with California Office of Emergency Services California Specialized Training Institute, in the amount not to exceed $250,000 for emergency management and public information officer training for the term of March 9, 2020 through June 30, 2022.. FISCAL IMPACT: $250,000 grant funds; State Homeland Security and Bay Area Urban Areas Security Initiative. BACKGROUND: The Office of the Sheriff-Coroner was awarded grant funding through the Bay Area UASI and State Homeland Security Grant Program to fund emergency management training for Emergency Operations Center (EOC) and field incident managers. The courses being contracted are foundational courses for EOC personnel and Public Information Officers for crisis management. Contra Costa cannot conduct these certified State courses internally. Contracting with CSTI will ensure local personnel receive these core trainings necessary to respond proficiently in times of disaster. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff-Coroner will not be able to expend awarded grant money and would have to de-obligate these funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 61 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:California Office of Emergency Services – California Specialized Training Institute RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with East Bay Regional Park District in an amount not to exceed $40,000 for the county to provide services to treat invasive weeds in local district parks beginning January 1, 2020 through December 31 2020. FISCAL IMPACT: The county will be reimbursed in an amount not to exceed $40,000 for providing supplies and labor to control invasive weeds in local district parks. BACKGROUND: Contra Costa County Agriculture/Weights and Measures Department has a long history of weed management and weed abatement. There are two main non-native and invasive weeds (Artichoke Thistle and Purple Star Thistle) we continue to invest time and resources to abate as well as several other species. Contra Costa is generally infested with both Artichoke Thistle and Purple Star Thistle, which are both B rated pests, and both are a detriment to our precious range lands and our fragile regional and state parks. The Department has built a great relationship and work closely with the state parks, regional park districts, regional water districts, various other entities and private landowners to collectively control these weeds. The Department will be implementing control methods that will protect endangered species as well as promote regrowth of native and desirable plants. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: 608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 62 To:Board of Supervisors From:Matt Slattengren Date:March 10, 2020 Contra Costa County Subject:EBRPD - Noxious Weed Special Services Agreement CONSEQUENCE OF NEGATIVE ACTION: If not approved, the county will not be able to provide services to control invasive weeds at local district parks, lose revenue, and possibly increase the spread of noxious and invasive weeds, not native to California. RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Facilities General Construction Services Contract(s) for repairs and small construction to support maintenance of various county facilities, Countywide. FISCAL IMPACT: 100% General Fund BACKGROUND: The Public Works Department will use the 2020 On-Call Facilities General Construction Services Contract(s) to provide general construction services, as needed, for repairs including but not limited to maintenance, repairs and small construction, in support of maintenance operations at various facilities within Contra Costa County. The Public Works Department intends to award at least one (1), but not more than three (3) contracts, total of contracts not to exceed $10,000,000 to the responsible bidder(s). Each contract will have a term of three (3) years with the option of two (2) one-year extensions, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Lachapelle, 925-313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 63 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:ADVERTISE for the 2020 On-Call Facilities General Construction Services Contract(s) BACKGROUND: (CONT'D) and will be used as needed with no minimum amount that has to be spent. CONSEQUENCE OF NEGATIVE ACTION: If the request to advertise is not approved, the Public Works Department will not be able to advertise for general construction services, which may result in a back log of repairs required to maintain county facilities. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-579-4 with Jamal Julian Zaka, M.D., an individual, in an amount not to exceed $235,000 to provide pulmonology services to Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers patients, for the period April 1, 2020 through March 31, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On February 26, 2019, the Board of Supervisors approved Contract #76-579-2 (as amended by Amendment Agreement #76-579-3) with Jamal Julian Zaka, M.D., to provide pulmonology services, including but not limited to clinical coverage, consultation, training and on-call services at CCRMC and Contra Costa Health Centers, for the period from April 1, 2019 through March 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #76-579-4 with Jamal Julian Zaka, M.D. BACKGROUND: (CONT'D) Approval of Contract #76-579-4 will allow the Contractor to continue to provide pulmonology services at CCRMC and Contra Costa Health Centers through March 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring pulmonology services at CCRMC and Contra Costa Health Centers will not have access to the Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount of $26,440 to Total Renal Care, Inc., a corporation, for blood treatment services for inmates/patients at the Martinez Detention Facility for the months December 2019 and January 2020. FISCAL IMPACT: This contract is funded by 100% Hospital Enterprise Fund I. BACKGROUND: 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. for the provision of blood treatment services for inmates/patients at the Martinez Detention Facility, for the period from January 27, 2018 through January 26, 2020. Due to a vacancy in key administrative staff at the Detention Heath Unit starting late 2019, additional services were requested and the payment limit was exceeded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, 925-370-5100 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 65 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Payment for services provided by Total Renal Care, Inc. BACKGROUND: (CONT'D) The Contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the contractor does so to the benefit of the County, the Contractor is entitled to recover the reasonable value of those services. Total Renal Care, Inc. provided services at the request of the County after the original contract payment limit had been reached. The Department is requesting the amount due the Contractor be paid in an amount of $26,440 for services rendered December 1, 2019 through January 26, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this payment is not approved, the Contractor will not be paid for services provided in good faith. ATTACHMENTS RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Roofing and Exterior Waterproofing Services Contract(s) for maintenance, repairs and roofing to support maintenance of various County facilities, Countywide. FISCAL IMPACT: 100% General Fund BACKGROUND: The Public Works Department will use the 2020 On-Call Facilities Roofing and Exterior Waterproofing Services Contract(s) to provide maintenance and repairs including but not limited to maintenance, repairs, roofing and exterior waterproofing in support of maintenance operations at various facilities within Contra Costa County. The Public Works Department intends to award at least one (1), but not more than three (3) contracts, total of contracts not to exceed $10,000,000 to the responsible bidder(s). Each contract will have a term of three (3) years with the option of two (2) one-year extensions, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 66 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:ADVERTISE for the 2020 On-Call Roofing and Exterior Waterproofing Service Contract(s), Countywide. BACKGROUND: (CONT'D) and will be used as needed with no minimum amount that has to be spent. CONSEQUENCE OF NEGATIVE ACTION: If the request to advertise is not approved, the Public Works Department will not be able to advertise for roofing and exterior waterproofing services, which could result in a back log of repairs required to maintain county facilities. RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to advertise for the 2020 On-Call Electrical Services Contract(s) for electrical repairs, maintenance, main switch gear testing, and infrared testing of electrical components, Countywide. FISCAL IMPACT: 100% General Fund BACKGROUND: The Public Works Department will use the 2020 On-Call Electrical Services Contract(s) to provide electrical services including but not limited to repairs, main switch gear testing and infrared testing in support of maintenance operations at various facilities within Contra Costa County. This type of work is not typically performed by County staff. The Public Works Department intends to award at least one (1), but not more than two (2) contracts, total of contracts not to exceed $2,000,000 to the responsible bidder(s). Each contract will have a term of three (3) years with the option of two (2) one-year APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Lachapelle, (925) 313-7082 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 67 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:ADVERTISE for the 2020 On-Call Electrical Service Contract(s) BACKGROUND: (CONT'D) extensions, and will be used as needed with no minimum amount that has to be spent. CONSEQUENCE OF NEGATIVE ACTION: If the request to advertise is not approved, the Public Works Department will not be able to advertise for electrical services, which could result in a back log of testing and repairs required to maintain county facilities. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County as follows: 1. Cancellation Agreement #76-524-15 with Samir B. Shah, M.D., Inc., A Professional Corporation, effective on the close of business on March 31, 2020; and 2. Contract #76-524-16 in the amount of $2,172,000 with Samir B. Shah, M.D., Inc., A Professional Corporation, for the period from April 1, 2020 through March 31, 2023, for the provision of ophthalmology surgical services, and for performing duties of the Chief Medical Officer of Contra Costa Regional Medical Center (CCRMC) and Health Centers. FISCAL IMPACT: This Contract is 100% funded by Hospital Enterprise Fund I. Year two and year three provide for a 3% rate increase. BACKGROUND: On April 24, 2018, the Board of Supervisors approved Contract #76-524-14 with Samir B. Shah, M.D., Inc., for the period from May 1, 2018 through April 30, 2021, for the provision of ophthalmology services including consultation, clinic coverage, training, and medical and/or surgical procedures, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Patrick Godley, 925-957-5410 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 68 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Cancellation Agreement #76-524-15 and Contract #76-524-16 with Samir B. Shah, M.D., Inc., BACKGROUND: (CONT'D) and upon request acting as Department Head and Section Chief of the assigned medical unit and duties of the Chief Medical Officer at CCRMC and Health Centers. The Department and the Contractor have renegotiated the Contract terms to allow the Contractor to continue to serve as Chief Medical Officer of the CCRMC and Health Centers. Therefore, in accordance with General Conditions Paragraph 5. (Termination and Cancellation) of the Contract, the Department and Contractor have agreed to cancel Contract #76-524-14 and enter into a new Contract. Approval of Contract #76-524-16 will allow the Contractor to continue to provide ophthalmology services, at CCRMC and Health Centers, and the duties of the Chief Medical Officer of CCRMC, through March 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Regional Medical and Contra Costa Health Centers will not have access to Contractor’s services, which will result in a reduction in the overall level of services to the community. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-842-4 with Contra Costa Hearing Aid Center, Inc., a corporation, in an amount not to exceed $250,000, to provide audiology and hearing aid services to Contra Costa Health Plan (CCHP) members, for the period from May 1, 2020 through April 30, 2022. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On May 1, 2018, the Board of Supervisors approved Contract #27-842-3 with Contra Costa Hearing Aid Center, Inc., for the provision of audiology and hearing aid services to CCHP members, for the period from May 1, 2018 through April 30, 2020. Approval of Contract #27-842-4 will allow the Contractor to continue to provide audiology and hearing aid services for CCHP members through April 30, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Kimberley Mullen, Marcy Wilhelm C. 69 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #27-842-4 with Contra Costa Hearing Aid Center, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialty 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. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-514-6 with Robin Wendy Asher, M.D., an individual, in an amount not to exceed $239,616, to provide outpatient psychiatric care services to children and adolescents in Central Contra Costa County, for the period from April 1, 2020 through March 31, 2021. FISCAL IMPACT: This Contract is funded by 50% Federal Medi-Cal and 50% by Mental Health Realignment Funds. (No rate increase) BACKGROUND: On March 12, 2019, the Board of Supervisors approved Contract #74-514-5 with Robin Wendy Asher, M.D., to provide outpatient psychiatric services to children and adolescents in Central Contra Costa County, including diagnosing, counseling, evaluation, and medical and therapeutic treatment and consulting and training in medical and therapeutic matters for the period from April 1, 2019 through March 31, 2020. Approval of Contract #74-514-6 will allow Contractor to continue providing psychiatric services through March 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Matthew White, M.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 70 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #74-514-6 with Robin Wendy Asher, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s psychiatric care services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #23-226-16 with Boehm & Associates, LLC, a limited liability company, effective March 1, 2020, to amend Contract #23-226-15 to increase the payment limit by $150,000, from $150,000 to a new payment limit of $300,000 with no change in the term of July 1, 2019 through June 30, 2020. FISCAL IMPACT: This amendment is funded 100% by Third-Party revenue from collection activities. (No rate increase) BACKGROUND: On June 11, 2019, the Board of Supervisors approved Contract #23-226-15 with Boehm & Associates for the provision of consulting and technical assistance for workers’ compensation laws and recovery rights under personal injury law in third-party liability cases, 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: 03/10/2020 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: Pat Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #23-226-16 with Boehm and Associates, LLC BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #23-226-16 will allow the Contractor to provide additional consulting and technical assistance on workers’ compensation laws and recovery rights under personal injury law in third-party liability cases, through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Department will not have access to Contractor’s expertise on workers’ compensation laws and recovery rights under personal injury law in third-party liability cases. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Larry Walker Associates, Incorporated, effective March 10, 2020, to increase the payment limit by $120,000, to a new payment limit of $820,000, to provide additional professional stormwater quality services for a variety of National Pollutant Discharge Elimination System (NPDES) Permit requirements for the Contra Costa County Watershed Program, with no change to the term of April 1, 2015 to March 31, 2020, Countywide. FISCAL IMPACT: 100% Stormwater Utility Assessment Funds. BACKGROUND: The County Watershed Program is responsible for ensuring the County’s compliance with two state mandated municipal stormwater discharge permits under the NPDES: the Municipal Regional Permit (MRP) and the NPDES Permit. Larry Walker Associates, Incorporated shall provide professional stormwater quality services for a variety of NPDES Permit requirements, including Total Maximum Daily Load compliance and trash reduction. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Melinda Harris, (925) 313-2037 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Tim Jensen, Flood Control, Michele Mancuso, County Watershed Program, Melinda Harris, County Watershed Program, Catherine Windham, Flood Control C. 72 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:March 10, 2020 Contra Costa County Subject:Contract Amendment with Larry Walker Associates, Incorporated. Project No. 7517-6W7078 CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this contract by the Board of Supervisors, Contra Costa County will be unable to meets its requirements under the MRP and the NPDES Permit. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-543-3 with YWCA of Contra Costa/Sacramento, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-543-2, to increase the payment limit by $14,691, from $550,898 to a new payment limit of $565,589 with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $22,036, from $275,449 to a new payment limit of $297,485 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing mental health services to Seriously Emotionally Disturbed (SED) children and adolescents to improve school performance, reduce unsafe behavioral practices, and reduce the need for out-of-home placements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-543-3 with YWCA of Contra Costa/Sacramento BACKGROUND: (CONT'D) On July 23, 2019, the Board of Supervisors approved Novation Contract #74-543-2 with YWCA of Contra Costa/Sacramento to provide mental health services for SED children and adolescents for the period July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Amendment #74-543-3 will allow the Contractor to continue to provide mental health services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-452-8 with La Clinica De La Raza, Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-452-7, to increase the payment limit by $11,758, from $440,930 to a new payment limit of $452,688, with no change in the original term of July 1, 2019 through June 30, 2020 and to increase the automatic extension payment limit by $17,637 from $220,465 to a new payment limit of $238,102 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing community-based mental health services focusing on minority, Seriously Emotionally Disturbed (SED) children which will result in greater home, community and school success. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm C. 74 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-452-8 with La Clinic De La Raza, Inc. BACKGROUND: (CONT'D) On July 23, 2019, the Board of Supervisors approved Novation Contract #74-452-7 with La Clinic De La Raza, Inc., to provide community-based mental health services including case management and crisis intervention services for SED minority children in East Contra Costa County, for the period from July 1, 2019 through June 30, 2020 which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #74-452-8 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program supports the following Board of Supervisors’ community outcomes: “Children Ready for and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-525-4 with Center for Psychotherapy, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-525-3, to increase the payment limit by $16,870, from $632,610 to a new payment limit of $649,480, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $25,304, from $316,305 to a new payment limit of $341,609 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing mental health services for Seriously Emotionally Disturbed (SED) adolescents and latency-aged children. Goals for program participants include reduction of disruptive behavior, keeping children with biological/adoptive parents, or in the case of foster children, reducing the need for multiple changes in placement and/or placement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, PhD., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 75 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-525-4 with Center for Psychotherapy BACKGROUND: (CONT'D) in residential treatment. Additional goals include stabilization in school settings and academic success. On July 23, 2019, the Board of Supervisors approved Novation Contract #74-525-3 with Center for Psychotherapy for the provision of mental health services, case management and crisis intervention for SED adolescents and latency-aged children in East Contra Costa County, for the period from July 1, 2019 through June 30, 2020, which included a six-month extension through December 31, 2020. Approval of Amendment #74-525-4 will allow the Contractor to continue to provide mental health services, case management and crisis intervention services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-315-17 with Community Options for Families and Youth, Incorporated, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-315-16, to increase the payment limit by $38,272, from $1,435,226 to a new payment limit of $1,473,498, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $57,409, from $717,613 to a new payment limit of $775,022 through December 31, 2020. FISCAL IMPACT: This Amendment is funded by 50% Federal Early and Periodic Screening, Diagnosis and Treatment (EPSDT) and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: The Contract meets the social needs of the County by providing Therapeutic Behavioral Services (TBS) to seriously emotionally disturbed (SED) children who have been discharged from a hospital or have failed in other placements. Contractor shall also provide a Multisystemic Behavioral and Functional Family Therapy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 76 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-315-17 with Community Options for Families and Youth, Incorporated BACKGROUND: (CONT'D) program for adolescents who are discharged from Juvenile Hall and the Orin Allen Youth Rehabilitation Facility. On September 10, 2019, the Board of Supervisors approved Novation Contract #74–315–16 with Community Options for Families and Youth, Incorporated for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020, for the provision of TBS and outpatient services to SED children and youth, and their families. Approval of Amendment #74-315-17 will allow the Contractor to continue to provide TBS and outpatient services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-399-12 with Contra Costa Interfaith Transitional Housing, Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-399-11, to increase the payment limit by $7,680, from $287,982 to a new payment limit of $295,662, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $11,519, from $143,991 to a new payment limit of $155,510 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: On August 6, 2019, the Board of Supervisors approved Novation Contract #74-399-11 with Contra Costa Interfaith Transitional Housing, Inc., for the provision of community-based mental health services for seriously emotionally disturbed (SED) children and youth ages 0-21 for the period from July 1, 2019 through June 30, 2020, which included a six-month extension through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 77 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-399-12 with Contra Costa Interfaith Transitional Housing, Inc. BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #74-399-12 will allow the Contractor to continue to provide community based mental health services, through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-191-16 with West Contra Costa Unified School District, a government agency, effective March 1, 2020, to amend Novation Contract #74-191-15, to increase the payment limit by $16,851, from $631,910 to a new payment limit of $648,761, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $27,576 from $313,455 to a new payment limit of $341,031 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal, 49% Mental Health Realignment and 1% West Contra Costa Unified School District. (Rate increase) BACKGROUND: This Agreement meets the social needs of County’s population by providing child-family team facilitators and other wraparound services to families of Seriously Emotionally Disturbed (SED) children, facilitates multi-agency collaborative service delivery, and minimizes the need for crisis services and involvement with the Juvenile Justice System. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 78 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-191-16 with West Contra Costa Unified School District BACKGROUND: (CONT'D) On October 22, 2019, the Board of Supervisors approved Novation Contract #74-191-15 with West Contra Costa Unified School District, to provide wraparound services to SED children, for the period from July 1, 2019 through June 30, 2020 which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #74-191-16 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-317-17 with Alternative Family Services, Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-317-16, to increase the payment limit by $33,936, from $1,272,596 to a new payment limit of $1,306,532, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $50,904, from $636,298 to a new payment limit of $687,202 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population in that it provides Multidimensional Treatment Foster Care (MTFC) services to Seriously Emotionally Disturbed (SED) youth who are in foster care or in intensive treatment foster care homes, and their families, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 79 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-317-17 with Alternative Family Services, Inc. BACKGROUND: (CONT'D) including mental health services, medication support, and crisis intervention. On September 10, 2019, the Board of Supervisors approved Novation Contract #74–317-16 with Alternative Family Services, Inc., for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020, for the provision of MTFC services to SED youth and their families. Approval of Amendment #74-317-17 will allow the Contractor to continue to provide MTFC services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-308-48 with Early Childhood Mental Health Program, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-308-47, to increase the payment limit by $82,400, from $3,090,002 to a new payment limit of $3,172,402, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $123,600, from $1,545,001 to a new payment limit of $1,668,601, through December 31, 2020. FISCAL IMPACT: This Contract is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population in that it provides school and community based mental health services to children, from birth to age six (6) in West Contra Costa County, including in-home behavioral health services and intensive care coordination. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 80 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-308-48 with Early Childhood Mental Health Program BACKGROUND: (CONT'D) On July 23, 2019, the Board of Supervisors approved Novation Contract #24-308-47 with Early Childhood Mental Health Program for the provision of specialized mental health services to children and their families in West Contra Costa County for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Amendment #24-308-48 will allow the Contractor to continue to provide mental health services, including in-home behavioral health services and intensive care coordination, through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-218-18 with Desarrollo Familiar, Inc. (dba Familias Unidas), a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-218-17, to increase the payment limit by $10,646, from $399,220 to a new payment limit of $409,866, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $15,969, from $199,610 to a new payment limit of $215,579, through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal; 50% State Early Periodic Screening, Diagnosis and Treatment (EPSDT). (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing community-based mental health services, including assessments; individual, group, and family counseling; case management; and outreach to an underserved Latino population in West Contra Costa County, which will result in greater home, community, and school success. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 81 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-218-18 with Desarrollo Familiar, Inc. (dba Familias Unidas) BACKGROUND: (CONT'D) On July 9, 2019, the Board of Supervisors approved Novation Contract #74–218–17 with Desarrollo Familiar, Inc. (dba Familias Unidas) for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020, for the provision of community based mental health services for children and their families in West Contra Costa County. Approval of Contract Amendment Agreement #74-218-18 will allow the Contractor to continue to provide community based mental health services for children and their families in West Contra Costa County through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74–322–17 with Youth Homes Incorporated, a non-profit corporation, effective March 1, 2020, to increase the payment limit by $108,903, from $4,083,868 to a new payment limit of $4,192,771, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $163,355, from $2,041,934 to a new payment limit of $2,205,289 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: On December 10, 2019, the Board of Supervisors approved Novation Contract #74–322–16 with Youth Homes Incorporated for the provision of residential treatment and Therapeutic Behavioral Services (TBS) to Seriously Emotionally Disturbed (SED) children for the period from July 1, 2019 through June 30, 2020, which included a six month automatic extension through December 31, 2020. Approval of Amendment Agreement #74-322-17 will allow the Contractor to continue to provide residential treatment and therapeutic behavioral services through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 82 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74–322–17 with Youth Homes Incorporated CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This Contract supports the following Board of Supervisors’ community outcomes: “Children Ready for and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS) and placement at discharge to a lower level of care. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-928-29 with Fred Finch Youth Center, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-928-28, to increase the payment limit by $35,575, from $1,334,068 to a new payment limit of $1,369,643, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $52,563 from $667,034 to a new payment limit of $719,597 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 49% Federal Medi-Cal, 49% Mental Health Realignment and 2% Mt. Diablo Unified School District. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing school and community based mental health services including: assessments, individual, group and family therapy, medication support, case management, outreach, Therapeutic Behavioral Services (TBS) and crisis intervention services for Seriously Emotionally Disturbed (SED) middle and high school aged children and their families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 83 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-928-29 with Fred Finch Youth Center BACKGROUND: (CONT'D) On September 10, 2019, the Board of Supervisors approved Novation Contract #24-928-28 with Fred Finch Youth Center, to provide school-based day treatment and mental health services for students in the Mt. Diablo Unified School District, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #24-928-29 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This Early and Periodic Screening, Diagnostic and Treatment (EPSDT) program supports the following Board of Supervisors’ community outcomes; “Children Ready for and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-133-71 with La Cheim School, Inc., a non-profit corporation, effective March 1, 2020, to amend Contract #24-133-70, to increase the payment limit by $68,392, from $2,564,684 to a new payment limit of $2,633,076, with no change in the original term of July 1, 2019 through June 30, 2020 and to increase the automatic extension payment limit by $102,587 from $1,282,342 to a new payment limit of $1,384,929 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County's population by providing school-based services and a residential treatment program which includes mental health services, case management, crisis intervention, medication support and Therapeutic Behavioral Services (TBS) for Seriously Emotionally Disturbed (SED) youth ages 8-21 who are eligible for services according to the Federal Individuals with Disabilities APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 84 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-133-71 with La Cheim School, Inc. BACKGROUND: (CONT'D) Education Act (IDEA) or who are wards or dependents of Contra Costa County Juvenile Court. Contractor also provides TBS to County-referred children. On July 23, 2019, the Board of Supervisors approved Novation Contract #24-133-70 with La Cheim School, Inc., to provide school-based services and a residential treatment program which includes mental health services, case management, crisis intervention, medication support and TBS for SED youth ages 8-21, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #24-133-71 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-409-40 with West Contra Costa Youth Services Bureau, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-409-39, to increase the payment limit by $91,363, from $3,426,118 to a new payment limit of $3,517,481, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $137,045, from $1,713,059 to a new payment limit of $1,850,104, through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing community based mental health services to families of children with seriously emotionally disturbed (SED) in West Contra Costa County. Contractor facilities multi-agency collaborative services delivery and minimizes the need for crisis services and involvement with the Juvenile Justice System. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 85 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-409-40 with West Contra Costa Youth Services Bureau BACKGROUND: (CONT'D) On July 23, 2019, the Board of Supervisors approved Novation Contract #24-409-39 with West Contra Costa Youth Services Bureau for the provision of mental health services to SED children and their families in West Contra Costa County, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #24-409-40 will allow the Contractor to continue to provide mental health services to SED children and their families, through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24–707-60 with Contra Costa ARC, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-707-59, to increase the payment limit by $59,612, from $2,235,416 to a new payment limit of $2,295,028, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $89,417, from $1,117,708 to a new payment limit of $1,207,125 through December 31, 2020. FISCAL IMPACT: This amendment is funded 50% by Federal Medi-Cal and 50% by Mental Health Realignment Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing mental health services for preschoolers with measurable delays in interpersonal, social/emotional, language and cognitive development, and for children who are at risk for such delays, including abused, developmentally delayed, SED and environmentally deprived children who do not meet the criteria for any categorical funding APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 86 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24–707–60 with Contra Costa ARC BACKGROUND: (CONT'D) source for services. On July 23, 2019, the Board of Supervisors approved Novation Contract #24-707-59 with Contra Costa ARC, for the provision of wrap-around and mental health treatment services for SED children and their families in East Contra Costa County for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Amendment #24–707-60 will allow Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-309-4 with Amador Institute, Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-309-3, to increase the payment limit by $7,780, from $291,748 to a new payment limit of $299,528, with no change in the term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $11,670, from $145,874 to a new payment limit of $157,544 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing mental health services for Seriously Emotionally Disturbed (SED) adults, adolescents and latency-aged children. On July 23, 2019, the Board of Supervisors approved Novation Contract #74-309-3 with Amador Institute, Inc. to provide mental health, case management and crisis intervention APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 87 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-309-4 with Amador Institute, Inc. BACKGROUND: (CONT'D) services to SED adults, adolescents and latency-age children in East and Central Contra Costa County, for the period July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Amendment #74-309-4 will allow the Contractor to continue to provide mental health services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-517-5 with Child Therapy Institute of Marin, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-517-4, to increase the payment limit by $21,812, from $817,930 to a new payment limit of $839,742, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $32,717, from $408,965 to a new payment limit of $441,682 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing mental health services to adolescents with emotional and behavioral problems to improve school performance, reduce unsafe behavioral practices, and reduce the need for out-of-home placements. On July 23, 2019, the Board of Supervisors approved Novation Contract #74-517-4 with Child Therapy Institute of Marin, for the provision of mental health services for Seriously Emotionally Disturbed children and adolescents in East and West county for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 88 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-517-5 with Child Therapy Institute of Marin BACKGROUND: (CONT'D) Approval of Amendment #74-517-5 will allow the Contractor to continue to provide mental health services , through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-321-15 with Bay Area Community Resources Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-321-14, to increase the payment limit by $62,725, from $2,352,202 to a new payment limit of $2,414,927, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $94,088, from $1,176,101 to a new payment limit of $1,270,189, through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing school-based mental health services to County-designated seriously emotionally disturbed (SED) elementary, middle school and high school students within the West Contra Costa Unified School District, and their families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 89 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-321-15 with Bay Area Community Resources Inc. BACKGROUND: (CONT'D) On September 24, 2019, the Board of Supervisors approved Novation Contract #74-321-14 with Bay Area Community Resources for the provision of school-based mental health services for SED students, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #74-321-15 will allow the Contractor to continue to provide school-based mental health services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-402-10 with Aspiranet, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-402-9, to increase the payment limit by $7,285, from $273,184 to a new payment limit of $280,469, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $10,927, from $136,592 to a new payment limit of $147,519 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: On July 9, 2019, the Board of Supervisors approved Novation Contract #74-402-9 with Aspiranet to provide Therapeutic Behavioral Services (TBS) for children and youth up to 21 years of age with high risk behavior for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Amendment #74-402-10 will allow the Contractor to continue to provide TBS through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 90 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-402-10 with Aspiranet CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-927-27 with Community Health for Asian Americans, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-927-26, to increase the payment limit by $45,980, from $1,724,233 to a new payment limit of $1,770,213, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $67,259 from $862,116 to a new payment limit of $929,375 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 49% Federal Medi-Cal; 49% Mental Health Realignment; 2% Non-Medi-Cal Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing school and community based mental health services, including: assessments, individual, group and family therapy; medication support, case management, outreach, and crisis intervention services, to an underserved Asian population and will result in greater home, community, and school success. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 91 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-927-27 with Community Health for Asian Americans BACKGROUND: (CONT'D) On July 23, 2019 (as corrected on October 8, 2019), the Board of Supervisors approved Novation Contract #24-927-26 with Community Health for Asian Americans for the provision of mental health services including wraparound and outpatient treatment to children in West County, for the period from July 1, 2019 through June 30, 2020 which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #24-927-27 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This Early and Periodic Screening, Diagnostic and Treatment (EPSDT) Program supports the following Board of Supervisors’ community outcomes: “Children Ready for and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS) and a decrease in juvenile offender recidivism as measured by probation database information. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #72-142 containing mutual indemnification with the County of Santa Cruz, a government agency, to pay the County of Santa Cruz (Host County), in an amount not to exceed $900,000, to participate in the Medi-Cal Administrative Activities (MAA) and Targeted Case Management (TCM) programs, for the period from July 1, 2019 through June 30, 2022. FISCAL IMPACT: This Agreement is funded 100% by County MAA/TCM funds. BACKGROUND: MAA is a program which allows local governing agencies (LGA), including Contra Costa County, to receive federal reimbursement for activities necessary for the proper and efficient administration of the Medi-Cal State plan. TCM allows LGAs to receive federal funds for providing services which assist a Medi-Cal individual in a defined target population to gain access to needed medical, social, educational, and other services. To participate in the MAA and TCM programs, each LGA must pay a participation APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 92 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Agreement #72-142 with County of Santa Cruz BACKGROUND: (CONT'D) fee. The participation fee is paid to the "host" (County of Santa Cruz). The "host" county administers the supporting funds for the state program that oversees the MAA/TCM programs and for the activities of the LGA consortium. The "host" county invoices each participating LGA on an annual basis. The participation fee is calculated yearly from base year, claiming amounts for county-based MAA/TCM for each participating LGA. Under Agreement #72-142, the County of Santa Cruz will provide MAA/TCM host county services through June 30, 2022, including mutual indemnification and self-insurance for all participating agencies. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, County will not be a participant in the LGA consortium, and will not receive the financial support needed to provide MAA/TCM services for County’s Medi-Cal clients. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-371-12 with Mt. Diablo Unified School District, a government agency, effective March 1, 2020, to amend Novation Contract #74-371-11, to increase the payment limit by $101,880, from $3,820,521 to a new payment limit of $3,922,401, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $276,467, from $1,775,863 to a new payment limit of $2,052,330 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 46% Federal Medi-Cal, 46% Mental Health Realignment and 8% Mt. Diablo Unified School District. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing school and community based mental health services, including assessments; individual, group and family therapy; medication support; case management; outreach; and crisis intervention services for children at Sunrise School, Fair Oaks Elementary and Olympic and Mt. Diablo High School, and their families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 93 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-371-12 with Mt. Diablo Unified School District BACKGROUND: (CONT'D) On September 10, 2019, the Board of Supervisors approved Novation Contract #74-371-11 with Mt. Diablo Unified School District, to provide school-based mental health services to Seriously Emotionally Disturbed (SED) students, for the period from July 1, 2019 through June 30, 2020 which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #74-371-12 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This school-based program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-355-12 with Lisa Wang, M.D., an individual, in an amount not to exceed $209,664, to provide outpatient psychiatric services to County patients in West County, for the period from July 1, 2020 through June 30, 2021. FISCAL IMPACT: This Contract is funded 100% by Mental Health Realignment Funds. (No rate increase) BACKGROUND: On February 26, 2019, the Board of Supervisors approved Contract #74-355-11 with Lisa Wang, M.D., to provide outpatient psychiatric services, including diagnosing, counseling, evaluating, and providing medical and therapeutic treatment to, County patients in West County, for the period from July 1, 2019 through June 30, 2020. Approval of Contract #74-355-12 will allow Contractor to continue providing outpatient psychiatric services through June 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, PhD., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 94 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #74-355-12 with Lisa Wang, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, adult patients in West County requiring outpatient psychiatric services will not have access to Contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-575-4 with Signature Parking, LLC, a limited liability company, in an amount not to exceed $455,256, to provide parking management services for Contra Costa Regional Medical Center (CCRMC), for the period January 1, 2020 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On December 18, 2018, the Board of Supervisors approved Contract #76-575-3 with Signature Parking, LLC, to provide parking management services at CCRMC including stack parking and parking management to ease parking and eliminate patients missing appointments due to the lack of parking, for the period from January 1, 2019 through December 31, 2019. Approval of Contract #76-575-4 will allow the Contractor to continue to provide parking management services for CCRMC through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 95 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #76-575-4 with Signature Parking, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients at CCRMC will continue to miss medical appointments due to lack of parking. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-249-19 with Catholic Charities CYO of the Archdiocese of San Francisco, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-249-17 (as amended by Amendment Agreement #74-249-18), to increase the payment limit by $8,991, from $337,180 to a new payment limit of $346,171, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $13,487, from $168,590 to a new payment limit of $182,077 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population in that it provides day treatment and Therapeutic Behavioral Services (TBS) services to Seriously Emotionally Disturbed (SED) children to reduce the need for hospitalization and/or other higher levels of care. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 96 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-249-19 with Catholic Charities CYO of the Archdiocese of San Francisco BACKGROUND: (CONT'D) On August 23, 2019, the Board of Supervisors approved Novation Contract #74-249-17 (as amended by Amendment Agreement #74-249-18) with Catholic Charities CYO of the Archdiocese of San Francisco, for the provision of day treatment, mental health services, medication support and TBS for SED children at its St. Vincent’s School for Boys for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment #74-249-19 will allow Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-925-33 with Lincoln, a non-profit corporation, effective March 1, 2020, to amend Contract #24-925-31 (as amended by Amendment Agreement #24-925-32) to increase the payment limit by $130,035, from $5,626,310 to a new payment limit of $5,756,345, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $191,198, from $2,813,155 to a new payment limit of $3,004,353, with no change in the term of the automatic extension through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal, 35% Mental Health Realignment, 11% Antioch/Pittsburg Unified School Grant and 4% The Tides Foundation Grant. (Rate increase) BACKGROUND: On November 19, 2019, the Board of Supervisors approved Novation Contract #24-925-31 (as amended by Amendment Agreement #24-925-32) with Lincoln, for the provision of school-based mental health services and a multi-dimensional family treatment program for Seriously Emotionally Disturbed (SED) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 97 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-925-33 with Lincoln BACKGROUND: (CONT'D) students and their families, for the period July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Amendment #24-925-33 will allow the Contractor to continue to provide drug abuse prevention and treatment services, through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Contractor will not receive the negotiated rate increase. 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 Amendment Agreement #24–773–28 with Mountain Valley Child and Family Services, Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-773-27, to increase the payment limit by $66,248, from $2,484,267 to a new payment limit of $2,550,515, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $74,063, from $1,242,133 to a new payment limit of $1,316,196 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal; 25% Mental Health Realignment; and 25% Employment and Human Services Department. (Rate increase) BACKGROUND: On September 24, 2019, the Board of Supervisors approved Novation Contract #24–773–27 with Mountain Valley Child and Family Services, Inc. for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020, for the provision of a day treatment program, Therapeutic Behavioral Services (TBS), and mental health services for Seriously Emotionally APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 98 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24–773–28 with Mountain Valley Child and Family Services, Inc. BACKGROUND: (CONT'D) Disturbed (SED) youth and dependents. Approval of Amendment #24-773-28 will allow the Contractor to continue to provide services through December 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-058-29 with Seneca Family of Agencies, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-058-28, to increase the payment limit by $238,171, from $8,931,426 to a new payment limit of $9,169,597, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $322,914 from $4,465,713 to a new payment limit of $4,788,627, through December 31, 2020. FISCAL IMPACT: This Amendment is funded by 50% Federal Medi-Cal, 41% Mental Health Realignment, 4% School Districts and 5% Employment and Human Services Department. (Rate increase) BACKGROUND: On December 17, 2019, the Board of Supervisors approved Novation Contract #74-058-28 with Seneca Family of Agencies for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020, for the provision of Mobile Crisis Response Teams for seriously emotionally disturbed (SED) children and their families. Approval of Contract Amendment Agreement #74-058-29 will allow the Contractor to continue to provide services through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 99 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-058-29 with Seneca Family of Agencies CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-705-66 with We Care Services for Children, a non-profit corporation, effective March 1, 2020, to amend Novation Contract #24-705-64 (as amended by #24-705-65), to increase the payment limit by $54,524, from $2,044,654 to a new payment limit of $2,099,178, with no change in the original term of July 1, 2019 through June 30, 2020, and to increase the automatic extension payment limit by $81,786, from $1,022,327 to a new payment limit of $1,104,113 through December 31, 2020. FISCAL IMPACT: This Amendment is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds. (Rate increase) BACKGROUND: On July 23, 2019, the Board of Supervisors approved Novation Contract #24–705–64 (as amended by Amendment Agreement #24-705-65) with We Care Services for Children for the provision of wrap-around mental health services for high risk, delayed or Seriously Emotionally Disturbed (SED) children in Central Contra Costa County, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 PhD., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C.100 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #24-705-66 with We Care Services for Children BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #24-705-66 will allow the Contractor to continue to provide services through June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-586-2 with A Better Way, Inc., a non-profit corporation, effective March 1, 2020, to amend Novation Contract #74-586-1, to modify the rates, with no change in the original Payment Limit of $376,278 and no change in the original term of July 1, 2019 through June 30, 2020, and no change in the six-month automatic extension amount of $188,139 through December 31, 2020. FISCAL IMPACT: This amendment is funded by 50% Federal Medi-Cal and 50% Employment and Human Services Department. (Rate increase) BACKGROUND: On July 23, 2019, the Board of Supervisors approved Novation Contract #74-586-1 with A Better Way, Inc., for the provision of mental health services to children and adolescents, and their families, who are dependents of Contra Costa County, referred by Child Family Services and placed out of County, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Contract Amendment Agreement #74-568-2 will allow the Contractor to continue to provide services, through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 Ph.D, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C.101 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Amendment #74-586-2 with A Better Way, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not receive the negotiated rate increase. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with Uplift Family Services, a non-profit corporation of California, in an amount not to exceed $560,000 to provide family preservation and support services to families referred from existing child welfare cases and/or the County Probation Department, for the period July 1, 2020 through June 30, 2021. FISCAL IMPACT: This contract will increase department expenditures by $560,000 to be funded with 30% County and 70% State Family Preservation and Support Program funds. BACKGROUND: The Employment and Human Services Department, Children and Family Services Bureau selected this contractor from the competitive bid process (Request for Proposals 1169). Contractor will provide family preservation and support services, including ongoing case management that engage and establish a positive rapport with families who have been referred from existing child welfare cases and/or County Probation Department and who are experiencing multiple stressors impacting their ability to parent effectively and consequently are at risk of having their children placed in out-of-home care. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C.102 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:March 10, 2020 Contra Costa County Subject:Contract with Uplift Family Services for Family Preservation and Support Services CONSEQUENCE OF NEGATIVE ACTION: Employment and Human Services will be unable to provide valuable services to families at risk of having children placed in out-of-home care. CHILDREN'S IMPACT STATEMENT: The services provided under this contract support all five of Contra Costa County’s community outcomes: (1) "Children Ready for and Succeeding in School"; (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (3)"Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5)"Communities that are Safe and Provide a High Quality of Life for Children and Families” by providing intensive family preservation support services for families at risk of having children placed in out-of-home care. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-151-1 with KP, LLC, in an amount not to exceed $4,000,000, to provide professional design, technical assistance, printing, publication and distribution of Contra Costa Health Plan (CCHP) Membership materials, for the period March 1, 2020 through February 28, 2022. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (Rate increase) BACKGROUND: In March 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #77-151 with KP, LLC for the provision of professional design, technical assistance, printing, publication and distribution of Contra Costa Health Plan (CCHP) Membership materials, for the period March 1, 2018 through February 29, 2020. Approval of Contract #77-151-1 will allow the Contractor to continue to provide specialized printing, publication, distribution, and technical services, including producing member identification cards, marketing brochures, and informational packets, through February 28, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C.103 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #77-151-1 with KP, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP would not be able to provide timely distribution of CCHP membership materials. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-614-14 with Sodexo America, LLC, a limited liability company, in an amount not to exceed $899,000, to provide management and oversight of the Environmental Services Unit at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period January 1, 2020 through December 31, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise I Fund. (Rate increase) BACKGROUND: On February 26, 2019, the Board of Supervisors approved Contract #26-614-13 with Sodexo America, LLC, for the provision of management and oversight of the Environmental Services Unit at CCRMC and Contra Costa Health Centers, for the period from January 1, 2019 through December 31, 2019. Approval of Contract #26-614-14 will allow Contractor to continue to provide management and oversight of the Environmental Services Unit through December 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C.104 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Contract #26-614-14 with Sodexo America, LLC CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC and Contra Costa Health Centers will not receive management and oversight of the Environmental Services Unit from this Contractor. ATTACHMENTS RECOMMENDATION(S): AWARD a design build contract to Hensel Phelps Construction Co., a Delaware General Partnership, in an amount not to exceed $16,300,000, for the design and construction of mental health treatment facilities and associated Americans with Disabilities Act (ADA) upgrades at Module M in the Martinez Detention Facility. APPROVE and AUTHORIZE the County Administrator, or designee, to execute the design build contract after the Public Works Director has received the required insurance and bonds from Hensel Phelps Construction Co., and subject to approval by the County Administrator and approval as to form by County Counsel. AUTHORIZE the County Administrator, or designee, to approve final plans, specifications, and design documents necessary to implement and construct the Martinez Detention Facility Module M Upgrades Project described in Project WH173D Request for Qualifications and the project bridging documents. FISCAL IMPACT: 100% General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Eric Angstadt 925.335.1080 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C.105 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Award Design Contract Hensel Phelps Construction Co. BACKGROUND: At its September 10, 2019 meeting, the Board of Supervisors authorized staff to issue a Request for Qualifications(RFQ)/Request for Proposals(RFP) for mental health treatment facilities and other upgrades to Module M in the Martinez Detention Facility. The RFQ/RFP was subsequently released with a response date of October 2, 2019. Only one design build team responded with a proposal on the project. Multiple meetings with the staff from the County Administrator’s Office, Sheriff’s Office and Health Services Department with the design build team, including multiple walk throughs of Module M were held to verify stakeholder needs and define the scope of the project. The not to exceed amount includes contingency amounts for potential work that can not be fully evaluated until demolition and/or destructive testing can be done as part of the construction. For instance, the water supply system may need replacement all the way back to the water main, but the full extent of replacement can’t be known until the pipes are exposed as part of the reconfiguration and repair of Module M. CONSEQUENCE OF NEGATIVE ACTION: Not approving the contract would delay the construction of needed mental health facilities and potentially increase the cost to construct them in the future. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with TriTech Software Systems in the amount of $118,825 for services to upgrade the crime reporting systems to comply with State and Federal mandated state-specific incident-based reporting data for the period March 10, 2020, through March 9, 2022 to include changes to the General Conditions. FISCAL IMPACT: No Net County Cost for the contract, 100% grant funding from the US Department of Justice, Office of Justice Programs Bureau of Justice Statistics Grant. BACKGROUND: The FBI’s Criminal Justice Information Services Division (CJIS) established and maintains the National Incident-Based Reporting System (NIBRS). To generate detailed national estimates of crime known to law enforcement, using NIBRS data, the Bureau of Justice Statistics (BJS) and the FBI are supporting the National Crime Statistics Exchange (NCS-X) Initiative. To support statistically sound national estimates of crime, the NCS-X program will support the transition APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Sandra Brown, 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C.106 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:TriTech Software Systems BACKGROUND: (CONT'D) to NIBRIs reporting of a scientifically selected sample of 400 LE agencies nationwide. The Office of the Sheriff’s current system is compliant with the NIBRS for direct reporting to the FBI; however, it does not comply with the State and Federal state-specific incident-based crime reporting model that is being implemented and mandated for compliance by the January 1, 2021 implementation date. The State of California Department of Justice has released the additional 196 data elements that are required for reporting to the state. This grant will provide funding for the programming costs required to add California specific reporting requirements. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors fails to approve, the Office of the Sheriff would not meet mandated State and Federal requirements. RECOMMENDATION(S): ACCEPT the 2019 Annual Housing Element Progress Report, in accordance with Government Code section 65400. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Housing Element is one of seven mandatory elements that every California jurisdiction must include in its General Plan. State law mandates that all local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The Association of Bay Area Governments (ABAG) allocates a share of the Bay Area regional housing need to all the cities and counties in the Bay Area. The County's Housing Element is part of the 5th Regional Housing Need Assessment (RHNA) Cycle that covers the eight year planning period from 2015 to 2023. During this period, the County is expected to plan for the provision of 1,367 units of housing in the unincorporated County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Christine Louie, (925) 674-7787 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.107 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Annual Housing Element Progress Report for Calendar Year 2019 BACKGROUND: (CONT'D) Pursuant to Government Code Section 65400, the County is required to submit an annual report to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research by April 1 of each year. Jurisdictions are also required to submit the annual report to their legislative bodies for review and comment. The County's full 2019 Annual Housing Element Progress Report is included as Attachment A. In 2019, the County issued 147 building permits for single-family dwellings, 63 building permits for accessory dwelling units, seven building permits for mobile homes, and one building permit for a duplex. Of these issued permits, one unit was determined to be a non-deed restricted low-income unit, four units are non-deed restricted moderate-income units, and the remaining 214 new units are considered above-moderate. Thirteen units received a demolition permit in 2019, for a net gain of 206 units. The affordability levels of the non-deed-restricted units is based on staff's research on comparative rental prices. The following is a summary of the County's progress in meeting its share of regional housing needs. Calendar year 2019 is the fifth year of the the eight-year Housing Element cycle. The County has issued building permits for 127% of its total allocated share of the region's housing needs. Through the first five years of the current housing cycle, the total number of units for which the County has issued building permits is 1,744 units, which includes 63 very-low income units, 183 low-income units, 129 moderate-income units, and 1,369 above-moderate income units. While the County has already exceeded gross housing production goals, production of new housing units available to households in the moderate-, low-, and very low-income categories is progressing. So far, the County has issued building permits to meet 17% of the very low-income category, 84% of the low income category and 53% of the moderate income housing units indicated in the County’s Housing Element and RHNA for Contra Costa County. The issuance of a building permit is what the State considers a "unit" for the purposes of this report. The County continues to implement 31 housing related programs, including programs designed to remove governmental constraints to maintaining, improving, and developing housing. A summary of the programs and recent accomplishments are included as Table D in the attached report. For the past two reporting years, the State has required all jurisdictions to provide a greater volume of information regarding new housing projects as part of the annual progress report. This information includes the additional reporting requirements of recently adopted housing legislation. CONSEQUENCE OF NEGATIVE ACTION: There is no consequence of a negative action. The County is required to provide the Annual Housing Element Progress Report to the Board of Supervisors in a public meeting to allow the public an opportunity to review and comment on the report. ATTACHMENTS Cover Sheet Table A Table A2 Table B Table C Table D Table E Table E Table F Table G Summary Jurisidiction NameReporting Calendar YearFirst NameLast NameTitleEmailPhoneStreet AddressCityZipcodev 12_23_19Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. 30 Muir RoadMartinez94553Please Start HereGeneral Information 2019Contra Costa County - UnincorporatedContact InformationChristineLouieSenior PlannerChristine.Louie@dcd.cccounty.us9256747787Mailing AddressAnnual Progress Report January 2020 JurisdictionContra Costa County - ANNUAL ELEMENT PROGRESS REPORTNote: "+" indicates an optional fieldReporting Year2019 (Jan. 1 - Dec. 31)Housing Element ImplementationDate Application SubmittedTotal Approved Units by ProjectTotal Disapproved Units by ProjectStreamlining Notes234678 9 10Prior APN+Current APN Street AddressProject Name+Local Jurisdiction Tracking ID+Unit Category(SFA,SFD,2 to 4,5+,ADU,MH)TenureR=RenterO=OwnerDate Application SubmittedVery Low-Income Deed RestrictedVery Low-Income Non Deed RestrictedLow-Income Deed RestrictedLow-Income Non Deed RestrictedModerate-Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeTotal PROPOSED Units by ProjectTotal APPROVED Units by projectTotal DISAPPROVED Units by Project (Auto-calculated Can Be Overwritten)Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Notes+Summary Row: Start Data Entry Below0000009 9 0 901843020032063 OLYMPIC BLVD WALNUT CREEK CA 94595‐1621CDMS19‐00003 SFD O 5/16/2019222No188012004340 MONTECILLO DR WALNUT CREEK CA94595‐2644CDDP19‐03005 SFD O 2/4/2019111No18431101261 PANORAMIC WAY WALNUT CREEK CA 94595‐1605CDSU19‐00070 ADU R10/17/2019111No19221001110 GRAND ROYALE CT ALAMO CA 94507‐2402CDSU19‐00087 ADU R12/18/2019111No3671500015244 ALHAMBRA VALLEY RD MARTINEZ CA 94553‐9739CDSU19‐00061 ADU R9/27/2019111No426162007957 MANOR RD EL SOBRANTE CA 94803‐1333CDSU19‐00066 ADU R10/9/2019111No4091320121544 6TH ST RICHMOND CA 94801‐2125CDSU19‐00074 ADU R10/31/2019111No1940700871877 GREEN VALLEY RD ALAMO CA 94507‐2722CDSU19‐00078 ADU R11/8/2019111NoHousing Development Applications SubmittedTable ACells in grey contain auto-calculation formulas(CCR Title 25 §6202)51Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units2356Prior APN+Current APN Street AddressProject Name+Local Jurisdiction Tracking ID+Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)TenureR=RenterO=OwnerVery Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeEntitlementDate Approved# of Units issued EntitlementsSummary Row: Start Data Entry Below0 0 0 0 0 0 236 236409080001; various 4090800281540 FRED JACKSON RICHMOND CA 94801-1535Heritage PointBIMR16-0129755+ R0098240058; 098240059982400643604-3628 Willow Pass Road, Bay Point, CABay Point Family ApartmentsBIG18-008151BIMR18-007656BIMR18-007657BIMR18-007658BIMR18-007659BIMR18-007660BIMR18-007661BIMR18-0076635+ R061900107911 CARNEAL RD LIVERMORE VALLEY CACDLP19‐02003SFD R13/8/20191100800072681 WALNUT BLVD BRENTWOOD CA 94513-4402CDSU19‐00001ADU R110/31/201911880500042229 TICE VALLEY BLVD 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94507-1324BIR18‐008890SFD O01882520272159 DANVILLE ALAMO CA 94507-2653BIR19‐000650SFD O0192071021145 S JACKSON ALAMO CA 94507-1506BIR19‐005879SFD O019215001360 MIRANDA ALAMO CA 94507-1697BIR19‐003896SFD O01920110061481 LIVORNA ALAMO CA 94507-1103BIR19‐008428SFD O0193492012330 LAKEVIEW ALAMO CA 94507-1624BIR19‐005881SFD O0196130005259 OAK ALAMO CA 94507-2742BIR19‐000360SFD O0196130005259 OAK ALAMO CA 94507-2742BIR19‐000361SFD O01982200551900 LAS TRAMPAS ALAMO CA 94507-1865BIR19‐004095SFD O0193111016162 EAST ALAMO CA 94507-1600BIR19‐002657SFD O01910800061588 ALAMO ALAMO CA 94507-1503BIR19‐009610SFD O03124002047 SEAWARD BETHEL ISLAND CA 94511BIR18‐011960SFD O03124001752 SEAWARD BETHEL ISLAND CA 94511BIR18‐011961SFD O03124001860 SEAWARD BETHEL ISLAND CA 94511BIR18‐011962SFD O03124001955 SEAWARD BETHEL ISLAND CA 94511BIR18‐011963SFD O0312400473113 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002204SFD O0312400483107 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002205SFD O0312400493101 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002206SFD O0312400503095 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002207SFD O0 312400513089 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002208SFD O0312400523083 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002209SFD O0312400533077 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002210SFD O0312400543071 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002211SFD O0312400553065 DELTA COVES BETHEL ISLAND CA 94511BIR19‐002212SFD O03123005567 EDGEWATER BETHEL ISLAND CA 94511BIR19‐007138SFD O0312500013047 DELTA COVES BETHEL ISLAND CA 94511BIR19‐011609SFD O0312400723053 DELTA COVES BETHEL ISLAND CA 94511BIR19‐011610SFD O0312400713059 DELTA COVES BETHEL ISLAND CA 94511BIR19‐011611SFD O0312500023041 DELTA COVES BETHEL ISLAND CA 94511BIR19‐011612SFD O03123004550 EDGEWATER BETHEL ISLAND CA 94511BIR19‐011596SFD O03123004658 EDGEWATER BETHEL ISLAND CA 94511BIR19‐011597SFD O03123004766 EDGEWATER BETHEL ISLAND CA 94511BIR19‐011598SFD O03123004874 EDGEWATER BETHEL ISLAND CA 94511BIR19‐011599SFD O03123004982 EDGEWATER BETHEL ISLAND CA 94511BIR19‐011600SFD O03123005090 EDGEWATER BETHEL ISLAND CA 94511BIR19‐002857SFD O03123005198 EDGEWATER BETHEL ISLAND CA 94511BIR19‐002858SFD O03123005291 EDGEWATER BETHEL ISLAND CA 94511BIR19‐002859SFD O03123005383 EDGEWATER BETHEL ISLAND CA 94511BIR19‐002860SFD O03123005475 EDGEWATER BETHEL ISLAND CA 94511BIR19‐002861SFD O03123005659 EDGEWATER BETHEL ISLAND CA 94511BIR19‐002862SFD O0 3124001644 SEAWARD BETHEL ISLAND CA 94511BIR19‐000196SFD O03124001536 SEAWARD BETHEL ISLAND CA 94511BIR19‐000197SFD O03124001428 SEAWARD BETHEL ISLAND CA 94511BIR19‐000198SFD O0100700501751 ORCHARD BRENTWOOD CA 94513BIR19‐000606SFD O011607000730 OLIVIA CONCORD CA 94521BIR19‐007036SFD O011607000740 OLIVIA CONCORD CA 94521BIR19‐007037SFD O011607000750 OLIVIA CONCORD CA 94521BIR19‐007038SFD O011607000720 OLIVIA CONCORD CA 94521BIR19‐007039SFD O011607000710 OLIVIA CONCORD CA 94521BIR19‐007040SFD O011607000770 OLIVIA CONCORD CA 94521BIR19‐007041SFD O011607000760 OLIVIA CONCORD CA 94521BIR19‐007042SFD O0354061020420 WINSLOW CROCKETT CA 94525BIR17‐007805SFD O03550830051975 VISTA DEL RIO CROCKETT CA 94525BIR18‐012515SFD O0206790026233 ROBERT DUCHI DANVILLE CA 94526BIR19‐000400SFD O02067600101298 CHARBRAY DANVILLE CA 94526BIR19‐000401SFD O02067800176206 MASSARA DANVILLE CA 94526BIR19‐003434SFD O02067900046166 MASSARA DANVILLE CA 94526BIR19‐003435SFD O0206800050400 VENDEEN DANVILLE CA 94526BIR19‐003432SFD O02067900096161 MASSARA DANVILLE CA 94526BIR19‐004748SFD O02067900086153 MASSARA DANVILLE CA 94526BIR19‐004749SFD O0206790028249 ROBERT DUCHI DANVILLE CA 94506-1197BIR19‐008037SFD O0 206790029257 ROBERT DUCHI DANVILLE CA 94506-1197BIR19‐008038SFD O02067800186198 MASSARA DANVILLE CA 94506-1193BIR19‐008039SFD O022055102541 DEER CREEK DANVILLE CA 94506-6054BIR19‐002666SFD O0206790015127 TURANIAN DANVILLE CA 94526BIR19‐009024SFD O02067800136238 MASSARA DANVILLE CA 94526BIR19‐011560SFD O02067800126246 MASSARA DANVILLE CA 94526BIR19‐011561SFD O02067800116265 MASSARA DANVILLE CA 94526BIR19‐011562SFD O02067800146230 MASSARA DANVILLE CA 94506-1195BIR19‐011563SFD O021521000399 OAKRIDGE DANVILLE CA 94506-3104BIR19‐006953SFD O081700184305 DRIFTWOOD DISCOVERY BAY CA 94505-9263BIR18‐010894SFD O0116900059030 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007219SFD O0116900069036 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007220SFD O0116900079042 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007221SFD O0116900089048 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007222SFD O0116900099054 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007223SFD O0116900149031 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007224SFD O0116900159037 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007225SFD O0116900169043 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007226SFD O0 116900179049 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐007227SFD O040710125110 DISCOVERY DISCOVERY BAY CA 94505-9524BIR19‐005702SFD O040730065135 DISCOVERY DISCOVERY BAY CA 94505-9461BIR19‐005673SFD O0116900019006 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012023SFD O0116900029012 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012024SFD O0116900039018 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012025SFD O0116900049024 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012026SFD O0116900109007 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012027SFD O0116900119013 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012028SFD O0116900129019 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012029SFD O0116900139025 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐012030SFD O0116900189065 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003144SFD O0116900199071 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003145SFD O0116900209077 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003146SFD O0116900219083 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003147SFD O0116900309084 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003148SFD O0 116900319078 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003149SFD O0116900329072 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003150SFD O0116900339066 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003151SFD O0116900349060 TRADEWINDS DISCOVERY BAY CA 94514BIR19‐003152SFD O0116500017068 HARBOR HAVEN DISCOVERY BAY CA 94505BIR19‐003617SFD O0116500197137 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003618SFD O0116500207143 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003619SFD O0116500217149 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003620SFD O0116500227157 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003621SFD O0116500237165 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003622SFD O0116500247173 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003623SFD O0116500257181 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐003624SFD O0116500127002 HARBOR HAVEN DISCOVERY BAY CA 94505BIR19‐005461SFD O0116500137101 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐005462SFD O0116500147107 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐005463SFD O0116500167119 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐005464SFD O0116500177125 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐005465SFD O0116500187131 LAKEHEAD DISCOVERY BAY CA 94505BIR19‐005466SFD O0116500077032 HARBOR HAVEN DISCOVERY BAY CA 94505BIR19‐010296SFD O0 116500067038 HARBOR HAVEN DISCOVERY BAY CA 94505BIR19‐010295SFD O081700382194 CYPRESS DISCOVERY BAY CA 94505BIR19‐000310SFD O04330200226200 HILLSIDE EL SOBRANTE CA 94803-3620BIR15‐012559SFD O057122100732 AVON KENSINGTON CA 94707-1302BIR19‐002459SFD O0201000182500 BARTELS KNIGHTSEN CA 94548BIR19‐007425SFD O0150100721621 SUNSET KNIGHTSEN CA 94548BIR18‐012950SFD O0166420016213 SECLUSION VALLEY LAFAYETTE CA 94549BIR18‐012854SFD O01662100163238 GLORIA LAFAYETTE CA 94549-2025BIR18‐007932SFD O0166420014221 SECLUSION VALLEY LAFAYETTE CA 94549BIR18‐004975SFD O0166420007228 SECLUSION VALLEY LAFAYETTE CA 94549BIR18‐010190SFD O0166420013225 SECLUSION VALLEY LAFAYETTE CA 94549BIR18‐010187SFD O0166420012229 SECLUSION VALLEY LAFAYETTE CA 94549BIR18‐010188SFD O036714001011 GATEWAY ESTATES MARTINEZ CA 94553-9739BIR18‐010097SFD O03752410031355 PLAZA MARTINEZ CA 94553-2015BIR18‐008687SFD O036510001566 QUAIL MARTINEZ CA 94553-9762BIR19‐003561SFD O03751920092472 BIRCH MARTINEZ CA 94553BIR19‐007613SFD O03671400164 CREEKSIDE OAKS MARTINEZ CA 94553BIR19‐002337SFD O0322020084973 SANDMOUND OAKLEY CA 94561-5054BIR18‐007344SFD O0 200100095790 SELLERS OAKLEY CA 94561-3609BIR18‐011674SFD O0154180020710 GOLF CLUB PLEASANT HILL CA 94523BIR18‐012786SFD O02230410217667 CAMINO TASSAJARA PLEASANTON CA 94588-9431BIR17‐009478SFD O0409182019200 SILVER AVENUE RICHMOND CA 94801BIR18‐009496SFD O04091710181642 4TH RICHMOND CA 94801-1614BIR18‐003316SFD O04160130283160 ROLLINGWOOD SAN PABLO CA 94806-3262BIR19‐009014SFD O04160220223036 AVON SAN PABLO CA 94806-3208BIR19‐004100SFD O018430203718 PARK WALNUT CREEK CA 94595-1610BIR18‐012064SFD O01841100961283 CLOVER WALNUT CREEK CA 94595-1409BIR18‐012307SFD O018536000910 GARDEN WALNUT CREEK CA 94595-1220BIR18‐006096SFD O018418002411 ALTA HILL WALNUT CREEK CA 94595-1458BIR18‐008633BID19‐004543SFD O01720620052740 CHERRY WALNUT CREEK CA 94597-2111BIR19‐007802SFD O02040400335500 OLD SCHOOL SAN RAMON CA 94583BIR18‐011723ADU R04310100194953 SAN PABLO DAM EL SOBRANTE CA 94803-3225BIR19‐001116ADU R0125292005322 3RD S PACHECO CA 94553BIR18‐001384ADU R0140170011129 BRODIA WALNUT CREEK CA 94598-4919BIR19‐006021ADU R04190620181645 BEAU RIVAGE SAN PABLO CA 94806-4116BIR18‐0064512 to 4 R01980810095 LA SERENA WAY ALAMO CABIR17‐013611ADU R0201070017910 CAMILLE LN ALAMO CABIR18‐006660ADU R019812001119 BARBEE LN ALAMO CABIR18‐010120ADU R0197090012912 DANVILLE BLVD ALAMO CABIR18‐001074ADU R0 19736001313 ROXBURY CT ALAMO CABIR18‐001679ADU R019206002626 JACKSON N WAY ALAMO CABIR17‐005942ADU R018823202396 CREST AVE ALAMO CABIR18‐002905ADU R095075022120 BELLA VISTA AVE BAY POINT CABIR16‐002509ADU R09805201258 NEPTUNE CT BAY POINT CABIR18‐004645ADU R020371000338 MAGNOLIA PL DANVILLE CABIR16‐006651ADU R01953400422611 CABALLO RANCHERO DR DIABLO CABIR16‐011280ADU R04262220134900 HILLTOP DR EL SOBRANTE CABIR17‐005856ADU R0425092001499 PEBBLE DR EL SOBRANTE CABIR18‐001398ADU R016922201830 HUSTON CT LAFAYETTE CABIR17‐000254ADU R01690320083110 TEIGLAND RD LAFAYETTE CABIR17‐000188ADU R0625000112400 MORGAN TERRITORY RD LIVERMORE VALLEY CABIR12‐007632ADU R0161280013136 MIDHILL RD MARTINEZ CABIR18‐009505ADU R0161280015190 MIDHILL RD MARTINEZ CABIR17‐013745ADU R0358293001808 MARINERS POINTE NULL RODEO CABIR18‐005326ADU R0357111022639 RODEO AVE RODEO CABIR18‐010082ADU R04031770102745 KEVIN RD SAN PABLO CABIR18‐009051ADU R02041600015500 BRUCE DR SAN RAMON CABIR16‐000918ADU R01853510141206 JUANITA DR WALNUT CREEK CABIR16‐006155ADU R01801000102066 SAN MIGUEL DR WALNUT CREEK CABIR18‐009458ADU R01832310072011 DORIS AVE WALNUT CREEK CABIR17‐013561ADU R0179251005555 LA VISTA RD WALNUT CREEK CABIR18‐000480ADU R01831410021346 HERMINE AVE WALNUT CREEK CABIR18‐001771ADU R0184192005151 CAMELIA LN WALNUT CREEK CABIR18‐007126ADU R018415005720 BOULEVARD CT WALNUT CREEK CABIR17‐004708ADU R0 1841200891321 DEWING LN WALNUT CREEK CABIR17‐000081ADU R01841500132224 WHYTE PARK AVE WALNUT CREEK CABIR18‐002326ADU R0188220027125 MEADOW CREST LN WALNUT CREEK CABIR18‐002396ADU R019303001915 CAMINO MONTE SOL NULL ALAMO CABIR14‐004211SFD O01936800142537 BILTMORE DR ALAMO CABIR15‐007905SFD O019221003031 GRAND ROYALE CT ALAMO CABIR16‐008669SFD O0196110048291 CROSS RD ALAMO CABIR16‐008973SFD O019301002420 LEGACY CT ALAMO CABIR16‐009388SFD O0196041010169 RIDGE RD ALAMO CABIR16‐010673SFD O018823204364 CREST AVE ALAMO CABIR16‐011591SFD O0193010036401 LEGACY DR ALAMO CABIR16‐012542SFD O01930100271020 SERAFIX RD ALAMO CABIR16‐012543SFD O018823204466 CREST AVE ALAMO CABIR17‐001608SFD O0196120009191 OAK RD ALAMO CABIR17‐003485SFD O0187240067100 SAMANTHA CT ALAMO CABIR17‐005304SFD O019206002626 JACKSON N WAY ALAMO CABIR17‐005941SFD O01910930213115 VIA LARGA NULL ALAMO CABIR17‐005952SFD O018823204262 CREST AVE ALAMO CABIR17‐007273SFD O0198100006532 HEMME AVE ALAMO CABIR17‐011258SFD O0193080002335 LAS QUEBRADAS NULL ALAMO CABIR17‐012131SFD O0196070010268 SMITH RD ALAMO CABIR18‐000962SFD O0196100012158 OAK RD ALAMO CABIR18‐002973SFD O019321000820 ALAMO GLEN TRL ALAMO CABIR18‐003821SFD O019321000875 ALAMO GLEN TRL ALAMO CABIR18‐007305SFD O098180021245 DRIFTWOOD DR BAY POINT CABIR15‐006094SFD O096044005123 FAIRVIEW AVE BAY POINT CABIR17‐006412SFD O0 9603201732 BROADWAY N AVE BAY POINT CABIR18‐002710SFD O0150900301450 EDEN PLAINS RD BRENTWOOD CABIR18‐006964SFD O010510097760 BYRON HWY BYRON CABIR16‐012570SFD O0719201316800 MARSH CREEK RD CLAYTON CABIR16‐011304SFD O0206770014932 CONNEMARA CT DANVILLE CABIR18‐002980SFD O02068200393074 GRITSTONE ST DANVILLE CABIR18‐003299SFD O02068200403070 GRITSTONE ST DANVILLE CABIR18‐003402SFD O02068200445045 KERRY HILL ST DANVILLE CABIR18‐003403SFD O02068200325026 KERRY HILL ST DANVILLE CABIR18‐005641SFD O02068200335030 KERRY HILL ST DANVILLE CABIR18‐005642SFD O02068200345034 KERRY HILL ST DANVILLE CABIR18‐005643SFD O02068200385050 KERRY HILL ST DANVILLE CABIR18‐005644SFD O02068200413066 GRITSTONE ST DANVILLE CABIR18‐005645SFD O02068200423062 GRITSTONE ST DANVILLE CABIR18‐005646SFD O02068200433058 GRITSTONE ST DANVILLE CABIR18‐005647SFD O02068200455041 KERRY HILL ST DANVILLE CABIR18‐005648SFD O02067800166214 MASSARA ST DANVILLE CABIR18‐006734SFD O02067900016190 MASSARA ST DANVILLE CABIR18‐006735SFD O02067900026182 MASSARA ST DANVILLE CABIR18‐006736SFD O02067900036174 MASSARA ST DANVILLE CABIR18‐006737SFD O02067900056158 MASSARA ST DANVILLE CABIR18‐006738SFD O02068000013000 GRITSTONE ST DANVILLE CABIR18‐008825SFD O02068000023004 GRITSTONE ST DANVILLE CABIR18‐008826SFD O02068000463005 GRITSTONE ST DANVILLE CABIR18‐008827SFD O02068000473001 GRITSTONE ST DANVILLE CABIR18‐008828SFD O02068000484990 ENDERBY ST DANVILLE CABIR18‐008829SFD O02068000494984 ENDERBY ST DANVILLE CABIR18‐008830SFD O0206800054424 VENDEEN CT DANVILLE CABIR18‐008831SFD O0206800055430 VENDEEN CT DANVILLE CABIR18‐008832SFD O02067600061266 CHARBRAY ST DANVILLE CABIR18‐011948SFD O0 2067700071354 CHARBRAY ST DANVILLE CABIR18‐011949SFD O02067600181281 CHARBRAY ST DANVILLE CABIR18‐011950SFD O0206770022901 CONNEMARA CT DANVILLE CABIR18‐011951SFD O02067900076142 MASSARA ST DANVILLE CABIR18‐011952SFD O0206800050400 VENDEEN CT DANVILLE CABIR19‐003432SFD O01953400422611 CABALLO RANCHERO DR DIABLO CABIR16‐006755SFD O01951700161717 CALLE ARROYO NULL DIABLO CABIR17‐005315SFD O01953000112220 ALAMEDA DIABLO NULL DIABLO CABIR18‐009780SFD O084700013961 LIGHTHOUSE PL DISCOVERY BAY CABIR18‐003669SFD O011680004263 TIDEWATER WAY DISCOVERY BAY CABIR18‐005420SFD O0116900379150 CALYPSO CT DISCOVERY BAY CABIR18‐006614SFD O0116900389144 CALYPSO CT DISCOVERY BAY CABIR18‐006615SFD O0116900399138 CALYPSO CT DISCOVERY BAY CABIR18‐006616SFD O0116900409132 CALYPSO CT DISCOVERY BAY CABIR18‐006617SFD O0116900229089 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007246SFD O0116900239095 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007247SFD O0116900249101 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007248SFD O0116900259107 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007249SFD O0116900269108 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007250SFD O0116900279102 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007251SFD O0 116900289096 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007252SFD O0116900299090 TRADEWINDS CIR DISCOVERY BAY CABIR18‐007253SFD O0116900479133 CALYPSO CT DISCOVERY BAY CABIR18‐007254SFD O0116900419126 CALYPSO CT DISCOVERY BAY CABIR18‐008277SFD O0116900429120 CALYPSO CT DISCOVERY BAY CABIR18‐008278SFD O0116900439114 CALYPSO CT DISCOVERY BAY CABIR18‐008279SFD O0116900449115 CALYPSO CT DISCOVERY BAY CABIR18‐008280SFD O0116900469127 CALYPSO CT DISCOVERY BAY CABIR18‐008282SFD O0116500157113 LAKEHEAD WAY DISCOVERY BAY CABIR19‐005460SFD O0425310001446 COLINA WAY EL SOBRANTE CABIR16‐009934SFD O0425310013416 COLINA WAY EL SOBRANTE CABIR17‐002326SFD O0425310014420 COLINA WAY EL SOBRANTE CABIR17‐002327SFD O0425310001439 COLINA WAY EL SOBRANTE CABIR17‐004913SFD O0425310002435 COLINA WAY EL SOBRANTE CABIR17‐004914SFD O0425310017442 COLINA WAY EL SOBRANTE CABIR17‐004916SFD O0425310019450 COLINA WAY EL SOBRANTE CABIR17‐004918SFD O042606005416 GORDON CT EL SOBRANTE CABIR17‐008740SFD O0425310020454 COLINA WAY EL SOBRANTE CABIR17‐009875SFD O0425310021458 COLINA WAY EL SOBRANTE CABIR17‐009876SFD O0425310031463 COLINA WAY EL SOBRANTE CABIR17‐009879SFD O0425310032459 COLINA WAY EL SOBRANTE CABIR17‐009880SFD O057202300337 KERR AVE KENSINGTON CABIR16‐000983SFD O02019007289 PASTOR LN KNIGHTSEN CABIR17‐005282SFD O0166420001204 SECLUSION VALLEY WAY LAFAYETTE CABIR17‐008541SFD O0166420018205 SECLUSION VALLEY WAY LAFAYETTE CABIR17‐011014SFD O0 166420019201 SECLUSION VALLEY WAY LAFAYETTE CABIR17‐011015SFD O0166420004216 SECLUSION VALLEY WAY LAFAYETTE CABIR17‐011975SFD O0166420003212 SECLUSION VALLEY WAY LAFAYETTE CABIR17‐011977SFD O0166420005220 SECLUSION VALLEY WAY LAFAYETTE CABIR18‐004971SFD O0166420006224 SECLUSION VALLEY WAY LAFAYETTE CABIR18‐004973SFD O0166420015217 SECLUSION VALLEY WAY LAFAYETTE CABIR18‐004977SFD O036610200310 BRANDYWINE WAY MARTINEZ CABIR18‐006235SFD O036714001019 GATEWAY ESTATES LN MARTINEZ CABIR18‐007733SFD O02041800025600 BRUCE DR PLEASANTON CABIR16‐012848SFD O04090110111243 BATTERY ST RICHMOND CABIR17‐005269SFD O04092200401835 2ND ST RICHMOND CABIR17‐012265SFD O040904201135 ALAMO AVE RICHMOND CABIR18‐003696SFD O0182130017761 HAZELWOOD DR WALNUT CREEK CABIR16‐012060SFD O014021001821 RANI CT WALNUT CREEK CABIR17‐005651SFD O018010001424 ADELINE DR WALNUT CREEK CABIR18‐001937SFD O018430203816 PARK AVE WALNUT CREEK CABIR18‐001969SFD O0140220008302 LA CASA VIA NULL WALNUT CREEK CABIR18‐003647SFD O0140220008300 LA CASA VIA NULL WALNUT CREEK CABIR18‐003648SFD O0206770022901 CONNEMARA CT DANVILLE CABIR18‐007247ADU R0357140037507 Parker Ave Rodeo CACDMS16-00009 SFD O4 3/4/20194193111016162 East Ln Alamo CACDMS18-00007 SFD O2 4/15/201921952600041954 Alameda Diablo Diablo CACDMS18-00006 SFD O2 5/6/20192571311001401 Colusa Ave Kensington CACDDP18-03027 SFD R1 5/6/20191930810282867 Willow Pass Rd Bay Point CACDLP18-02003 5+ R12 8/5/20191296020081255 N Bella Monte Ave Bay Point CABella Monte CDSD17-09467 SFD O7 10/21/20197 125120017214 Center Ave Pacheco CACDSD17-09466 SFD O8 5/7/2019898210001589 Pacifica Ave Bay Point CAPacifica Landing CDSD13-09340 SFD O29 7/9/201929198170006300 Camille Ave Alamo CABall Estates CDSD13-09338 SFD O35 8/14/201935426030070Balmore Ct El Sobrante CABalmore Court CDSD17-09478 SFD O33 8/28/201933403202011San Pablo Ave San Pablo CATara Hills CDSD18-09491 SFD O33 9/11/2019331170400865175 Laurel Dr Concord CALaurel Place IV CDSD18-09495 SFD O8 9/11/2019800000000000000000000000000000000000000000000000000 Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units89Current APN Street AddressProject Name+Very Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeBuilding Permits Date Issued# of Units Issued Building Permits 0 0 0 1 0 4 214 2194090800281540 FRED JACKSON RICHMOND CA 94801-1535Heritage Point0982400643604-3628 Willow Pass Road, Bay Point, CABay Point Family Apartments061900107911 CARNEAL RD LIVERMORE VALLEY CA0100800072681 WALNUT BLVD BRENTWOOD CA 94513-440201880500042229 TICE VALLEY BLVD WALNUT CREEK CA 94595-261501982900321632 VIA ROMERO ALAMO CA 94507-15320426122009947 KELVIN CT EL SOBRANTE CA 94803-132905210120116249 HIGHLAND AVE RICHMOND CA 94805-163501980710051311 DANVILLE BLVD ALAMO CA 94507-191501952700471970 LA CADENA DIABLO CA 9452807Project Identifier Affordability by Household Incomes - Building Permits 2038600012467 DIABLO RANCH PL DANVILLE CA 94506-206904200310053557 MIFLIN AVE EL SOBRANTE CA 94803-271105212100021779 TULARE AVE RICHMOND CA 94805-1522019903006518311 BOLLINGER CANYON RD SAN RAMON CA 94583-15070403341005104 BANION CT SAN PABLO CA 94806-162904260400521151 KELVIN RD EL SOBRANTE CA 94803-101201720620052740 CHERRY LN WALNUT CREEK CA 94597-211101832010072060 BLACKWOOD DR WALNUT CREEK CA 94596-570901831520092032 GRANT AVE WALNUT CREEK CA 94596-590704250500044077 LAMBERT RD EL SOBRANTE CA 94803-174303752210211320 VEALE AVE MARTINEZ CA 94553-20640151100210 EAGLE LN KNIGHTSEN CA 9454801910300151530 RAMONA WAY ALAMO CA 94507-103001831310271376 ELIZABETH CT WALNUT CREEK CA 94596-590501921920082711 MIRANDA AVE ALAMO CA 94507-14250 4350420064300 JANA VISTA EL SOBRANTE CA 94803-30180140170011129 BRODIA WAY WALNUT CREEK CA 94598-49190409172019345 GROVE AVE RICHMOND CA 94801-157601953000102224 ALAMEDA DIABLO DIABLO CA 94528019738005420 VALLEY OAKS CT ALAMO CA 94507-20000198230013271 LARK LN ALAMO CA 94507-18170185270004845 JUANITA DR WALNUT CREEK CA 94595-135404191020061710 BEAU RIVAGE SAN PABLO CA 94806-41190380080018780 CENTRAL AVE MARTINEZ CA 94553-1420021521000399 OAKRIDGE CT DANVILLE CA 94506-310404160130283160 ROLLINGWOOD DR SAN PABLO CA 94806-32620138110008760 NORTH GATE RD WALNUT CREEK CA 94598-762301844500352460 WARREN RD WALNUT CREEK CA 94595-124904250400284020 LAMBERT RD EL SOBRANTE CA 94803-17100193650027138 VIRGINIA CT ALAMO CA 94507-28800 1982200551900 LAS TRAMPAS RD ALAMO CA 94507-185609603302874 SOLANO AVE BAY POINT CA 94565-161801920200051409 CASA VALLECITA ALAMO CA 94507-111004330200556219 SAN PABLO DAM RD EL SOBRANTE CA 94803-362903541660031513 LILLIAN ST CROCKETT CA 94525-135801920110471415 LIVORNA RD ALAMO CA 94507-11030201300012471 TULE LN KNIGHTSEN CA 9454801970600211016 ADRIENNE DR ALAMO CA 94507-240501831520082073 HERMINE AVE WALNUT CREEK CA 94596-59080206790015127 TURANIAN CT DANVILLE CA 9452604190520121706 BAYO VISTA AVE SAN PABLO CA 94806-4113043040101128 GREENBRAE CT EL SOBRANTE CA 94803-14120192170054208 ERSELIA TRL ALAMO CA 94507-1314019104001724 WOOD CT ALAMO CA 94507-1060018007003511 EL CAMINO TER WALNUT CREEK CA 94596-54510 150400513140 SELLERS AVE BRENTWOOD CA 94513-301601111002525987 MARSH CREEK RD BYRON CA 94513-431504310400074441 SAN PABLO DAM RD EL SOBRANTE CA 94803-30390187232012233 LIVORNA HEIGHTS RD ALAMO CA 94507-1324018431101261 PANORAMIC WAY WALNUT CREEK CA 94595-1605042130151205 BEACH CT DISCOVERY BAY CA 94505-943407806002110050 MARSH CREEK RD CLAYTON CA 94517-9742017210003323 LOMMEL CT WALNUT CREEK CA 94597-2130019221001110 GRAND ROYALE CT ALAMO CA 94507-24020201800702350 EDEN PLAINS KNIGHTSEN CA 9454812/4/201911517003341 LEARNING BRENTWOOD CA 9451316/21/201911517003121 LEARNING BRENTWOOD CA 9451317/30/20191151500078031 BALFOUR BRENTWOOD CA 94513-381818/9/201913753010242913 MERLE MARTINEZ CA 94553112/5/20191 221001216171 BYRON BYRON CA 94514112/10/2019151040070415 FLEMING ANTIOCH CA 94509-853516/10/20191198230013271 LARK ALAMO CA 94507-181716/27/2019119736001510 ROXBURY ALAMO CA 94507-224017/11/201911982000011630 LAS TRAMPAS ALAMO CA 94507-182413/6/20191355100010288 KENDALL CROCKETT CA 94525-101513/1/201914251900054306 SANTA RITA EL SOBRANTE CA 94803-230919/17/2019143040101128 GREENBRAE EL SOBRANTE CA 94803-1412112/23/20191571170010633 COVENTRY KENSINGTON CA 9470713/25/2019157115000883 EDGECROFT KENSINGTON CA 94707-141214/10/201915212100021779 TULARE RICHMOND CA 94805-152213/13/201914190520121706 BAYO VISTA SAN PABLO CA 94806-4113111/21/2019118016003330 MC CONNELL WALNUT CREEK CA 94596-583215/16/201911832010072060 BLACKWOOD WALNUT CREEK CA 94596-570918/13/2019118431202926 PANORAMIC WALNUT CREEK CA 94595-1606111/18/2019118536000910 GARDEN WALNUT CREEK CA 94595-122013/6/201911880500042229 TICE VALLEY WALNUT CREEK CA 94595-2615112/6/20191 380132021400 RODRIGUES MARTINEZ CA 94553-143811/7/20191198270015121 DANIEL ALAMO CA 94507-241713/13/201911982900321632 VIA ROMERO ALAMO CA 94507-153215/14/201911982000081671 LAS TRAMPAS ALAMO CA 94507-182516/27/201911882520272159 DANVILLE ALAMO CA 94507-265317/17/201911910300151530 RAMONA ALAMO CA 94507-103019/10/201911982200551900 LAS TRAMPAS ALAMO CA 9450719/13/201911970600211016 ADRIENNE ALAMO CA 94507-2405111/6/20191197190034191 ALAMO RANCH ALAMO CA 94507-203111/8/201911980710051313 DANVILLE ALAMO CA 94507-191515/15/201911882320352029 DANVILLE ALAMO CA 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TRADEWINDS DISCOVERY BAY CA 9451418/9/20191116900099054 TRADEWINDS DISCOVERY BAY CA 9451418/9/20191116900149031 TRADEWINDS DISCOVERY BAY CA 9451418/9/20191116900159037 TRADEWINDS DISCOVERY BAY CA 9451418/9/20191116900169043 TRADEWINDS DISCOVERY BAY CA 9451418/9/20191116900179049 TRADEWINDS DISCOVERY BAY CA 9451418/9/2019140710125110 DISCOVERY DISCOVERY BAY CA 94505-9524110/8/2019140730065135 DISCOVERY DISCOVERY BAY CA 94505-9461110/9/20191116900019006 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191 116900029012 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900039018 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900049024 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900109007 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900119013 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900129019 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900139025 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900189065 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900199071 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900209077 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900219083 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900309084 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191 116900319078 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900329072 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900339066 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116900349060 TRADEWINDS DISCOVERY BAY CA 9451414/18/20191116500017068 HARBOR HAVEN DISCOVERY BAY CA 9450514/25/20191116500197137 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500207143 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500217149 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500227157 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500237165 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500247173 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500257181 LAKEHEAD DISCOVERY BAY CA 9450514/25/20191116500127002 HARBOR HAVEN DISCOVERY BAY CA 9450516/24/20191116500137101 LAKEHEAD DISCOVERY BAY CA 9450516/24/20191116500147107 LAKEHEAD DISCOVERY BAY CA 9450516/24/20191 116500167119 LAKEHEAD DISCOVERY BAY CA 9450516/24/20191116500177125 LAKEHEAD DISCOVERY BAY CA 9450516/24/20191116500187131 LAKEHEAD DISCOVERY BAY CA 9450516/24/20191116500077032 HARBOR HAVEN DISCOVERY BAY CA 94505110/16/20191116500067038 HARBOR HAVEN DISCOVERY BAY CA 94505110/16/2019181700382194 CYPRESS DISCOVERY BAY CA 9450515/7/201914330200226200 HILLSIDE EL SOBRANTE CA 94803-362013/22/2019157122100732 AVON KENSINGTON CA 94707-130216/27/20191201000182500 BARTELS KNIGHTSEN CA 94548110/21/20191150100721621 SUNSET KNIGHTSEN CA 9454813/14/20191166420016213 SECLUSION VALLEY LAFAYETTE CA 9454914/12/201911662100163238 GLORIA LAFAYETTE CA 94549-202514/15/20191166420014221 SECLUSION VALLEY LAFAYETTE CA 9454912/15/20191166420007228 SECLUSION VALLEY LAFAYETTE CA 9454914/9/20191166420013225 SECLUSION VALLEY LAFAYETTE CA 9454914/25/20191 166420012229 SECLUSION VALLEY LAFAYETTE CA 9454914/25/2019136714001011 GATEWAY ESTATES MARTINEZ CA 94553-973913/28/201913752410031355 PLAZA MARTINEZ CA 94553-201518/6/2019136510001566 QUAIL MARTINEZ CA 94553-976218/6/201913751920092472 BIRCH MARTINEZ CA 94553110/21/201913671400164 CREEKSIDE OAKS MARTINEZ CA 9455317/30/20191322020084973 SANDMOUND OAKLEY CA 94561-505413/14/20191200100095790 SELLERS OAKLEY CA 94561-360914/10/20191154180020710 GOLF CLUB PLEASANT HILL CA 9452313/26/201912230410217667 CAMINO TASSAJARA PLEASANTON CA 94588-943114/25/20191409182019200 SILVER AVENUE RICHMOND CA 9480111/30/201914091710181642 4TH RICHMOND CA 94801-161416/19/201914160130283160 ROLLINGWOOD SAN PABLO CA 94806-3262111/8/201914160220223036 AVON SAN PABLO CA 94806-3208111/12/2019118430203718 PARK WALNUT CREEK CA 94595-161013/25/20191 1841100961283 CLOVER WALNUT CREEK CA 94595-140913/20/2019118536000910 GARDEN WALNUT CREEK CA 94595-122011/15/2019118418002411 ALTA HILL WALNUT CREEK CA 94595-145815/28/201911720620052740 CHERRY WALNUT CREEK CA 94597-2111112/17/201912040400335500 OLD SCHOOL SAN RAMON CA 9458312/19/201914310100194953 SAN PABLO DAM EL SOBRANTE CA 94803-322513/11/20191125292005322 3RD S PACHECO CA 9455315/9/20191140170011129 BRODIA WALNUT CREEK CA 94598-491918/7/201914190620181645 BEAU RIVAGE SAN PABLO CA 94806-411625/17/201921980810095 LA SERENA WAY ALAMO CA0201070017910 CAMILLE LN ALAMO CA019812001119 BARBEE LN ALAMO CA0197090012912 DANVILLE BLVD ALAMO CA019736001313 ROXBURY CT ALAMO CA019206002626 JACKSON N WAY ALAMO CA018823202396 CREST AVE ALAMO CA095075022120 BELLA VISTA AVE BAY POINT CA09805201258 NEPTUNE CT BAY POINT CA020371000338 MAGNOLIA PL DANVILLE CA0 1953400422611 CABALLO RANCHERO DR DIABLO CA04262220134900 HILLTOP DR EL SOBRANTE CA0425092001499 PEBBLE DR EL SOBRANTE CA016922201830 HUSTON CT LAFAYETTE CA01690320083110 TEIGLAND RD LAFAYETTE CA0625000112400 MORGAN TERRITORY RD LIVERMORE VALLEY CA0161280013136 MIDHILL RD MARTINEZ CA0161280015190 MIDHILL RD MARTINEZ CA0358293001808 MARINERS POINTE NULL RODEO CA0357111022639 RODEO AVE RODEO CA04031770102745 KEVIN RD SAN PABLO CA02041600015500 BRUCE DR SAN RAMON CA01853510141206 JUANITA DR WALNUT CREEK CA01801000102066 SAN MIGUEL DR WALNUT CREEK CA01832310072011 DORIS AVE WALNUT CREEK CA0179251005555 LA VISTA RD WALNUT CREEK CA01831410021346 HERMINE AVE WALNUT CREEK CA0184192005151 CAMELIA LN WALNUT CREEK CA018415005720 BOULEVARD CT WALNUT CREEK CA0 1841200891321 DEWING LN WALNUT CREEK CA01841500132224 WHYTE PARK AVE WALNUT CREEK CA0188220027125 MEADOW CREST LN WALNUT CREEK CA019303001915 CAMINO MONTE SOL NULL ALAMO CA01936800142537 BILTMORE DR ALAMO CA019221003031 GRAND ROYALE CT ALAMO CA0196110048291 CROSS RD ALAMO CA019301002420 LEGACY CT ALAMO CA0196041010169 RIDGE RD ALAMO CA018823204364 CREST AVE ALAMO CA0193010036401 LEGACY DR ALAMO CA01930100271020 SERAFIX RD ALAMO CA018823204466 CREST AVE ALAMO CA0196120009191 OAK RD ALAMO CA0187240067100 SAMANTHA CT ALAMO CA019206002626 JACKSON N WAY ALAMO CA01910930213115 VIA LARGA NULL ALAMO CA018823204262 CREST AVE ALAMO CA0198100006532 HEMME AVE ALAMO CA0193080002335 LAS QUEBRADAS NULL ALAMO CA0196070010268 SMITH RD ALAMO CA0 196100012158 OAK RD ALAMO CA019321000820 ALAMO GLEN TRL ALAMO CA019321000875 ALAMO GLEN TRL ALAMO CA098180021245 DRIFTWOOD DR BAY POINT CA096044005123 FAIRVIEW AVE BAY POINT CA09603201732 BROADWAY N AVE BAY POINT CA0150900301450 EDEN PLAINS RD BRENTWOOD CA010510097760 BYRON HWY BYRON CA0719201316800 MARSH CREEK RD CLAYTON CA0206770014932 CONNEMARA CT DANVILLE CA02068200393074 GRITSTONE ST DANVILLE CA02068200403070 GRITSTONE ST DANVILLE CA02068200445045 KERRY HILL ST DANVILLE CA02068200325026 KERRY HILL ST DANVILLE CA02068200335030 KERRY HILL ST DANVILLE CA02068200345034 KERRY HILL ST DANVILLE CA02068200385050 KERRY HILL ST DANVILLE CA02068200413066 GRITSTONE ST DANVILLE CA02068200423062 GRITSTONE ST DANVILLE CA02068200433058 GRITSTONE ST DANVILLE CA02068200455041 KERRY HILL ST DANVILLE CA02067800166214 MASSARA ST DANVILLE CA02067900016190 MASSARA ST DANVILLE CA0 2067900026182 MASSARA ST DANVILLE CA02067900036174 MASSARA ST DANVILLE CA02067900056158 MASSARA ST DANVILLE CA02068000013000 GRITSTONE ST DANVILLE CA02068000023004 GRITSTONE ST DANVILLE CA02068000463005 GRITSTONE ST DANVILLE CA02068000473001 GRITSTONE ST DANVILLE CA02068000484990 ENDERBY ST DANVILLE CA02068000494984 ENDERBY ST DANVILLE CA0206800054424 VENDEEN CT DANVILLE CA0206800055430 VENDEEN CT DANVILLE CA02067600061266 CHARBRAY ST DANVILLE CA02067700071354 CHARBRAY ST DANVILLE CA02067600181281 CHARBRAY ST DANVILLE CA0206770022901 CONNEMARA CT DANVILLE CA02067900076142 MASSARA ST DANVILLE CA0206800050400 VENDEEN CT DANVILLE CA01953400422611 CABALLO RANCHERO DR DIABLO CA01951700161717 CALLE ARROYO NULL DIABLO CA01953000112220 ALAMEDA DIABLO NULL DIABLO CA084700013961 LIGHTHOUSE PL DISCOVERY BAY CA011680004263 TIDEWATER WAY DISCOVERY BAY CA0 116900379150 CALYPSO CT DISCOVERY BAY CA0116900389144 CALYPSO CT DISCOVERY BAY CA0116900399138 CALYPSO CT DISCOVERY BAY CA0116900409132 CALYPSO CT DISCOVERY BAY CA0116900229089 TRADEWINDS CIR DISCOVERY BAY CA0116900239095 TRADEWINDS CIR DISCOVERY BAY CA0116900249101 TRADEWINDS CIR DISCOVERY BAY CA0116900259107 TRADEWINDS CIR DISCOVERY BAY CA0116900269108 TRADEWINDS CIR DISCOVERY BAY CA0116900279102 TRADEWINDS CIR DISCOVERY BAY CA0116900289096 TRADEWINDS CIR DISCOVERY BAY CA0116900299090 TRADEWINDS CIR DISCOVERY BAY CA0116900479133 CALYPSO CT DISCOVERY BAY CA0116900419126 CALYPSO CT DISCOVERY BAY CA0 116900429120 CALYPSO CT DISCOVERY BAY CA0116900439114 CALYPSO CT DISCOVERY BAY CA0116900449115 CALYPSO CT DISCOVERY BAY CA0116900469127 CALYPSO CT DISCOVERY BAY CA0116500157113 LAKEHEAD WAY DISCOVERY BAY CA1 6/24/2019 1425310001446 COLINA WAY EL SOBRANTE CA0425310013416 COLINA WAY EL SOBRANTE CA0425310014420 COLINA WAY EL SOBRANTE CA0425310001439 COLINA WAY EL SOBRANTE CA0425310002435 COLINA WAY EL SOBRANTE CA0425310017442 COLINA WAY EL SOBRANTE CA0425310019450 COLINA WAY EL SOBRANTE CA042606005416 GORDON CT EL SOBRANTE CA0425310020454 COLINA WAY EL SOBRANTE CA0425310021458 COLINA WAY EL SOBRANTE CA0425310031463 COLINA WAY EL SOBRANTE CA0425310032459 COLINA WAY EL SOBRANTE CA057202300337 KERR AVE KENSINGTON CA02019007289 PASTOR LN KNIGHTSEN CA0166420001204 SECLUSION VALLEY WAY LAFAYETTE CA0166420018205 SECLUSION VALLEY WAY LAFAYETTE CA0 166420019201 SECLUSION VALLEY WAY LAFAYETTE CA0166420004216 SECLUSION VALLEY WAY LAFAYETTE CA0166420003212 SECLUSION VALLEY WAY LAFAYETTE CA0166420005220 SECLUSION VALLEY WAY LAFAYETTE CA0166420006224 SECLUSION VALLEY WAY LAFAYETTE CA0166420015217 SECLUSION VALLEY WAY LAFAYETTE CA036610200310 BRANDYWINE WAY MARTINEZ CA036714001019 GATEWAY ESTATES LN MARTINEZ CA02041800025600 BRUCE DR PLEASANTON CA04090110111243 BATTERY ST RICHMOND CA04092200401835 2ND ST RICHMOND CA040904201135 ALAMO AVE RICHMOND CA0182130017761 HAZELWOOD DR WALNUT CREEK CA014021001821 RANI CT WALNUT CREEK CA018010001424 ADELINE DR WALNUT CREEK CA018430203816 PARK AVE WALNUT CREEK CA0140220008302 LA CASA VIA NULL WALNUT CREEK CA0140220008300 LA CASA VIA NULL WALNUT CREEK CA0 206770022901 CONNEMARA CT DANVILLE CA0357140037507 Parker Ave Rodeo CA0193111016162 East Ln Alamo CA01952600041954 Alameda Diablo Diablo CA0571311001401 Colusa Ave Kensington CA0930810282867 Willow Pass Rd Bay Point CA096020081255 N Bella Monte Ave Bay Point CABella Monte0125120017214 Center Ave Pacheco CA098210001589 Pacifica Ave Bay Point CAPacifica Landing0198170006300 Camille Ave Alamo CABall Estates0426030070Balmore Ct El Sobrante CABalmore Court0403202011San Pablo Ave San Pablo CATara Hills01170400865175 Laurel Dr Concord CALaurel Place IV0000000000000000000000000 Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units11 12Current APN Street AddressProject Name+Very Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeCertificates of Occupancy or other forms of readiness (see instructions) Date Issued# of Units issued Certificates of Occupancy or other forms of readiness42 0000 0196 2384090800281540 FRED JACKSON RICHMOND CA 94801-1535Heritage Point 4211/18/201942982400643604-3628 Willow Pass Road, Bay Point, CABay Point Family Apartments061900107911 CARNEAL RD LIVERMORE VALLEY CA0100800072681 WALNUT BLVD BRENTWOOD CA 94513-440201880500042229 TICE VALLEY BLVD WALNUT CREEK CA 94595-261501982900321632 VIA ROMERO ALAMO CA 94507-15320426122009947 KELVIN CT EL SOBRANTE CA 94803-132905210120116249 HIGHLAND AVE RICHMOND CA 94805-163501980710051311 DANVILLE BLVD ALAMO CA 94507-191501952700471970 LA CADENA DIABLO CA 945280Affordability by Household Incomes - Certificates of Occupancy10Project Identifier 2038600012467 DIABLO RANCH PL DANVILLE CA 94506-206904200310053557 MIFLIN AVE EL SOBRANTE CA 94803-271105212100021779 TULARE AVE RICHMOND CA 94805-1522019903006518311 BOLLINGER CANYON RD SAN RAMON CA 94583-15070403341005104 BANION CT SAN PABLO CA 94806-162904260400521151 KELVIN RD EL SOBRANTE CA 94803-101201720620052740 CHERRY LN WALNUT CREEK CA 94597-211101832010072060 BLACKWOOD DR WALNUT CREEK CA 94596-570901831520092032 GRANT AVE WALNUT CREEK CA 94596-590704250500044077 LAMBERT RD EL SOBRANTE CA 94803-174303752210211320 VEALE AVE MARTINEZ CA 94553-20640151100210 EAGLE LN KNIGHTSEN CA 9454801910300151530 RAMONA WAY ALAMO CA 94507-103001831310271376 ELIZABETH CT WALNUT CREEK CA 94596-590501921920082711 MIRANDA AVE ALAMO CA 94507-14250 4350420064300 JANA VISTA EL SOBRANTE CA 94803-30180140170011129 BRODIA WAY WALNUT CREEK CA 94598-49190409172019345 GROVE AVE RICHMOND CA 94801-157601953000102224 ALAMEDA DIABLO DIABLO CA 94528019738005420 VALLEY OAKS CT ALAMO CA 94507-20000198230013271 LARK LN ALAMO CA 94507-18170185270004845 JUANITA DR WALNUT CREEK CA 94595-135404191020061710 BEAU RIVAGE SAN PABLO CA 94806-41190380080018780 CENTRAL AVE MARTINEZ CA 94553-1420021521000399 OAKRIDGE CT DANVILLE CA 94506-310404160130283160 ROLLINGWOOD DR SAN PABLO CA 94806-32620138110008760 NORTH GATE RD WALNUT CREEK CA 94598-762301844500352460 WARREN RD WALNUT CREEK CA 94595-124904250400284020 LAMBERT RD EL SOBRANTE CA 94803-17100193650027138 VIRGINIA CT ALAMO CA 94507-28800 1982200551900 LAS TRAMPAS RD ALAMO CA 94507-185609603302874 SOLANO AVE BAY POINT CA 94565-161801920200051409 CASA VALLECITA ALAMO CA 94507-111004330200556219 SAN PABLO DAM RD EL SOBRANTE CA 94803-362903541660031513 LILLIAN ST CROCKETT CA 94525-135801920110471415 LIVORNA RD ALAMO CA 94507-11030201300012471 TULE LN KNIGHTSEN CA 9454801970600211016 ADRIENNE DR ALAMO CA 94507-240501831520082073 HERMINE AVE WALNUT CREEK CA 94596-59080206790015127 TURANIAN CT DANVILLE CA 9452604190520121706 BAYO VISTA AVE SAN PABLO CA 94806-4113043040101128 GREENBRAE CT EL SOBRANTE CA 94803-14120192170054208 ERSELIA TRL ALAMO CA 94507-1314019104001724 WOOD CT ALAMO CA 94507-1060018007003511 EL CAMINO 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94507-191501882320352029 DANVILLE ALAMO CA 94507-264901921920082711 MIRANDA ALAMO CA 94507-14250101800191311 PAYNE BRENTWOOD CA 94513-455303550830051975 VISTA DEL RIO CROCKETT CA 945250206770022901 CONNEMARA DANVILLE CA 94526110/18/201912151100112340 SADDLEBACK DANVILLE CA 94506-31170 206790015127 TURANIAN DANVILLE CA 945260220391008125 MRACK DANVILLE CA 94506-4720021521000399 OAKRIDGE DANVILLE CA 94506-310404351000325428 MARTIS EL SOBRANTE CA 94803-34400425011011711 ALHAMBRA EL SOBRANTE CA 94803-17010426122009947 KELVIN EL SOBRANTE CA 94803-132904260400521151 KELVIN EL SOBRANTE CA 94803-101204200310053557 MIFLIN EL SOBRANTE CA 94803-271104350420064300 JANA VISTA EL SOBRANTE CA 94803-30180572070001139 PURDUE KENSINGTON CA 94708-103203753110281052 PLAZA MARTINEZ CA 9455301881110011880 MEADOW WALNUT CREEK CA 94595-2630017517201742 CARMELLO WALNUT CREEK CA 94597-34020138110008760 NORTH GATE WALNUT CREEK CA 94598-762317/16/201911844500352460 WARREN WALNUT CREEK CA 94595-12490172071037110 CORA WALNUT CREEK CA 94597-680416/20/20191 1841610172249 WHYTE PARK WALNUT CREEK CA 94595-1345018804000710 ELLERY WALNUT CREEK CA 94595-260901852700152835 ACACIA WALNUT CREEK CA 94595-1004111/5/20191182090010670 W HAWTHORNE WALNUT CREEK CA 94596-6010112/9/20191180302012121 SUTHERLAND WALNUT CREEK CA 94596-586101831310161384 MILTON WALNUT CREEK CA 94596-593101843330262099 MAGNOLIA WALNUT CREEK CA 94595-16290182130007742 ROSEWOOD WALNUT CREEK CA 94596-61280185270004845 JUANITA WALNUT CREEK CA 94595-135401720620052740 CHERRY WALNUT CREEK CA 94597-211101831310271376 ELIZABETH WALNUT CREEK CA 94596-59050187232029271 LIVORNA HEIGHTS ALAMO CA 94507-132401932100082611 ROYAL OAKS ALAMO CA 94507-27720198100012512 HEMME ALAMO CA 94507-21140187232012233 LIVORNA HEIGHTS ALAMO CA 94507-132401882520272159 DANVILLE ALAMO CA 94507-26530 192071021145 S JACKSON ALAMO CA 94507-1506019215001360 MIRANDA ALAMO CA 94507-169701920110061481 LIVORNA ALAMO CA 94507-11030193492012330 LAKEVIEW ALAMO CA 94507-16240196130005259 OAK ALAMO CA 94507-27420196130005259 OAK ALAMO CA 94507-274201982200551900 LAS TRAMPAS ALAMO CA 94507-18650193111016162 EAST ALAMO CA 94507-160001910800061588 ALAMO ALAMO CA 94507-150303124002047 SEAWARD BETHEL ISLAND CA 9451103124001752 SEAWARD BETHEL ISLAND CA 9451103124001860 SEAWARD BETHEL ISLAND CA 9451103124001955 SEAWARD BETHEL ISLAND CA 945110312400473113 DELTA COVES BETHEL ISLAND CA 945110312400483107 DELTA COVES BETHEL ISLAND CA 94511112/10/20191312400493101 DELTA COVES BETHEL ISLAND CA 94511112/4/20191312400503095 DELTA COVES BETHEL ISLAND CA 94511111/22/20191312400513089 DELTA COVES BETHEL ISLAND CA 94511111/22/20191 312400523083 DELTA COVES BETHEL ISLAND CA 945110312400533077 DELTA COVES BETHEL ISLAND CA 945110312400543071 DELTA COVES BETHEL ISLAND CA 945110312400553065 DELTA COVES BETHEL ISLAND CA 9451103123005567 EDGEWATER BETHEL ISLAND CA 945110312500013047 DELTA COVES BETHEL ISLAND CA 945110312400723053 DELTA COVES BETHEL ISLAND CA 945110312400713059 DELTA COVES BETHEL ISLAND CA 945110312500023041 DELTA COVES BETHEL ISLAND CA 9451103123004550 EDGEWATER BETHEL ISLAND CA 9451103123004658 EDGEWATER BETHEL ISLAND CA 9451103123004766 EDGEWATER BETHEL ISLAND CA 9451103123004874 EDGEWATER BETHEL ISLAND CA 9451103123004982 EDGEWATER BETHEL ISLAND CA 9451103123005090 EDGEWATER BETHEL ISLAND CA 9451103123005198 EDGEWATER BETHEL ISLAND CA 9451103123005291 EDGEWATER BETHEL ISLAND CA 945110 3123005383 EDGEWATER BETHEL ISLAND CA 9451103123005475 EDGEWATER BETHEL ISLAND CA 9451103123005659 EDGEWATER BETHEL ISLAND CA 9451103124001644 SEAWARD BETHEL ISLAND CA 9451103124001536 SEAWARD BETHEL ISLAND CA 9451103124001428 SEAWARD BETHEL ISLAND CA 945110100700501751 ORCHARD BRENTWOOD CA 94513110/15/2019111607000730 OLIVIA CONCORD CA 94521011607000740 OLIVIA CONCORD CA 94521011607000750 OLIVIA CONCORD CA 94521011607000720 OLIVIA CONCORD CA 94521011607000710 OLIVIA CONCORD CA 94521011607000770 OLIVIA CONCORD CA 94521011607000760 OLIVIA CONCORD CA 945210354061020420 WINSLOW CROCKETT CA 9452503550830051975 VISTA DEL RIO CROCKETT CA 945250206790026233 ROBERT DUCHI DANVILLE CA 945260 2067600101298 CHARBRAY DANVILLE CA 94526110/23/201912067800176206 MASSARA DANVILLE CA 9452602067900046166 MASSARA DANVILLE CA 945260206800050400 VENDEEN DANVILLE CA 9452602067900096161 MASSARA DANVILLE CA 9452602067900086153 MASSARA DANVILLE CA 945260206790028249 ROBERT DUCHI DANVILLE CA 94506-11970206790029257 ROBERT DUCHI DANVILLE CA 94506-119702067800186198 MASSARA DANVILLE CA 94506-1193022055102541 DEER CREEK DANVILLE CA 94506-60540206790015127 TURANIAN DANVILLE CA 9452602067800136238 MASSARA DANVILLE CA 9452602067800126246 MASSARA DANVILLE CA 9452602067800116265 MASSARA DANVILLE CA 9452602067800146230 MASSARA DANVILLE CA 94506-1195021521000399 OAKRIDGE DANVILLE CA 94506-31040 81700184305 DRIFTWOOD DISCOVERY BAY CA 94505-926316/27/20191116900059030 TRADEWINDS DISCOVERY BAY CA 945140116900069036 TRADEWINDS DISCOVERY BAY CA 945140116900079042 TRADEWINDS DISCOVERY BAY CA 945140116900089048 TRADEWINDS DISCOVERY BAY CA 945140116900099054 TRADEWINDS DISCOVERY BAY CA 945140116900149031 TRADEWINDS DISCOVERY BAY CA 945140116900159037 TRADEWINDS DISCOVERY BAY CA 945140116900169043 TRADEWINDS DISCOVERY BAY CA 945140116900179049 TRADEWINDS DISCOVERY BAY CA 94514040710125110 DISCOVERY DISCOVERY BAY CA 94505-9524040730065135 DISCOVERY DISCOVERY BAY CA 94505-94610116900019006 TRADEWINDS DISCOVERY BAY CA 945140 116900029012 TRADEWINDS DISCOVERY BAY CA 945140116900039018 TRADEWINDS DISCOVERY BAY CA 945140116900049024 TRADEWINDS DISCOVERY BAY CA 945140116900109007 TRADEWINDS DISCOVERY BAY CA 945140116900119013 TRADEWINDS DISCOVERY BAY CA 945140116900129019 TRADEWINDS DISCOVERY BAY CA 945140116900139025 TRADEWINDS DISCOVERY BAY CA 945140116900189065 TRADEWINDS DISCOVERY BAY CA 9451419/19/20191116900199071 TRADEWINDS DISCOVERY BAY CA 94514110/4/20191116900209077 TRADEWINDS DISCOVERY BAY CA 9451419/25/20191116900219083 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900309084 TRADEWINDS DISCOVERY BAY CA 9451419/25/20191 116900319078 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900329072 TRADEWINDS DISCOVERY BAY CA 94514111/20/20191116900339066 TRADEWINDS DISCOVERY BAY CA 94514110/16/20191116900349060 TRADEWINDS DISCOVERY BAY CA 94514110/16/20191116500017068 HARBOR HAVEN DISCOVERY BAY CA 9450519/11/20191116500197137 LAKEHEAD DISCOVERY BAY CA 94505110/22/20191116500207143 LAKEHEAD DISCOVERY BAY CA 945050116500217149 LAKEHEAD DISCOVERY BAY CA 94505110/16/20191116500227157 LAKEHEAD DISCOVERY BAY CA 94505112/18/20191116500237165 LAKEHEAD DISCOVERY BAY CA 94505112/18/20191116500247173 LAKEHEAD DISCOVERY BAY CA 94505110/14/20191116500257181 LAKEHEAD DISCOVERY BAY CA 9450519/11/20191116500127002 HARBOR HAVEN DISCOVERY BAY CA 94505111/22/20191116500137101 LAKEHEAD DISCOVERY BAY CA 94505111/19/20191116500147107 LAKEHEAD DISCOVERY BAY CA 94505112/4/20191 116500167119 LAKEHEAD DISCOVERY BAY CA 945050116500177125 LAKEHEAD DISCOVERY BAY CA 945050116500187131 LAKEHEAD DISCOVERY BAY CA 94505112/18/20191116500077032 HARBOR HAVEN DISCOVERY BAY CA 945050116500067038 HARBOR HAVEN DISCOVERY BAY CA 94505081700382194 CYPRESS DISCOVERY BAY CA 9450504330200226200 HILLSIDE EL SOBRANTE CA 94803-3620057122100732 AVON KENSINGTON CA 94707-13020201000182500 BARTELS KNIGHTSEN CA 945480150100721621 SUNSET KNIGHTSEN CA 945480166420016213 SECLUSION VALLEY LAFAYETTE CA 9454901662100163238 GLORIA LAFAYETTE CA 94549-20250166420014221 SECLUSION VALLEY LAFAYETTE CA 9454919/16/20191166420007228 SECLUSION VALLEY LAFAYETTE CA 945490166420013225 SECLUSION VALLEY LAFAYETTE CA 94549111/20/20191 166420012229 SECLUSION VALLEY LAFAYETTE CA 94549036714001011 GATEWAY ESTATES MARTINEZ CA 94553-973903752410031355 PLAZA MARTINEZ CA 94553-2015036510001566 QUAIL MARTINEZ CA 94553-976203751920092472 BIRCH MARTINEZ CA 9455303671400164 CREEKSIDE OAKS MARTINEZ CA 945530322020084973 SANDMOUND OAKLEY CA 94561-50540200100095790 SELLERS OAKLEY CA 94561-36090154180020710 GOLF CLUB PLEASANT HILL CA 9452302230410217667 CAMINO TASSAJARA PLEASANTON CA 94588-94310409182019200 SILVER AVENUE RICHMOND CA 9480104091710181642 4TH RICHMOND CA 94801-161404160130283160 ROLLINGWOOD SAN PABLO CA 94806-326204160220223036 AVON SAN PABLO CA 94806-3208018430203718 PARK WALNUT CREEK CA 94595-16100 1841100961283 CLOVER WALNUT CREEK CA 94595-1409018536000910 GARDEN WALNUT CREEK CA 94595-1220018418002411 ALTA HILL WALNUT CREEK CA 94595-145801720620052740 CHERRY WALNUT CREEK CA 94597-211102040400335500 OLD SCHOOL SAN RAMON CA 9458304310100194953 SAN PABLO DAM EL SOBRANTE CA 94803-322517/17/20191125292005322 3RD S PACHECO CA 945530140170011129 BRODIA WALNUT CREEK CA 94598-4919112/11/201914190620181645 BEAU RIVAGE SAN PABLO CA 94806-411626/12/201921980810095 LA SERENA WAY ALAMO CA18/21/20191201070017910 CAMILLE LN ALAMO CA17/30/2019119812001119 BARBEE LN ALAMO CA16/4/20191197090012912 DANVILLE BLVD ALAMO CA15/15/2019119736001313 ROXBURY CT ALAMO CA16/5/2019119206002626 JACKSON N WAY ALAMO CA14/9/2019118823202396 CREST AVE ALAMO CA12/26/2019195075022120 BELLA VISTA AVE BAY POINT CA18/8/201919805201258 NEPTUNE CT BAY POINT CA13/28/2019120371000338 MAGNOLIA PL DANVILLE CA12/8/20191 1953400422611 CABALLO RANCHERO DR DIABLO CA15/13/201914262220134900 HILLTOP DR EL SOBRANTE CA16/19/20191425092001499 PEBBLE DR EL SOBRANTE CA17/19/2019116922201830 HUSTON CT LAFAYETTE CA19/12/201911690320083110 TEIGLAND RD LAFAYETTE CA16/28/20191625000112400 MORGAN TERRITORY RD LIVERMORE VALLEY CA112/27/20191161280013136 MIDHILL RD MARTINEZ CA11/25/20191161280015190 MIDHILL RD MARTINEZ CA15/2/20191358293001808 MARINERS POINTE NULL RODEO CA11/11/20191357111022639 RODEO AVE RODEO CA14/10/201914031770102745 KEVIN RD SAN PABLO CA17/1/201912041600015500 BRUCE DR SAN RAMON CA12/26/201911853510141206 JUANITA DR WALNUT CREEK CA14/5/201911801000102066 SAN MIGUEL DR WALNUT CREEK CA14/12/201911832310072011 DORIS AVE WALNUT CREEK CA11/22/20191179251005555 LA VISTA RD WALNUT CREEK CA12/12/201911831410021346 HERMINE AVE WALNUT CREEK CA18/29/20191184192005151 CAMELIA LN WALNUT CREEK CA18/12/2019118415005720 BOULEVARD CT WALNUT CREEK CA16/21/20191 1841200891321 DEWING LN WALNUT CREEK CA15/29/201911841500132224 WHYTE PARK AVE WALNUT CREEK CA11/30/20191188220027125 MEADOW CREST LN WALNUT CREEK CA17/12/2019119303001915 CAMINO MONTE SOL NULL ALAMO CA19/19/201911936800142537 BILTMORE DR ALAMO CA17/9/2019119221003031 GRAND ROYALE CT ALAMO CA11/11/20191196110048291 CROSS RD ALAMO CA13/19/2019119301002420 LEGACY CT ALAMO CA110/4/20191196041010169 RIDGE RD ALAMO CA11/10/2019118823204364 CREST AVE ALAMO CA12/27/20191193010036401 LEGACY DR ALAMO CA13/18/201911930100271020 SERAFIX RD ALAMO CA110/11/2019118823204466 CREST AVE ALAMO CA14/17/20191196120009191 OAK RD ALAMO CA13/1/20191187240067100 SAMANTHA CT ALAMO CA17/16/2019119206002626 JACKSON N WAY ALAMO CA11/18/201911910930213115 VIA LARGA NULL ALAMO CA14/29/2019118823204262 CREST AVE ALAMO CA13/28/20191198100006532 HEMME AVE ALAMO CA15/23/20191193080002335 LAS QUEBRADAS NULL ALAMO CA19/5/20191196070010268 SMITH RD ALAMO CA19/10/20191 196100012158 OAK RD ALAMO CA112/10/2019119321000820 ALAMO GLEN TRL ALAMO CA19/20/2019119321000875 ALAMO GLEN TRL ALAMO CA112/9/2019198180021245 DRIFTWOOD DR BAY POINT CA111/1/2019196044005123 FAIRVIEW AVE BAY POINT CA110/15/201919603201732 BROADWAY N AVE BAY POINT CA16/5/20191150900301450 EDEN PLAINS RD BRENTWOOD CA12/21/2019110510097760 BYRON HWY BYRON CA18/6/20191719201316800 MARSH CREEK RD CLAYTON CA17/23/20191206770014932 CONNEMARA CT DANVILLE CA13/20/201912068200393074 GRITSTONE ST DANVILLE CA12/1/201912068200403070 GRITSTONE ST DANVILLE CA12/20/201912068200445045 KERRY HILL ST DANVILLE CA11/23/201912068200325026 KERRY HILL ST DANVILLE CA14/10/201912068200335030 KERRY HILL ST DANVILLE CA14/10/201912068200345034 KERRY HILL ST DANVILLE CA17/23/201912068200385050 KERRY HILL ST DANVILLE CA11/16/201912068200413066 GRITSTONE ST DANVILLE CA12/26/201912068200423062 GRITSTONE ST DANVILLE CA13/18/201912068200433058 GRITSTONE ST DANVILLE CA13/19/201912068200455041 KERRY HILL ST DANVILLE CA12/7/201912067800166214 MASSARA ST DANVILLE CA16/5/201912067900016190 MASSARA ST DANVILLE CA112/9/20191 2067900026182 MASSARA ST DANVILLE CA16/11/201912067900036174 MASSARA ST DANVILLE CA18/19/201912067900056158 MASSARA ST DANVILLE CA19/11/201912068000013000 GRITSTONE ST DANVILLE CA15/15/201912068000023004 GRITSTONE ST DANVILLE CA15/15/201912068000463005 GRITSTONE ST DANVILLE CA15/24/201912068000473001 GRITSTONE ST DANVILLE CA16/21/201912068000484990 ENDERBY ST DANVILLE CA17/23/201912068000494984 ENDERBY ST DANVILLE CA17/26/20191206800054424 VENDEEN CT DANVILLE CA17/23/20191206800055430 VENDEEN CT DANVILLE CA17/23/201912067600061266 CHARBRAY ST DANVILLE CA110/22/201912067700071354 CHARBRAY ST DANVILLE CA19/11/201912067600181281 CHARBRAY ST DANVILLE CA19/24/20191206770022901 CONNEMARA CT DANVILLE CA110/18/201912067900076142 MASSARA ST DANVILLE CA110/15/20191206800050400 VENDEEN CT DANVILLE CA110/23/201911953400422611 CABALLO RANCHERO DR DIABLO CA15/13/201911951700161717 CALLE ARROYO NULL DIABLO CA17/9/201911953000112220 ALAMEDA DIABLO NULL DIABLO CA16/21/2019184700013961 LIGHTHOUSE PL DISCOVERY BAY CA112/23/2019111680004263 TIDEWATER WAY DISCOVERY BAY CA11/15/20191 116900379150 CALYPSO CT DISCOVERY BAY CA16/13/20191116900389144 CALYPSO CT DISCOVERY BAY CA16/13/20191116900399138 CALYPSO CT DISCOVERY BAY CA15/8/20191116900409132 CALYPSO CT DISCOVERY BAY CA16/13/20191116900229089 TRADEWINDS CIR DISCOVERY BAY CA11/25/20191116900239095 TRADEWINDS CIR DISCOVERY BAY CA15/17/20191116900249101 TRADEWINDS CIR DISCOVERY BAY CA13/26/20191116900259107 TRADEWINDS CIR DISCOVERY BAY CA15/17/20191116900269108 TRADEWINDS CIR DISCOVERY BAY CA17/15/20191116900279102 TRADEWINDS CIR DISCOVERY BAY CA14/22/20191116900289096 TRADEWINDS CIR DISCOVERY BAY CA11/25/20191116900299090 TRADEWINDS CIR DISCOVERY BAY CA16/26/20191116900479133 CALYPSO CT DISCOVERY BAY CA16/27/20191116900419126 CALYPSO CT DISCOVERY BAY CA17/23/20191 116900429120 CALYPSO CT DISCOVERY BAY CA17/23/20191116900439114 CALYPSO CT DISCOVERY BAY CA17/15/20191116900449115 CALYPSO CT DISCOVERY BAY CA14/17/20191116900469127 CALYPSO CT DISCOVERY BAY CA15/8/20191116500157113 LAKEHEAD WAY DISCOVERY BAY CA111/4/20191425310001446 COLINA WAY EL SOBRANTE CA12/14/20191425310013416 COLINA WAY EL SOBRANTE CA16/26/20191425310014420 COLINA WAY EL SOBRANTE CA16/3/20191425310001439 COLINA WAY EL SOBRANTE CA11/8/20191425310002435 COLINA WAY EL SOBRANTE CA13/1/20191425310017442 COLINA WAY EL SOBRANTE CA13/21/20191425310019450 COLINA WAY EL SOBRANTE CA14/26/2019142606005416 GORDON CT EL SOBRANTE CA19/17/20191425310020454 COLINA WAY EL SOBRANTE CA17/23/20191425310021458 COLINA WAY EL SOBRANTE CA19/11/20191425310031463 COLINA WAY EL SOBRANTE CA112/23/20191425310032459 COLINA WAY EL SOBRANTE CA112/27/2019157202300337 KERR AVE KENSINGTON CA14/11/201912019007289 PASTOR LN KNIGHTSEN CA14/24/20191166420001204 SECLUSION VALLEY WAY LAFAYETTE CA110/3/20191166420018205 SECLUSION VALLEY WAY LAFAYETTE CA14/30/20191 166420019201 SECLUSION VALLEY WAY LAFAYETTE CA12/27/20191166420004216 SECLUSION VALLEY WAY LAFAYETTE CA16/19/20191166420003212 SECLUSION VALLEY WAY LAFAYETTE CA14/26/20191166420005220 SECLUSION VALLEY WAY LAFAYETTE CA19/19/20191166420006224 SECLUSION VALLEY WAY LAFAYETTE CA110/16/20191166420015217 SECLUSION VALLEY WAY LAFAYETTE CA17/23/2019136610200310 BRANDYWINE WAY MARTINEZ CA15/16/2019136714001019 GATEWAY ESTATES LN MARTINEZ CA18/30/201912041800025600 BRUCE DR PLEASANTON CA18/23/201914090110111243 BATTERY ST RICHMOND CA19/3/201914092200401835 2ND ST RICHMOND CA111/7/2019140904201135 ALAMO AVE RICHMOND CA19/19/20191182130017761 HAZELWOOD DR WALNUT CREEK CA12/21/2019114021001821 RANI CT WALNUT CREEK CA112/5/2019118010001424 ADELINE DR WALNUT CREEK CA11/14/2019118430203816 PARK AVE WALNUT CREEK CA12/6/20191140220008302 LA CASA VIA NULL WALNUT CREEK CA15/3/20191140220008300 LA CASA VIA NULL WALNUT CREEK CA15/3/20191 206770022901 CONNEMARA CT DANVILLE CA110/18/20191357140037507 Parker Ave Rodeo CA0193111016162 East Ln Alamo CA01952600041954 Alameda Diablo Diablo CA0571311001401 Colusa Ave Kensington CA0930810282867 Willow Pass Rd Bay Point CA096020081255 N Bella Monte Ave Bay Point CABella Monte0125120017214 Center Ave Pacheco CA098210001589 Pacifica Ave Bay Point CAPacifica Landing0198170006300 Camille Ave Alamo CABall Estates0426030070Balmore Ct El Sobrante CABalmore Court0403202011San Pablo Ave San Pablo CATara Hills01170400865175 Laurel Dr Concord CALaurel Place IV0000000000000000000000000 Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed UnitsStreamlining InfillHousing without Financial Assistance or Deed RestrictionsTerm of Affordability or Deed RestrictionNotes13 14 15 16 17 18 192021Current APN Street AddressProject Name+How many of the units were Extremely Low Income?+Was Project APPROVED using GC 65913.4(b)? (SB 35 Streamlining) Y/NInfill Units?Y/N+Assistance Programs for Each Development (see instructions)Deed Restriction Type(see instructions)For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable(see instructions)Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroyed Units+Demolished or Destroyed Units+Demolished/Destroyed Units Owner or Renter+ Notes+5013 0 04090800281540 FRED JACKSON RICHMOND CA 94801-1535Heritage Point5N Y CDBG Other 55982400643604-3628 Willow Pass Road, Bay Point, CABay Point Family Apartments0N Y LIHTC Other 5561900107911 CARNEAL RD LIVERMORE VALLEY CAN100800072681 WALNUT BLVD BRENTWOOD CA 94513-4402N1880500042229 TICE VALLEY BLVD WALNUT CREEK CA 94595-2615N1982900321632 VIA ROMERO ALAMO CA 94507-1532N426122009947 KELVIN CT EL SOBRANTE CA 94803-1329N5210120116249 HIGHLAND AVE RICHMOND CA 94805-1635N1980710051311 DANVILLE BLVD ALAMO CA 94507-1915N1952700471970 LA CADENA DIABLO CA 94528N2038600012467 DIABLO RANCH PL DANVILLE CA 94506-2069N4200310053557 MIFLIN AVE EL SOBRANTE CA 94803-2711N5212100021779 TULARE AVE RICHMOND CA 94805-1522NHousing with Financial Assistance and/or Deed RestrictionsDemolished/Destroyed UnitsProject Identifier 19903006518311 BOLLINGER CANYON RD SAN RAMON CA 94583-1507N403341005104 BANION CT SAN PABLO CA 94806-1629N4260400521151 KELVIN RD EL SOBRANTE CA 94803-1012N1720620052740 CHERRY LN WALNUT CREEK CA 94597-2111N1832010072060 BLACKWOOD DR WALNUT CREEK CA 94596-5709N1831520092032 GRANT AVE WALNUT CREEK CA 94596-5907N4250500044077 LAMBERT RD EL SOBRANTE CA 94803-1743N3752210211320 VEALE AVE MARTINEZ CA 94553-2064N151100210 EAGLE LN KNIGHTSEN CA 94548N1910300151530 RAMONA WAY ALAMO CA 94507-1030N1831310271376 ELIZABETH CT WALNUT CREEK CA 94596-5905N1921920082711 MIRANDA AVE ALAMO CA 94507-1425N4350420064300 JANA VISTA EL SOBRANTE CA 94803-3018N140170011129 BRODIA WAY WALNUT CREEK CA 94598-4919N409172019345 GROVE AVE RICHMOND CA 94801-1576N1953000102224 ALAMEDA DIABLO DIABLO CA 94528N19738005420 VALLEY OAKS CT ALAMO CA 94507-2000N198230013271 LARK LN ALAMO CA 94507-1817N185270004845 JUANITA DR WALNUT CREEK CA 94595-1354N4191020061710 BEAU RIVAGE SAN PABLO CA 94806-4119N 380080018780 CENTRAL AVE MARTINEZ CA 94553-1420N21521000399 OAKRIDGE CT DANVILLE CA 94506-3104N4160130283160 ROLLINGWOOD DR SAN PABLO CA 94806-3262N138110008760 NORTH GATE RD WALNUT CREEK CA 94598-7623N1844500352460 WARREN RD WALNUT CREEK CA 94595-1249N4250400284020 LAMBERT RD EL SOBRANTE CA 94803-1710N193650027138 VIRGINIA CT ALAMO CA 94507-2880N1982200551900 LAS TRAMPAS RD ALAMO CA 94507-1856N9603302874 SOLANO AVE BAY POINT CA 94565-1618N1920200051409 CASA VALLECITA ALAMO CA 94507-1110N4330200556219 SAN PABLO DAM RD EL SOBRANTE CA 94803-3629N3541660031513 LILLIAN ST CROCKETT CA 94525-1358N1920110471415 LIVORNA RD ALAMO CA 94507-1103N201300012471 TULE LN KNIGHTSEN CA 94548N1970600211016 ADRIENNE DR ALAMO CA 94507-2405N1831520082073 HERMINE AVE WALNUT CREEK CA 94596-5908N206790015127 TURANIAN CT DANVILLE CA 94526N4190520121706 BAYO VISTA AVE SAN PABLO CA 94806-4113N43040101128 GREENBRAE CT EL SOBRANTE CA 94803-1412N 192170054208 ERSELIA TRL ALAMO CA 94507-1314N19104001724 WOOD CT ALAMO CA 94507-1060N18007003511 EL CAMINO TER WALNUT CREEK CA 94596-5451N150400513140 SELLERS AVE BRENTWOOD CA 94513-3016N1111002525987 MARSH CREEK RD BYRON CA 94513-4315N4310400074441 SAN PABLO DAM RD EL SOBRANTE CA 94803-3039N187232012233 LIVORNA HEIGHTS RD ALAMO CA 94507-1324N18431101261 PANORAMIC WAY WALNUT CREEK CA 94595-1605N42130151205 BEACH CT DISCOVERY BAY CA 94505-9434N7806002110050 MARSH CREEK RD CLAYTON CA 94517-9742N17210003323 LOMMEL CT WALNUT CREEK CA 94597-2130N19221001110 GRAND ROYALE CT ALAMO CA 94507-2402N201800702350 EDEN PLAINS KNIGHTSEN CA 94548N1517003341 LEARNING BRENTWOOD CA 94513N1517003121 LEARNING BRENTWOOD CA 94513N151500078031 BALFOUR BRENTWOOD CA 94513-3818N3753010242913 MERLE MARTINEZ CA 94553N221001216171 BYRON BYRON CA 94514N51040070415 FLEMING ANTIOCH CA 94509-8535N 198230013271 LARK ALAMO CA 94507-1817N19736001510 ROXBURY ALAMO CA 94507-2240N1982000011630 LAS TRAMPAS ALAMO CA 94507-1824N355100010288 KENDALL CROCKETT CA 94525-1015N4251900054306 SANTA RITA EL SOBRANTE CA 94803-2309N43040101128 GREENBRAE EL SOBRANTE CA 94803-1412N571170010633 COVENTRY KENSINGTON CA 94707N57115000883 EDGECROFT KENSINGTON CA 94707-1412N5212100021779 TULARE RICHMOND CA 94805-1522N4190520121706 BAYO VISTA SAN PABLO CA 94806-4113N18016003330 MC CONNELL WALNUT CREEK CA 94596-5832N1832010072060 BLACKWOOD WALNUT CREEK CA 94596-5709N18431202926 PANORAMIC WALNUT CREEK CA 94595-1606N18536000910 GARDEN WALNUT CREEK CA 94595-1220N1880500042229 TICE VALLEY WALNUT CREEK CA 94595-2615N380132021400 RODRIGUES MARTINEZ CA 94553-1438N198270015121 DANIEL ALAMO CA 94507-2417N1982900321632 VIA ROMERO ALAMO CA 94507-1532N1982000081671 LAS TRAMPAS ALAMO CA 94507-1825N1882520272159 DANVILLE ALAMO CA 94507-2653N1910300151530 RAMONA ALAMO CA 94507-1030N 1982200551900 LAS TRAMPAS ALAMO CA 94507N1970600211016 ADRIENNE ALAMO CA 94507-2405N197190034191 ALAMO RANCH ALAMO CA 94507-2031N1980710051313 DANVILLE ALAMO CA 94507-1915N1882320352029 DANVILLE ALAMO CA 94507-2649N1921920082711 MIRANDA ALAMO CA 94507-1425N101800191311 PAYNE BRENTWOOD CA 94513-4553N3550830051975 VISTA DEL RIO CROCKETT CA 94525N206770022901 CONNEMARA DANVILLE CA 94526N2151100112340 SADDLEBACK DANVILLE CA 94506-3117N206790015127 TURANIAN DANVILLE CA 94526N220391008125 MRACK DANVILLE CA 94506-4720N21521000399 OAKRIDGE DANVILLE CA 94506-3104N4351000325428 MARTIS EL SOBRANTE CA 94803-3440N425011011711 ALHAMBRA EL SOBRANTE CA 94803-1701N426122009947 KELVIN EL SOBRANTE CA 94803-1329Ncomparable, HCD calculator4260400521151 KELVIN EL SOBRANTE CA 94803-1012N4200310053557 MIFLIN EL SOBRANTE CA 94803-2711N4350420064300 JANA VISTA EL SOBRANTE CA 94803-3018Ncomparable, HCD calculator572070001139 PURDUE KENSINGTON CA 94708-1032N3753110281052 PLAZA MARTINEZ CA 94553N1881110011880 MEADOW WALNUT CREEK CA 94595-2630N 17517201742 CARMELLO WALNUT CREEK CA 94597-3402N138110008760 NORTH GATE WALNUT CREEK CA 94598-7623N1844500352460 WARREN WALNUT CREEK CA 94595-1249N172071037110 CORA WALNUT CREEK CA 94597-6804Ncomparable, HCD calculator1841610172249 WHYTE PARK WALNUT CREEK CA 94595-1345N18804000710 ELLERY WALNUT CREEK CA 94595-2609N1852700152835 ACACIA WALNUT CREEK CA 94595-1004N182090010670 W HAWTHORNE WALNUT CREEK CA 94596-6010N180302012121 SUTHERLAND WALNUT CREEK CA 94596-5861N1831310161384 MILTON WALNUT CREEK CA 94596-5931N1843330262099 MAGNOLIA WALNUT CREEK CA 94595-1629N182130007742 ROSEWOOD WALNUT CREEK CA 94596-6128N185270004845 JUANITA WALNUT CREEK CA 94595-1354Ncomparable, HCD calculator1720620052740 CHERRY WALNUT CREEK CA 94597-2111N1831310271376 ELIZABETH WALNUT CREEK CA 94596-5905N187232029271 LIVORNA HEIGHTS ALAMO CA 94507-1324N1932100082611 ROYAL OAKS ALAMO CA 94507-2772N198100012512 HEMME ALAMO CA 94507-2114N187232012233 LIVORNA HEIGHTS ALAMO CA 94507-1324N1 Demolished O1882520272159 DANVILLE ALAMO CA 94507-2653N1 Demolished O192071021145 S JACKSON ALAMO CA 94507-1506N1 Demolished O 19215001360 MIRANDA ALAMO CA 94507-1697N1 Demolished O1920110061481 LIVORNA ALAMO CA 94507-1103N1 Demolished O193492012330 LAKEVIEW ALAMO CA 94507-1624N1 Demolished O196130005259 OAK ALAMO CA 94507-2742N196130005259 OAK ALAMO CA 94507-2742N1982200551900 LAS TRAMPAS ALAMO CA 94507-1865N193111016162 EAST ALAMO CA 94507-1600N1 Demolished O1910800061588 ALAMO ALAMO CA 94507-1503N1 Demolished O3124002047 SEAWARD BETHEL ISLAND CA 94511N3124001752 SEAWARD BETHEL ISLAND CA 94511N3124001860 SEAWARD BETHEL ISLAND CA 94511N3124001955 SEAWARD BETHEL ISLAND CA 94511N312400473113 DELTA COVES BETHEL ISLAND CA 94511N312400483107 DELTA COVES BETHEL ISLAND CA 94511N312400493101 DELTA COVES BETHEL ISLAND CA 94511N312400503095 DELTA COVES BETHEL ISLAND CA 94511N312400513089 DELTA COVES BETHEL ISLAND CA 94511N312400523083 DELTA COVES BETHEL ISLAND CA 94511N312400533077 DELTA COVES BETHEL ISLAND CA 94511N312400543071 DELTA COVES BETHEL ISLAND CA 94511N312400553065 DELTA COVES BETHEL ISLAND CA 94511N3123005567 EDGEWATER BETHEL ISLAND CA 94511N312500013047 DELTA COVES BETHEL ISLAND CA 94511N 312400723053 DELTA COVES BETHEL ISLAND CA 94511N312400713059 DELTA COVES BETHEL ISLAND CA 94511N312500023041 DELTA COVES BETHEL ISLAND CA 94511N3123004550 EDGEWATER BETHEL ISLAND CA 94511N3123004658 EDGEWATER BETHEL ISLAND CA 94511N3123004766 EDGEWATER BETHEL ISLAND CA 94511N3123004874 EDGEWATER BETHEL ISLAND CA 94511N3123004982 EDGEWATER BETHEL ISLAND CA 94511N3123005090 EDGEWATER BETHEL ISLAND CA 94511N3123005198 EDGEWATER BETHEL ISLAND CA 94511N3123005291 EDGEWATER BETHEL ISLAND CA 94511N3123005383 EDGEWATER BETHEL ISLAND CA 94511N3123005475 EDGEWATER BETHEL ISLAND CA 94511N3123005659 EDGEWATER BETHEL ISLAND CA 94511N3124001644 SEAWARD BETHEL ISLAND CA 94511N3124001536 SEAWARD BETHEL ISLAND CA 94511N3124001428 SEAWARD BETHEL ISLAND CA 94511N100700501751 ORCHARD BRENTWOOD CA 94513N11607000730 OLIVIA CONCORD CA 94521N11607000740 OLIVIA CONCORD CA 94521N11607000750 OLIVIA CONCORD CA 94521N11607000720 OLIVIA CONCORD CA 94521N 11607000710 OLIVIA CONCORD CA 94521N11607000770 OLIVIA CONCORD CA 94521N11607000760 OLIVIA CONCORD CA 94521N354061020420 WINSLOW CROCKETT CA 94525N3550830051975 VISTA DEL RIO CROCKETT CA 94525N206790026233 ROBERT DUCHI DANVILLE CA 94526N2067600101298 CHARBRAY DANVILLE CA 94526N2067800176206 MASSARA DANVILLE CA 94526N2067900046166 MASSARA DANVILLE CA 94526N206800050400 VENDEEN DANVILLE CA 94526N2067900096161 MASSARA DANVILLE CA 94526N2067900086153 MASSARA DANVILLE CA 94526N206790028249 ROBERT DUCHI DANVILLE CA 94506-1197N206790029257 ROBERT DUCHI DANVILLE CA 94506-1197N2067800186198 MASSARA DANVILLE CA 94506-1193N22055102541 DEER CREEK DANVILLE CA 94506-6054N206790015127 TURANIAN DANVILLE CA 94526N2067800136238 MASSARA DANVILLE CA 94526N2067800126246 MASSARA DANVILLE CA 94526N2067800116265 MASSARA DANVILLE CA 94526N2067800146230 MASSARA DANVILLE CA 94506-1195N21521000399 OAKRIDGE DANVILLE CA 94506-3104N1 Demolished O 81700184305 DRIFTWOOD DISCOVERY BAY CA 94505-9263N116900059030 TRADEWINDS DISCOVERY BAY CA 94514N116900069036 TRADEWINDS DISCOVERY BAY CA 94514N116900079042 TRADEWINDS DISCOVERY BAY CA 94514N116900089048 TRADEWINDS DISCOVERY BAY CA 94514N116900099054 TRADEWINDS DISCOVERY BAY CA 94514N116900149031 TRADEWINDS DISCOVERY BAY CA 94514N116900159037 TRADEWINDS DISCOVERY BAY CA 94514N116900169043 TRADEWINDS DISCOVERY BAY CA 94514N116900179049 TRADEWINDS DISCOVERY BAY CA 94514N40710125110 DISCOVERY DISCOVERY BAY CA 94505-9524N40730065135 DISCOVERY DISCOVERY BAY CA 94505-9461N116900019006 TRADEWINDS DISCOVERY BAY CA 94514N116900029012 TRADEWINDS DISCOVERY BAY CA 94514N116900039018 TRADEWINDS DISCOVERY BAY CA 94514N116900049024 TRADEWINDS DISCOVERY BAY CA 94514N116900109007 TRADEWINDS DISCOVERY BAY CA 94514N 116900119013 TRADEWINDS DISCOVERY BAY CA 94514N116900129019 TRADEWINDS DISCOVERY BAY CA 94514N116900139025 TRADEWINDS DISCOVERY BAY CA 94514N116900189065 TRADEWINDS DISCOVERY BAY CA 94514N116900199071 TRADEWINDS DISCOVERY BAY CA 94514N116900209077 TRADEWINDS DISCOVERY BAY CA 94514N116900219083 TRADEWINDS DISCOVERY BAY CA 94514N116900309084 TRADEWINDS DISCOVERY BAY CA 94514N116900319078 TRADEWINDS DISCOVERY BAY CA 94514N116900329072 TRADEWINDS DISCOVERY BAY CA 94514N116900339066 TRADEWINDS DISCOVERY BAY CA 94514N116900349060 TRADEWINDS DISCOVERY BAY CA 94514N116500017068 HARBOR HAVEN DISCOVERY BAY CA 94505N116500197137 LAKEHEAD DISCOVERY BAY CA 94505N116500207143 LAKEHEAD DISCOVERY BAY CA 94505N116500217149 LAKEHEAD DISCOVERY BAY CA 94505N116500227157 LAKEHEAD DISCOVERY BAY CA 94505N 116500237165 LAKEHEAD DISCOVERY BAY CA 94505N116500247173 LAKEHEAD DISCOVERY BAY CA 94505N116500257181 LAKEHEAD DISCOVERY BAY CA 94505N116500127002 HARBOR HAVEN DISCOVERY BAY CA 94505N116500137101 LAKEHEAD DISCOVERY BAY CA 94505N116500147107 LAKEHEAD DISCOVERY BAY CA 94505N116500167119 LAKEHEAD DISCOVERY BAY CA 94505N116500177125 LAKEHEAD DISCOVERY BAY CA 94505N116500187131 LAKEHEAD DISCOVERY BAY CA 94505N116500077032 HARBOR HAVEN DISCOVERY BAY CA 94505N116500067038 HARBOR HAVEN DISCOVERY BAY CA 94505N81700382194 CYPRESS DISCOVERY BAY CA 94505N4330200226200 HILLSIDE EL SOBRANTE CA 94803-3620N57122100732 AVON KENSINGTON CA 94707-1302N1 Demolished O201000182500 BARTELS KNIGHTSEN CA 94548N150100721621 SUNSET KNIGHTSEN CA 94548N166420016213 SECLUSION VALLEY LAFAYETTE CA 94549N1662100163238 GLORIA LAFAYETTE CA 94549-2025N166420014221 SECLUSION VALLEY LAFAYETTE CA 94549N166420007228 SECLUSION VALLEY LAFAYETTE CA 94549N 166420013225 SECLUSION VALLEY LAFAYETTE CA 94549N166420012229 SECLUSION VALLEY LAFAYETTE CA 94549N36714001011 GATEWAY ESTATES MARTINEZ CA 94553-9739N3752410031355 PLAZA MARTINEZ CA 94553-2015N36510001566 QUAIL MARTINEZ CA 94553-9762N3751920092472 BIRCH MARTINEZ CA 94553N3671400164 CREEKSIDE OAKS MARTINEZ CA 94553N322020084973 SANDMOUND OAKLEY CA 94561-5054N200100095790 SELLERS OAKLEY CA 94561-3609N154180020710 GOLF CLUB PLEASANT HILL CA 94523N2230410217667 CAMINO TASSAJARA PLEASANTON CA 94588-9431N409182019200 SILVER AVENUE RICHMOND CA 94801N4091710181642 4TH RICHMOND CA 94801-1614N4160130283160 ROLLINGWOOD SAN PABLO CA 94806-3262N4160220223036 AVON SAN PABLO CA 94806-3208N18430203718 PARK WALNUT CREEK CA 94595-1610N1841100961283 CLOVER WALNUT CREEK CA 94595-1409N18536000910 GARDEN WALNUT CREEK CA 94595-1220N1 Demolished O18418002411 ALTA HILL WALNUT CREEK CA 94595-1458N1 Demolished O 1720620052740 CHERRY WALNUT CREEK CA 94597-2111N1 Demolished O2040400335500 OLD SCHOOL SAN RAMON CA 94583N4310100194953 SAN PABLO DAM EL SOBRANTE CA 94803-3225N125292005322 3RD S PACHECO CA 94553Ncomparable, HCD calculator140170011129 BRODIA WALNUT CREEK CA 94598-4919N4190620181645 BEAU RIVAGE SAN PABLO CA 94806-4116N1980810095 LA SERENA WAY ALAMO CAN201070017910 CAMILLE LN ALAMO CAN19812001119 BARBEE LN ALAMO CAN197090012912 DANVILLE BLVD ALAMO CAN19736001313 ROXBURY CT ALAMO CAN19206002626 JACKSON N WAY ALAMO CAN18823202396 CREST AVE ALAMO CAN95075022120 BELLA VISTA AVE BAY POINT CAN9805201258 NEPTUNE CT BAY POINT CAN20371000338 MAGNOLIA PL DANVILLE CAN1953400422611 CABALLO RANCHERO DR DIABLO CAN4262220134900 HILLTOP DR EL SOBRANTE CAN425092001499 PEBBLE DR EL SOBRANTE CAN16922201830 HUSTON CT LAFAYETTE CAN1690320083110 TEIGLAND RD LAFAYETTE CAN625000112400 MORGAN TERRITORY RD LIVERMORE VALLEY CAN161280013136 MIDHILL RD MARTINEZ CAN161280015190 MIDHILL RD MARTINEZ CAN358293001808 MARINERS POINTE NULL RODEO CAN357111022639 RODEO AVE RODEO CAN 4031770102745 KEVIN RD SAN PABLO CAN2041600015500 BRUCE DR SAN RAMON CAN1853510141206 JUANITA DR WALNUT CREEK CAN1801000102066 SAN MIGUEL DR WALNUT CREEK CAN1832310072011 DORIS AVE WALNUT CREEK CAN179251005555 LA VISTA RD WALNUT CREEK CAN1831410021346 HERMINE AVE WALNUT CREEK CAN184192005151 CAMELIA LN WALNUT CREEK CAN18415005720 BOULEVARD CT WALNUT CREEK CAN1841200891321 DEWING LN WALNUT CREEK CAN1841500132224 WHYTE PARK AVE WALNUT CREEK CAN188220027125 MEADOW CREST LN WALNUT CREEK CAN19303001915 CAMINO MONTE SOL NULL ALAMO CAN1936800142537 BILTMORE DR ALAMO CAN19221003031 GRAND ROYALE CT ALAMO CAN196110048291 CROSS RD ALAMO CAN19301002420 LEGACY CT ALAMO CAN196041010169 RIDGE RD ALAMO CAN18823204364 CREST AVE ALAMO CAN193010036401 LEGACY DR ALAMO CAN1930100271020 SERAFIX RD ALAMO CAN18823204466 CREST AVE ALAMO CAN196120009191 OAK RD ALAMO CAN187240067100 SAMANTHA CT ALAMO CAN19206002626 JACKSON N WAY ALAMO CAN1910930213115 VIA LARGA NULL ALAMO CAN 18823204262 CREST AVE ALAMO CAN198100006532 HEMME AVE ALAMO CAN193080002335 LAS QUEBRADAS NULL ALAMO CAN196070010268 SMITH RD ALAMO CAN196100012158 OAK RD ALAMO CAN19321000820 ALAMO GLEN TRL ALAMO CAN19321000875 ALAMO GLEN TRL ALAMO CAN98180021245 DRIFTWOOD DR BAY POINT CAN96044005123 FAIRVIEW AVE BAY POINT CAN9603201732 BROADWAY N AVE BAY POINT CAN150900301450 EDEN PLAINS RD BRENTWOOD CAN10510097760 BYRON HWY BYRON CAN719201316800 MARSH CREEK RD CLAYTON CAN206770014932 CONNEMARA CT DANVILLE CAN2068200393074 GRITSTONE ST DANVILLE CAN2068200403070 GRITSTONE ST DANVILLE CAN2068200445045 KERRY HILL ST DANVILLE CAN2068200325026 KERRY HILL ST DANVILLE CAN2068200335030 KERRY HILL ST DANVILLE CAN2068200345034 KERRY HILL ST DANVILLE CAN2068200385050 KERRY HILL ST DANVILLE CAN2068200413066 GRITSTONE ST DANVILLE CAN2068200423062 GRITSTONE ST DANVILLE CAN2068200433058 GRITSTONE ST DANVILLE CAN2068200455041 KERRY HILL ST DANVILLE CAN2067800166214 MASSARA ST DANVILLE CAN2067900016190 MASSARA ST DANVILLE CAN2067900026182 MASSARA ST DANVILLE CAN2067900036174 MASSARA ST DANVILLE CAN2067900056158 MASSARA ST DANVILLE CAN 2068000013000 GRITSTONE ST DANVILLE CAN2068000023004 GRITSTONE ST DANVILLE CAN2068000463005 GRITSTONE ST DANVILLE CAN2068000473001 GRITSTONE ST DANVILLE CAN2068000484990 ENDERBY ST DANVILLE CAN2068000494984 ENDERBY ST DANVILLE CAN206800054424 VENDEEN CT DANVILLE CAN206800055430 VENDEEN CT DANVILLE CAN2067600061266 CHARBRAY ST DANVILLE CAN2067700071354 CHARBRAY ST DANVILLE CAN2067600181281 CHARBRAY ST DANVILLE CAN206770022901 CONNEMARA CT DANVILLE CAN2067900076142 MASSARA ST DANVILLE CAN206800050400 VENDEEN CT DANVILLE CAN1953400422611 CABALLO RANCHERO DR DIABLO CAN1951700161717 CALLE ARROYO NULL DIABLO CAN1953000112220 ALAMEDA DIABLO NULL DIABLO CAN84700013961 LIGHTHOUSE PL DISCOVERY BAY CAN11680004263 TIDEWATER WAY DISCOVERY BAY CAN116900379150 CALYPSO CT DISCOVERY BAY CAN116900389144 CALYPSO CT DISCOVERY BAY CAN116900399138 CALYPSO CT DISCOVERY BAY CAN116900409132 CALYPSO CT DISCOVERY BAY CAN116900229089 TRADEWINDS CIR DISCOVERY BAY CAN116900239095 TRADEWINDS CIR DISCOVERY BAY CAN 116900249101 TRADEWINDS CIR DISCOVERY BAY CAN116900259107 TRADEWINDS CIR DISCOVERY BAY CAN116900269108 TRADEWINDS CIR DISCOVERY BAY CAN116900279102 TRADEWINDS CIR DISCOVERY BAY CAN116900289096 TRADEWINDS CIR DISCOVERY BAY CAN116900299090 TRADEWINDS CIR DISCOVERY BAY CAN116900479133 CALYPSO CT DISCOVERY BAY CAN116900419126 CALYPSO CT DISCOVERY BAY CAN116900429120 CALYPSO CT DISCOVERY BAY CAN116900439114 CALYPSO CT DISCOVERY BAY CAN116900449115 CALYPSO CT DISCOVERY BAY CAN116900469127 CALYPSO CT DISCOVERY BAY CAN116500157113 LAKEHEAD WAY DISCOVERY BAY CAN425310001446 COLINA WAY EL SOBRANTE CAN425310013416 COLINA WAY EL SOBRANTE CAN425310014420 COLINA WAY EL SOBRANTE CAN425310001439 COLINA WAY EL SOBRANTE CAN425310002435 COLINA WAY EL SOBRANTE CAN425310017442 COLINA WAY EL SOBRANTE CAN425310019450 COLINA WAY EL SOBRANTE CAN42606005416 GORDON CT EL SOBRANTE CAN425310020454 COLINA WAY EL SOBRANTE CAN425310021458 COLINA WAY EL SOBRANTE CAN 425310031463 COLINA WAY EL SOBRANTE CAN425310032459 COLINA WAY EL SOBRANTE CAN57202300337 KERR AVE KENSINGTON CAN2019007289 PASTOR LN KNIGHTSEN CAN166420001204 SECLUSION VALLEY WAY LAFAYETTE CAN166420018205 SECLUSION VALLEY WAY LAFAYETTE CAN166420019201 SECLUSION VALLEY WAY LAFAYETTE CAN166420004216 SECLUSION VALLEY WAY LAFAYETTE CAN166420003212 SECLUSION VALLEY WAY LAFAYETTE CAN166420005220 SECLUSION VALLEY WAY LAFAYETTE CAN166420006224 SECLUSION VALLEY WAY LAFAYETTE CAN166420015217 SECLUSION VALLEY WAY LAFAYETTE CAN36610200310 BRANDYWINE WAY MARTINEZ CAN36714001019 GATEWAY ESTATES LN MARTINEZ CAN2041800025600 BRUCE DR PLEASANTON CAN4090110111243 BATTERY ST RICHMOND CAN4092200401835 2ND ST RICHMOND CAN40904201135 ALAMO AVE RICHMOND CAN182130017761 HAZELWOOD DR WALNUT CREEK CAN14021001821 RANI CT WALNUT CREEK CAN18010001424 ADELINE DR WALNUT CREEK CAN18430203816 PARK AVE WALNUT CREEK CAN140220008302 LA CASA VIA NULL WALNUT CREEK CAN140220008300 LA CASA VIA NULL WALNUT CREEK CAN206770022901 CONNEMARA CT DANVILLE CAN 357140037507 Parker Ave Rodeo CAN193111016162 East Ln Alamo CAN1952600041954 Alameda Diablo Diablo CAN571311001401 Colusa Ave Kensington CAN930810282867 Willow Pass Rd Bay Point CAN96020081255 N Bella Monte Ave Bay Point CABella Monte N125120017214 Center Ave Pacheco CAN98210001589 Pacifica Ave Bay Point CAPacifica Landing N198170006300 Camille Ave Alamo CABall Estates N426030070Balmore Ct El Sobrante CABalmore Court N403202011San Pablo Ave San Pablo CATara Hills N1170400865175 Laurel Dr Concord CALaurel Place IV N JurisdictionContra Costa County - UnincorporatedANNUAL ELEMENT PROGRESS REPORTReporting Year2019 (Jan. 1 - Dec. 31)Housing Element Implementation(CCR Title 25 §6202)134RHNA Allocation by Income Level2015 2016 2017 2018 2019 2020 2021 2022 2023Total Units to Date (all years)Total Remaining RHNA by Income LevelDeed Restricted62Non-Deed Restricted1Deed Restricted3 171Non-Deed Restricted81Deed RestrictedNon-Deed Restricted65 28 31 1 4Above Moderate532 276 201 244 434 21413691367349 229 278 669 2191744 460Note: units serving extremely low-income households are included in the very low-income permitted units totalsCells in grey contain auto-calculation formulasTotal RHNATotal UnitsIncome LevelVery LowLow11463This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.129Moderate374218243Please contact HCD if your data is different than the material supplied here1832Table BRegional Housing Needs Allocation ProgressPermitted Units Issued by Affordability31135 JurisdictionContra Costa County - UnincorporatedANNUAL ELEMENT PROGRESS REPORTReporting Year2019 (Jan. 1 - Dec. 31)Housing Element ImplementationDate of RezoneType of Shortfall24567 9 10 11APN Street AddressProject Name+Local Jurisdiction Tracking ID+Date of Rezone Very Low-Income Low-Income Moderate-IncomeAbove Moderate-IncomeType of Shortfall Parcel Size(Acres)General Plan DesignationZoningMinimum Density Allowed Maximum Density AllowedRealistic CapacityVacant/NonvacantDescription of Existing UsesNote: "+" indicates an optional fieldCells in grey contain auto-calculation formulas(CCR Title 25 §6202)Summary Row: Start Data Entry Below83Project Identifier RHNA Shortfall by Household Income CategorySites Description1Sites Identified or Rezoned to Accommodate Shortfall Housing NeedTable C JurisdictionContra Costa County - UnincorporatedReporting Year2019 (Jan. 1 - Dec. 31)123 4Name of Program Objective Timeframe in H.E Status of Program Implementation1. Neighborhood Preservation ProgramImprove the quality of existing housing & neighborhoods.OngoingCounty-wide, there were five homes funded for rehabilitation and three rehabilitation projects completed. Of the three completed projects, one household was extremely low-income (30% AMI), one household was very low-income (50% AMI), and one household was low-income (80% AMI). Three of the aforementioned projects were funded and completed within the unincorporated County with two households at 80% AMI, and one household at 50% AMI. 2. Weatherization ProgramAssist homeowners and renters with minor home repairs.Ongoing189 unduplicated units have been weatherized in County cities, towns, and communities. 164 units were extremely low income (30% AMI) and 25 units were very low income (50% AMI). 3. Code EnforcementMaintain & improve the quality of existing housing & neighborhoods.OngoingThere were a total of 1474 cases opened and 1141 cases closed. Approximately 98% of all cases were residential. 4. Preservation of Affordable Housing Assisted with Public FundsPreserve the existing stock of affordable housing.OngoingThe County awarded $350,000 to CHDC in CDBG funds for the rehabilitation of 30 existing rental units in Richmond affordable to and occupied by low-income families. This project is located in the incorporated area of the County. 5. New Construction of Affordable HousingIncrease the supply of affordable housing, including units affordable to extremely low income households. Annual: Award HOME, CDBG, and HOPWA funds to experienced housing developers (funds are not limited to projects in the unincorporated County)There are no projects to report during this reporting period. 6. Housing Successor to the former Redevelopment AgencyUtilize County owned property (former redevelopment agency) to develop affordable housingDisposition agreements by 2020Construction of the Heritage Point multi-family residential and commercial project in North Richmond began in 2018 for completion and occupancy in 2020. The phase 2 commercial portion of the project is in the finance stage. A General Plan Amendment, to allow 50-99 units per acre) for the Rodeo Senior Housing site was approved November 19, 2019. An Exclusive Negotiating Agreement to develop approximately 40 senior affordable units was approved November 12, 2019. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.Table DProgram Implementation Status pursuant to GC Section 65583ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation(CCR Title 25 §6202) 7. Inclusionary HousingIntegrate affordable housing within market-rate developments.OngoingAn update to the inclusionary housing in-lieu fees for rental and for-sale housing was brought to the Board of Supervisors and approved in December 2018, which became effective in February 2019. There were $67,267.83 in-lieu fees collected during this reporting period. 8. Acquisition/ RehabilitationImprove existing housing and increase supply of affordable housing.Ongoing There are no projects to report during this reporting period. 9. Second UnitsFacilitate the development of second units.OngoingThere were 65 second unit entitlement permits approved and 58 building permits issued for second units. 10. Affordability by DesignDevelop affordability by design program to promote creative solutions to building design and construction.2017 There is nothing to report for this reporting period. 11. New Initiatives ProgramDevelop new programs or policies to fund or incentivize affordable housing development2017 There is nothing to report for this reporting period. 12. Special Needs HousingIncrease the supply of special needs housing.Ongoing There are no projects to report in this reporting period. 13. Developmental Disabled HousingIncrease the supply of housing available to persons with developmental disabilitiesOngoing There were no projects this reporting period in the unincorporated County. 14. Accessible HousingIncrease the supply of accessible housing.Ongoing There are no projects to report during this reporting period. 15. Reasonable AccommodationIncrease the supply of special needs and accessible housing.OngoingThrough the Neighborhood Preservation Program, the County funded two projects that consisted of accessibility upgrades. These projects included exterior surfacing improvements to remedy unevenness, cracking, and other tripping hazards. 16. Contra Costa Interagency Council on HomelessnessMeet the housing & supportive services needs of the homelessOngoingThis program is currently known as the Council on Homelessness. They continue to support the development of permanent supportive housing. Hearth Act funds are used for the support of existing permanent supportive housing units or placement of people into permanent supportive housing. 17. Farmworker HousingIncrease the supply of farmworker housing Annually: Include farmworker housing in CDBG, HOME NOFA (See #5 above)There are no projects to report in this reporting period. 18. First-Time Homebuyer OpportunitiesProvide additional homeownership opportunities.OngoingThe County provided 42 households with Mortgage Credit Certificates (MCC) throughout the county and cities with a total of $3,019,587 in MCCs. 19. Extremely Low Income HousingPromote development of housing affordable to extremely low income households.Annually: Include a priority for extremely-low income housing in CDBG, HOME, HOPWA NOFA (See #5 above)The County continues to provide funding preferences to developers who include units that are affordable to extremely-low income households. There were a total of 165 extremely low income housing projects during this reporting period (See Neighborhood Preservation Program and Weatherization Program). 20. Sites InventoryProvide for adequate housing sites, including ‘as-right development’ sites for homeless facilitiesOngoing maintenance of site inventory.There are no changes or updates for this reporting period. 21. Mixed-Use DevelopmentsEncourage mixed-use developments.2015 – 2016: Review existing ordinance and development patterns.2016 – 2017: Draft outline of revised ordinance and meet with stakeholder groups2017 – 2018: Determine whether or not to draft and adopt revised ordinanceThe County is reviewing the existing ordinance with the General Plan update. 22. Density Bonus & Other Development IncentivesSupport affordable housing development.Ongoing There is nothing to report for this reporting period. 23. Infill Development Facilitate infill development.Biennially: Review site inventory, adjust for planned and completed developmentsBiennially: Review site inventory and adjust for planned and completed developmentsThere is nothing to report for this reporting period. 24. Planned Unit DistrictProvide flexibility in design for residential projects.Ongoing There is nothing to report for this reporting period.25. Development Fees Reduce the cost of development Ongoing There are no updates to report during this period. 26. Quick Turn-around ProgramDevelop program to expedite review of small projects, and conditions of approval2016This program continues to be utilized for ensuring expedited review of infill projects and various planning applications including tree permits, variances, and design reviews. 27. Review of Zoning & Subdivision OrdinancePeriodically review subdivision ordinance to ensure it does not unduly constrain housing development.Revise zoning code to allow emergency shelters by right, single room occupancy housing, transitional and permanent supportive housing, and agricultural worker housing.By December 31, 2014: Adopt emergency housing and single room occupancy ordinance. (adopted 11/4/2014)1st quarter 2015: Adopt Agricultural worker housing, permanent supportive, and transitional housing zoning text changesOngoing: period review of zoning and subdivision ordinancesThe County is reviewing the existing zoning ordinance with the General Plan update. 28. Coordinated County Department Review of Development ApplicationsExpedite application review through a better coordinated process with other County departments.OngoingThe County continues to coordinate and work with other various County departments and agencies when processing new applications. Regular meetings between community development, building inspection, and public works are scheduled to discuss the review and processing of applications and fees. 29. Anti-Discrimination ProgramPromote fair housing. OngoingThe County Board of Supervisors adopted a Countywide 2020-2025 Analysis of Impediments/Assessment to Fair Housing Choice report on June 11, 2019. The County worked with the Cities of Antioch, Concord, Pittsburg, and Walnut Creek as well as the three Public Housing Authorities in Contra Costa County to prepare this report. 30. Residential Displacement ProgramLimit number of households being displaced or relocated because of County sponsored programs or projects.Ongoing There is nothing to report this period within the unincorporated County. 31. Residential Energy Conservation ProgramParticipate in Bay Area regional efforts to reduce energy consumption.2015: Review examples of guidelines for solar retrofit2016: Draft County guidelines2017: Adopt guidelinesSolar permits for roof-mounted residential PV systems are available on-line under the Application and Permit Center web page. Instructions for in-person and on-line submittal for expedited review is posted on the County’s web page. The number of residenial solar permits issued is 1,307. The County also participates in the Bay Area Regional Energy Network (BayREN), one (1) of three (3) Regional Energy Networks (RENs) established under the auspices of the California Public Utilities Commission. The program is led by the Association of Bay Area Governments in coordination with the nine bay area counties and provides rebates for owners and property managers that make specific energy efficiency improvements to single-family and multi-family buildings. There were 1,689 single-family home upgrades and 1,031 multi-family unit upgrades Countywide, which includes 41 single-family unit upgrades in unincorporated County. General Comments: JurisdictionContra Costa County - ANNUAL ELEMENT PROGRESS REPORTReporting Period2019 (Jan. 1 - Dec. 31)Housing Element ImplementationDescription of Commercial Development BonusCommercial Development Bonus Date Approved34APN Street AddressProject Name+Local Jurisdiction Tracking ID+Very LowIncomeLowIncomeModerateIncomeAbove ModerateIncomeDescription of Commercial Development BonusCommercial Development Bonus Date ApprovedSummary Row: Start Data Entry BelowUnits Constructed as Part of Agreement Commercial Development Bonus Approved pursuant to GC Section 65915.7Table ENote: "+" indicates an optional fieldProject Identifier12(CCR Title 25 §6202)Cells in grey contain auto-calculation formulasAnnual Progress Report January 2020 JurisdictionContra Costa County - ANNUAL ELEMENT PROGRESS REPORTNote: "+" indicates an optional fieldReporting Period2019 (Jan. 1 - Dec. 31)Housing Element ImplementationCells in grey contain auto-calculation formulas(CCR Title 25 §6202)Extremely Low-Income+Very Low-Income+Low-Income+TOTAL UNITS+Extremely Low-Income+Very Low-Income+Low-Income+TOTAL UNITS+Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsTotal Units by IncomeTable F This table is optional. Jurisdictions may list (for informational purposes only) units that do not count toward RHNA, but were substantially rehabilitated, acquired or preserved. To enter units in this table as progress toward RHNA, please contact HCD at APR@hcd.ca.gov. HCD will provide a password to unlock the grey fields. Units may only be credited to the table below when a jurisdiction has included a program in its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA which meet the specific criteria as outlined in Government Code section 65583.1(c)(2). Activity TypeUnits that Do Not Count Towards RHNA+Listed for Informational Purposes OnlyUnits that Count Towards RHNA +Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.The description should adequately document how each unit complies with subsection (c)(7) of Government Code Section 65583.1+Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)(2)Annual Progress Report January 2020 JurisdictionContra Costa County - Reporting Period2019 (Jan. 1 - Dec. 31)ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation4APN Street AddressProject Name+Local Jurisdiction Tracking ID+Realistic Capacity Identified in the Housing ElementEntity to whom the site transferredIntended Use for Site1Summary Row: Start Data Entry BelowNote: "+" indicates an optional fieldCells in grey contain auto-calculation formulas(CCR Title 25 §6202)Table GLocally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed ofProject IdentifierNOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. JurisdictionCosta County - UnincorporatedReporting Year2019 (Jan. 1 - Dec. 31)Current YearDeed Restricted0Non-Deed Restricted0Deed Restricted0Non-Deed Restricted1Deed Restricted0Non-Deed Restricted421421989090000Income Rental Ownership TotalVery Low000Low000Moderate000Above Moderate000Total000Cells in grey contain auto-calculation formulasVery LowLowModerateAbove ModerateUnits Constructed - SB 35 Streamlining PermitsNumber of Streamlining Applications ApprovedTotal Developments Approved with StreamliningTotal Units Constructed with StreamliningTotal Housing Applications Submitted:Number of Proposed Units in All Applications Received:Total Housing Units Approved:Total Housing Units Disapproved:Total UnitsHousing Applications SummaryUse of SB 35 Streamlining ProvisionsNote: Units serving extremely low-income households are included in the very low-income permitted units totalsNumber of Applications for StreamliningBuilding Permits Issued by Affordability SummaryIncome Level RECOMMENDATION(S): 1. RECEIVE the annual progress report by the Department of Conservation and Development (DCD) on implementation of the Contra Costa County General Plan 2005-2020, fulfilling the obligation of the County planning department under California Government Code section 65400. 2. ACCEPT the General Plan annual progress report and DIRECT DCD staff to forward the report to the Governor's Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD), as required under California Government Code section 65400. FISCAL IMPACT: No fiscal impact. BACKGROUND: California Government Code section 65400 requires the planning agency for certain cities and all 58 counties to submit an annual report to their legislative body (city council or board of supervisors, respectively), OPR, and HCD on the status of their General Plan and progress on its implementation. The annual report provides the local legislative body with information regarding the status of its General Plan and gives OPR the opportunity to identify statewide trends in land use decision making, including how local APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Daniel Barrios (925) 674-7788 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.108 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Annual Update on Implementation of the County General Plan for 2019 BACKGROUND: (CONT'D) planning and development activities relate to statewide planning goals and policies. Additionally, it enables OPR to track progress on a local jurisdiction's General Plan in terms of its comprehensiveness and consistency with the current OPR General Plan Guidelines and other State mandates. There is no standardized form or format for preparation of the General Plan Annual Progress Report. OPR allows each jurisdiction to determine which locally-relevant issues are important to include, but does suggest general content to cover within the report. The attached report covering calendar year 2019 follows the general guidance of OPR in terms of content. Staff notes that under a separate section of the Government Code, all local jurisdictions are required to submit a report to HCD on certain housing-related information, including the jurisdiction's progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to development of housing. On March 10, 2020, the Board is scheduled to consider accepting the County's General Plan Housing Element Progress Report for 2019. Information in that report is incorporated into the attached General Plan Annual Progress Report. Staff calls to the Board's attention the County's progress in meeting its share of regional housing needs. Current data indicates that through calendar year 2019, the fifth year of the current eight-year Housing Element cycle, the County has issued building permits for 127.6 percent of its allocated share of the region's housing needs. During this year, the County issued permits for 219 units, including one low-income, four moderate-income, and 214 above-moderate income units. The County is now on pace to exceed its allocation for all income categories except very-low. Fulfilling the very-low allocation requires issuance of 104 permits annually for the final three years of the Housing Element cycle, whereas only 63 total permits have been issued over the first five years. CONSEQUENCE OF NEGATIVE ACTION: State law requires DCD to submit this report to the Board of Supervisors prior to submitting it to OPR and HCD. The purpose of this report is to provide an update to the Board of Supervisors on implementation of the County General Plan. ATTACHMENTS 2019 General Plan Annual Progress Report Table B: RHNA Progress (2019 Housing Element Progress Report to HCD) Table D: RHNA Progress (2019 Housing Element Progress Report to HCD) CONTRA COSTA COUNTY 2019 GENERAL PLAN ANNUAL PROGRESS REPORT Submitted to Contra Costa County Board of Supervisors March 10, 2020 Prepared by Contra Costa County Department of Conservation and Development TABLE OF CONTENTS I. INTRODUCTION/PURPOSE OF ANNUAL REPORT…………………………………………1 II. GENERAL PLAN STATUS AND IMPLEMENTATION………………………………………..1 A. GENERAL PLAN BACKGROUND………………………………………………………….1 B. ADOPTED GENERAL PLAN AMENDMENTS, CALENDAR YEAR 2019……………..2 C. GENERAL PLAN AMENDMENTS AND OTHER ACTIVITIES RELATED TO GENERAL PLAN IMPLEMENTATION INITIATED I N 2019 ……………………...……...2 D. COMPLIANCE WITH OFFICE OF PLANNING AND RESEARCH (OPR) GENERAL PLAN GUIDELINES AND ASSOCIATED DIRECTIVES……………………3 III. HOUSING ELEMENT IMPLEMENTATION AND PROGRESS IN MEETING SHARE OF REGIONAL HOUSING NEEDS……………………………………………………4 A. SHARE OF REGIONAL HOUSING NEED …………………………………………………4 B. HOUSING PRODUCTION………………………………………………………....…………5 C. BARRIERS TO HOUSING DEVELOPMENT AND AFFORDABLE HOUSING ACTIVITY IN CALENDAR YEAR 2019 ……………………………………………………..5 IV. GOALS, OBJECTIVES, AND WORK ACTIVITIES RELATED TO GENERAL PLAN IMPLEMENATION FOR CALENDAR YEARS 2020 AND 202 1……………..………6 1 I. INTRODUCTION/PURPOSE OF ANNUAL REPORT Purpose of this report is to comply with California Government Code section 65400(b)(1), which mandates that all cities and counties submit to their legislative bodies an annual report on the status of their General Plan and progress in its implementation. A copy of this report will, as required under the statute, be provided to the Governor’s Office of Plan ning and Research (OPR) and California Department of Housing and Community Development (HCD). The County will provide a separate rep ort to HCD in fulfillment of a statutory requirement to report certain housing information, including the County’s progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to maintenance, improvement, and development of housing, as defined in Government Code sections 65584 and 65583. In compliance with Government Code Section 65400(b)(1), this General Plan Annual Progress Report covering calendar year 2019 has been prepared for the Contra Costa County Board of Supervisors’ consideration and acceptance. This report: 1. Summarizes the status of the Contra Costa County General Plan and describes steps taken to implement Genera l Plan policies in 2019; 2. Provides a summary of Gene ral Plan Amendments (GPAs) a dopted by the Board of Supervisors in 2019; 3. Describes Housing Element impleme ntation pursuant to Government Code sections 65584 and 65583(c)(3); and 4. Concludes with a discussion on goals, objectives, and work activities related to General Plan implementation for calendar years 2020 and 2021. II. GENERAL PLAN STATUS AND IMPLEMENTATION A. GENERAL PLAN BACKGROUND The Contra Costa County Department of Conservation and Development (DCD) is a division of the planning agency for the unincorporated area of Contra Costa County and is responsible for proper preparation and administration of the County General Plan (County Ordinance Code section 26-2.808[1]). The Board of Supervisors adopted a comprehensive General Plan in January 1991 following an extensive public outreach and participation process initiated in 1986. This updated General Plan superseded the County’s prior General Plan (and each of the previously adopted elements), and consolidated several area -specific General Plans into one comprehensive document. The General Plan was re-adopted by the Board of Supervisors in July 1996 to consolidate General Plan Amendments approved between 1991 to 1995 and correct minor errors and omissions discovered in the original 1991 General Plan t ext. This reconsolidated General Plan covered the period from 1995 through 2010. The General Plan was re -adopted again in January 2005 to consolidate General Plan Amendments adopted between 1995 and 2004, Contra Costa County 2019 General Plan Annual Progress Report 2 revise text and maps to reflect the 1999 incorporation of the City of Oakley (formerly an unincorporated community covered under the County General Plan), and incorporate the 2001 Housing Element update. The second County General Plan “reconsolidation” covers the period from 2005 through 2020. Government Code section 65302 specifies the seven mandatory General Plan elements . Each mandatory element of the County General Plan was prepared or updated in compliance with the State of California General Plan Guidelines published by OPR. Local jurisdictions may also include optional elements as they see fit. The County General Pl an includes two such elements. Table 1 indicates the status of each General Plan element, including the year it was originally adopted and the year it was most recently revised . TABLE 1: STATUS OF GENERAL PLAN ELEMENTS Element First Adopted Last Revised Land Use 1963 2005 Transportation/Circulation 1963 2005 Housing 1970 2014 Conservation 1973 2005 Open Space 1973 2005 Safety 1975 2005 Noise 1975 2005 Growth Management (optional) 1991 2005 Public Facilities/Services (optional) 1972 2005 B. ADOPTED GENERAL PLAN AMENDMENTS FOR CALENDAR YEAR 2019 Pursuant to Government Code section 65358(b), the County may amend the mandatory General Plan elements up to four times per calendar year. However, each amendment may include more than one change to the General Plan. DCD refers to amendments to the mandatory elements as “consolidated” because each may consolidate multiple changes in one action. The Board of Supervisors, acting in its capacity as the legislative body for the unincorporated areas of Contra Costa County, adopted two amendments to the County General Plan during calendar year 201 9, which are summarized as follows:  1st Consolidated General Plan Amendment AYM Center Avenue Project (County File GP#16-0007): Amended the Land Use Element Map to to change the subject property’s land use designation from Office (OF) to Multiple-Family Residential Medium Density (MM) in support of an eight-unit townhouse development on a 0.49 -acre site. Adopted by the Board of Supervisors on May 7, 2019. Project i nitiated by the private sector. Contra Costa County 2019 General Plan Annual Progress Report 3  2nd Consolidated General Plan Amendment Habitat for Humanity Pacifica Landing Project (County File GP#18-0004): Amended the Land Use Element map to change the subject property’s land use designation from Single-Family Residential Medium Density (SM) to Multiple -Family Residential Medium Density (MM) in support of a 29-unit townhouse development on a 2.42-acre site. Adopted by the Board of Supervisors on July 9, 2019. Project initiated by the private sector.  3rd Consolidated General Plan Amendment Rodeo Senior Housing Successor Site (County File GP#18-0007): Amended the Land Use Element map to change the subject property’s land use designation from Commercial (CO) to Multiple-Family Residential Very High Special Density (MS) in support of a multi-family residential development for up to 90 units on a 0.98-acre site. Adopted by the Board of Supervisors on July 9, 2019. Project initiated by the County’s Housing Successor Agency. C. GENERAL PLAN AMENDMENTS AND OTHER ACTIVI TIES RELATED TO GENERAL PLAN IMPLEMENTATION INITIATED IN 201 9 All proposals to amend the General Plan, whether initiated by the private sector or the County, must be preliminarily reviewed by the Board of Supervisors before DCD may proceed with the full GPA process. The following proposals were preliminarily reviewed by the Board of Supervisors in 2019:  Solar Energy Facilities GPA (County File GP#19-0001): A County-initiated amendment to the 2005-2020 General Plan to allow commercial/distribution-scale solar energy generating facilities in areas designated on the Land Use Element Map as Commercial (CO), Light Industry (LI), Heavy Industry (HI), and conditionally allow in Agri cultural Lands (AL), and Public and Semi-Public (PS).  Pantages Trails Project GPA (County File GP#19-0002): A private-sector request to amend the Land Use Element Map to redesignate ten parcels from Open Space (OS), Single-Famil y Residential High Density (SH) and Single-Family Residential Medium Density (SM) to OS, SH, Parks and Recreation (PR), and Public and Semi -Public (PS) to allow for 277 single-family residences and associated amenities.  The Field Semester Project GPA (County File: GP#19-0003): A private-sector request to amend the Land Use Element Map to redesignate four parcels from Parks and Recreation (PR) and Open Space (OS) to Public and Semi -Public (PS) to allow for a private educational facility.  Saranap Area Policies GPA (County File: GP#19-0004): A County-initiated amendment to the Land Use Element to add a new vision statement, new and amended policies, new implementation measures, and a new specific area map for the Saranap Area and Boulevard Way Mixed-Use Corridor sub-area. Contra Costa County 2019 General Plan Annual Progress Report 4 D. COMPLIANCE WITH OFFICE OF PLANNING A ND RESEARCH GENERAL PLAN GUIDELINES AND ASSOCIATED DIRECTIVES Government Code section 65400 requires jurisdictions to discuss the degree to which the adopted General Plan complies with the General Plan Guidelines. The Guidelines provide a definitive interpretation of State statutes and case law as they relate to the General Plan. Additionally, the Guidelines outline the general framework for preparation and revision of a General Plan, Attorney General Opinions, and the relationship of the Genera l Plan to the requirements of the California Environmental Quality Act (CEQA). The Guidelines are advisory in nature rather than prescriptive, and thereby preserve opportunities for a local jurisdiction to address contemporary planning topics i n a locally appropriate manner. OPR issued a comprehensive update to the Guidelines in August 2017. This new version includes topics and issues currently not addressed in the General Plan, such as climate change, environmental justice, and community health. The County will address these and other topics as part of the upcoming General Pl an update (see discussion below). In addition to the General Plan Guidelines, OPR has issued other advisories and guidance related to State planning law requirements for cities and counties. DCD has endeavored to incorporate these advisories into the County’s planning process. For example, in November 2005 OPR issued a supplement to the Guidelines providing advisory guidance on the process for consultation with California Native American tribes during adoption or amendment of local General Plans or Specific Plans in order to protect Traditional Tribal Cultural Places (also known as SB 18 Tribal Consultation). DCD has established a protoco l for SB 18 Tribal Consultation on General Plan Amendments and Specific Plans in accordance with the November 2005 guidance. In December 2010 OPR provided guidance on amending circulation elements in response to AB 1358 (Leno), The California Complete Streets Act, which requires cities and counties to plan for development of multi-modal transportation networks. In 2008, the Board of Supervisors amended the Land Use, Transportation and Circulation, and Open Space Elements of the General Plan to include l anguage supporting the Complete Streets philosophy. Then in July 2016 the Board adopted the Complete Streets Policy of Contra Costa County, which builds upon the 2008 amendments. Pursuant to AB 1358, Complete Streets/multi -modal transportation planning will be fully integrated into the Transportation and Circulation Element upon its next substantial revision, which is anticipated to occur in 2020 (see below). OPR has also worked to improve communication and encourage collaboration between local governments and the United States military on land use planning and development issues in response to passage in 2002 of SB 1468 (Knight) and SB 1462 (Kuehl) in 2004. DCD has established a protocol to determine whether notification to the U.S. military is necessary if a project is located within 1,000 feet of a military installation or within special airspace as defined in the Public Resources Code section 21098. DCD uses the California Military Land Use Compatibility Analyst, which was prepared by the State Resources Agency in conjunction with OPR to help cities and counties find the location of military installations Contra Costa County 2019 General Plan Annual Progress Report 5 and training facilities within their jurisdiction and to determine whether a project triggers notification to the U.S. military. III. HOUSING ELEMENT IMPL EMENTION AND PROGRESS IN MEETING THE COUNTY’S SHARE OF REGIONAL HOUSING NEEDS The Board of Supervisors preliminarily approved the County General Plan Housi ng Element in 1970, approximately one year after State law established the element as one of the mandatory General Plan elements. The Housing Element was formally adopted by the Board in December 1980 following new mandates established in the mid -1970s, and has been updated several times as part of the mandated cycle of Housing Element updates adopted by the State Legislature beginning in 1985. The current Housing Element, which HCD certified on March 11, 2015, sets forth the County’s housing goals, objecti ves, policies, and implementation measures. The attached tables (B and D) are from Contra Costa County’s Annual Housing Element Progress Report for 2019. These tables contain detailed information pertaining to progress and implementation activities for the 5th Cycle Housing Element planning period, which began January 31, 2015, and ends in 2023. A. SHARE OF REGIONAL HOUSING NEED Table 2 summarizes the County’s share of projected regional housing needs in the San Francisco Bay Area over the 5th Cycle Housing Element planning period. TABLE 2: SHARE OF REGIONAL HOUSING NEEDS Regional Housing Needs Allocation (RHNA) by Income Category for San Francisco Bay Area and Contra Costa County, 2015 -2023 State Affordability - Income Category SF Bay Area Total RHNA Contra Costa County RHNA Unincorporated + Cities Unincorporated only Very-Low Income 46,680 5,264 374 Low Income 28,940 3,086 218 Moderate Income 33,420 3,496 243 Above-Moderate Income 78,950 8,784 532 TOTAL Housing Need 187,990 20,630 1,367 The RHNA for the 5th Cycle was adopted by the Associatio n of Bay Area Governments (ABAG) in July 2013.1 1 Source: https://abag.ca.gov , Regional Housing Need Plan for the San Francisco Bay Area: 2014 -2022 Contra Costa County 2019 General Plan Annual Progress Report 6 B. HOUSING PRODUCTION Table 3 provides a breakdown by income level of the County’s housing production for 2019 along with a running total for the current Housing Element cycle. TABLE 3: UNIT COUNT - UNINCORPORATED COUNTY HOUSING PRODUCTION Income Level RHNA by Income Level Permits Issued in 20192 Total 5th Cycle Permits Issued3 Total RHNA Remaining Very-Low Deed Restricted 374 0 (0.0%) 62 (16.5%) 311 Non-Restricted 0 (0.0%) 1 (0.002%) Low Deed Restricted 218 0 (0.0%) 174 (78.4%) 35 Non-Restricted 1 (0.0%) 9 (4.1%) Moderate 243 4 (1.6%) 129 (53.1%) 114 Above-Moderate 532 214 (40.2%) 1,369 (257.3%) 0 TOTAL 1,367 219 (16.0%) 1,744 (127.6%) 460 The County issued 219 permits for new residential units in 2019, equaling 16 percent of the entire eight-year 5th Cycle RHNA. This represents a 67 percent decrease from the County’s 2018 RHNA production. Through 2019, the fifth year of the eight -year cycle, the County has issued permits for 127.6 percent of its gross RHNA and has already doubled its share of above-moderate-income units since 2017. During 2019, the County issued one permit for units that would be affordable to very low - or low-income households (income at 51 to 80 percent of the area median income [AMI] for Contra Costa County). The County is now on pace to exceed its RHNA for all income categories except very -low. Fulfilling the very-low allocation requires issuance of 104 permits annually for the final three years the 5 th Cycle, whereas only 63 total permits have been issued over the first four years. C. BARRIERS TO HOUSING DEVELOPMENT AND AFFORDABLE HOUSING ACTIVITY IN CALENDAR YEAR 2019 Market factors such as the high cost of land suitable for residential development and high construction costs continue to be the most significant constraints on development of affordable housing in Contra Costa County. The County attempts to counter these and other factors with 31 housing programs, which are identified in the General Plan Housing Element, aimed at rehabilitating existing housing stock, developing affordable rental housing, and expanding homeownership opportunities. The key funding sources t he County utilizes include Community Development Block Grant (CDBG), HOME Investment 2 Percentages in this column are for units permitted during 2019 relative to the RHNA for each income category. 3 Percentages in this column are cumulative for units permitted during the 5th Cycle relative to the RHNA for each income category. Contra Costa County 2019 General Plan Annual Progress Report 7 Partnerships Act, Emergency Solutions Grant Funds, Housing Opportunities for Persons with AIDS (HOPWA), Mental Health Services Act, Housing Successor (former Redevelopment Set- Aside) Funds, bond financing, Mortgage Credit Certificates, low -income housing tax credits, and Section 8 Assistance. Table D, attached, briefly outlines the housing programs contained in the Housing Element and describes their 2019 performance. Notable County actions include:  The Housing Successor to the former Redevelopment Agency’s Rodeo Senior Housing site (up to 90 senior affordable units) was granted approval of a General Plan Amendment to allow its development.  Providing 42 Mortgage Credit Certificates worth $3.02 million for first -time homebuyers.  Issuing $350,000 in CDBG funds for rehabilitation of 30 existing rental units in the City of Richmond which are affordable to, and occupied by, low -income families.  Weatherizing 189 residential units (164 extremely-low income and 25 very-low income).  Issued 58 building permits for Accessory Dwelling Units (formerly “second units”).  The updated Inclusionary Housing Ordinance became effective in February 2019. During this reporting period, a total o f $67,267.83 of in-lieu were collected. A barrier to affordable housing also exists in the form of discrimination. Contra Costa County affirmatively furthers fair housing through the ongoing support of fair housing counseling, education, and outreach activities. In addition, all housing projects funded by the County are required to undertake broad marketing activities in a manner consistent with federal and State fair housing laws, including outreach to underserved populations. The Analysis of Impediments to Fair Housing was adopted by the Board of Supervisors in 2010 and updated April 2017. IV. GOALS, OBJECTIVES, A ND WORK ACTIVITIES R ELATED TO GENERAL PL AN IMPLEMENTION FOR CAL ENDAR YEARS 2019 AND 20 20 General Plan Update The planning period for the County General Plan extends through calendar year 2020. In December 2017, the Board of Supervisors directed DCD staff to prepare updates to the General Plan and Zoning Code for the Board’s consideration . Among numerous content improvements, the updated General Plan will address economic development, community health, climate change, and environmental justice, which will be woven into the entire General Plan to fully implement SB 1000; include a n entirely rewritten Transportation and Circulation Element to fully integrate SB 743 and Complete Streets; and be consistent with the most recent versions of numerous regional planning documents adopted since the General Plan was last updated, such as Plan Bay Area 2040, the Bay Area Air Quality Management District’s 2017 Clean Air Plan, the Delta Protection Commission's updated Land Use and Resource Management Plan for the Primary Zone of the Delta , and the Contra Costa County Hazard Mitigation Plan. The General Plan wi ll also be reformatted entirely to improve usability. Work Contra Costa County 2019 General Plan Annual Progress Report 8 on the General Plan update began in September 2019 and will extend through 2020. DCD staff anticipates presenting a draft Land Use Element map and draft community profiles in upcoming meetings, both of which highlight the extensive and ongoing outreach efforts and collaboration with the local communities. List of Attachments (Tables taken from 201 9 Housing Element Progress Report to HCD) Table B: Regional Housing Needs Allocation Progress Table D: Program Implementation Status JurisdictionContra Costa County - UnincorporatedANNUAL ELEMENT PROGRESS REPORTReporting Year2019 (Jan. 1 - Dec. 31)Housing Element Implementation(CCR Title 25 §6202)134RHNA Allocation by Income Level2015 2016 2017 2018 2019 2020 2021 2022 2023Total Units to Date (all years)Total Remaining RHNA by Income LevelDeed Restricted62Non-Deed Restricted1Deed Restricted3 171Non-Deed Restricted81Deed RestrictedNon-Deed Restricted65 28 31 1 4Above Moderate532 276 201 244 434 21413691367349 229 278 669 2191744 460Note: units serving extremely low-income households are included in the very low-income permitted units totalsCells in grey contain auto-calculation formulasTotal RHNATotal UnitsIncome LevelVery LowLow11463This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.129Moderate374218243Please contact HCD if your data is different than the material supplied here1832Table BRegional Housing Needs Allocation ProgressPermitted Units Issued by Affordability31135 JurisdictionContra Costa County - UnincorporatedReporting Year2019 (Jan. 1 - Dec. 31)123 4Name of Program Objective Timeframe in H.E Status of Program Implementation1. Neighborhood Preservation ProgramImprove the quality of existing housing & neighborhoods.OngoingCounty-wide, there were five homes funded for rehabilitation and three rehabilitation projects completed. Of the three completed projects, one household was extremely low-income (30% AMI), one household was very low-income (50% AMI), and one household was low-income (80% AMI). Three of the aforementioned projects were funded and completed within the unincorporated County with two households at 80% AMI, and one household at 50% AMI. 2. Weatherization ProgramAssist homeowners and renters with minor home repairs.Ongoing189 unduplicated units have been weatherized in County cities, towns, and communities. 164 units were extremely low income (30% AMI) and 25 units were very low income (50% AMI). 3. Code EnforcementMaintain & improve the quality of existing housing & neighborhoods.OngoingThere were a total of 1474 cases opened and 1141 cases closed. Approximately 98% of all cases were residential. 4. Preservation of Affordable Housing Assisted with Public FundsPreserve the existing stock of affordable housing.OngoingThe County awarded $350,000 to CHDC in CDBG funds for the rehabilitation of 30 existing rental units in Richmond affordable to and occupied by low-income families. This project is located in the incorporated area of the County. 5. New Construction of Affordable HousingIncrease the supply of affordable housing, including units affordable to extremely low income households. Annual: Award HOME, CDBG, and HOPWA funds to experienced housing developers (funds are not limited to projects in the unincorporated County)There are no projects to report during this reporting period. 6. Housing Successor to the former Redevelopment AgencyUtilize County owned property (former redevelopment agency) to develop affordable housingDisposition agreements by 2020Construction of the Heritage Point multi-family residential and commercial project in North Richmond began in 2018 for completion and occupancy in 2020. The phase 2 commercial portion of the project is in the finance stage. A General Plan Amendment, to allow 50-99 units per acre) for the Rodeo Senior Housing site was approved November 19, 2019. An Exclusive Negotiating Agreement to develop approximately 40 senior affordable units was approved November 12, 2019. Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.Table DProgram Implementation Status pursuant to GC Section 65583ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation(CCR Title 25 §6202) 7. Inclusionary HousingIntegrate affordable housing within market-rate developments.OngoingAn update to the inclusionary housing in-lieu fees for rental and for-sale housing was brought to the Board of Supervisors and approved in December 2018, which became effective in February 2019. There were $67,267.83 in-lieu fees collected during this reporting period. 8. Acquisition/ RehabilitationImprove existing housing and increase supply of affordable housing.Ongoing There are no projects to report during this reporting period. 9. Second UnitsFacilitate the development of second units.OngoingThere were 65 second unit entitlement permits approved and 58 building permits issued for second units. 10. Affordability by DesignDevelop affordability by design program to promote creative solutions to building design and construction.2017 There is nothing to report for this reporting period. 11. New Initiatives ProgramDevelop new programs or policies to fund or incentivize affordable housing development2017 There is nothing to report for this reporting period. 12. Special Needs HousingIncrease the supply of special needs housing.Ongoing There are no projects to report in this reporting period. 13. Developmental Disabled HousingIncrease the supply of housing available to persons with developmental disabilitiesOngoing There were no projects this reporting period in the unincorporated County. 14. Accessible HousingIncrease the supply of accessible housing.Ongoing There are no projects to report during this reporting period. 15. Reasonable AccommodationIncrease the supply of special needs and accessible housing.OngoingThrough the Neighborhood Preservation Program, the County funded two projects that consisted of accessibility upgrades. These projects included exterior surfacing improvements to remedy unevenness, cracking, and other tripping hazards. 16. Contra Costa Interagency Council on HomelessnessMeet the housing & supportive services needs of the homelessOngoingThis program is currently known as the Council on Homelessness. They continue to support the development of permanent supportive housing. Hearth Act funds are used for the support of existing permanent supportive housing units or placement of people into permanent supportive housing. 17. Farmworker HousingIncrease the supply of farmworker housing Annually: Include farmworker housing in CDBG, HOME NOFA (See #5 above)There are no projects to report in this reporting period. 18. First-Time Homebuyer OpportunitiesProvide additional homeownership opportunities.OngoingThe County provided 42 households with Mortgage Credit Certificates (MCC) throughout the county and cities with a total of $3,019,587 in MCCs. 19. Extremely Low Income HousingPromote development of housing affordable to extremely low income households.Annually: Include a priority for extremely-low income housing in CDBG, HOME, HOPWA NOFA (See #5 above)The County continues to provide funding preferences to developers who include units that are affordable to extremely-low income households. There were a total of 165 extremely low income housing projects during this reporting period (See Neighborhood Preservation Program and Weatherization Program). 20. Sites InventoryProvide for adequate housing sites, including ‘as-right development’ sites for homeless facilitiesOngoing maintenance of site inventory.There are no changes or updates for this reporting period. 21. Mixed-Use DevelopmentsEncourage mixed-use developments.2015 – 2016: Review existing ordinance and development patterns.2016 – 2017: Draft outline of revised ordinance and meet with stakeholder groups2017 – 2018: Determine whether or not to draft and adopt revised ordinanceThe County is reviewing the existing ordinance with the General Plan update. 22. Density Bonus & Other Development IncentivesSupport affordable housing development.Ongoing There is nothing to report for this reporting period. 23. Infill Development Facilitate infill development.Biennially: Review site inventory, adjust for planned and completed developmentsBiennially: Review site inventory and adjust for planned and completed developmentsThere is nothing to report for this reporting period. 24. Planned Unit DistrictProvide flexibility in design for residential projects.Ongoing There is nothing to report for this reporting period.25. Development Fees Reduce the cost of development Ongoing There are no updates to report during this period. 26. Quick Turn-around ProgramDevelop program to expedite review of small projects, and conditions of approval2016This program continues to be utilized for ensuring expedited review of infill projects and various planning applications including tree permits, variances, and design reviews. 27. Review of Zoning & Subdivision OrdinancePeriodically review subdivision ordinance to ensure it does not unduly constrain housing development.Revise zoning code to allow emergency shelters by right, single room occupancy housing, transitional and permanent supportive housing, and agricultural worker housing.By December 31, 2014: Adopt emergency housing and single room occupancy ordinance. (adopted 11/4/2014)1st quarter 2015: Adopt Agricultural worker housing, permanent supportive, and transitional housing zoning text changesOngoing: period review of zoning and subdivision ordinancesThe County is reviewing the existing zoning ordinance with the General Plan update. 28. Coordinated County Department Review of Development ApplicationsExpedite application review through a better coordinated process with other County departments.OngoingThe County continues to coordinate and work with other various County departments and agencies when processing new applications. Regular meetings between community development, building inspection, and public works are scheduled to discuss the review and processing of applications and fees. 29. Anti-Discrimination ProgramPromote fair housing. OngoingThe County Board of Supervisors adopted a Countywide 2020-2025 Analysis of Impediments/Assessment to Fair Housing Choice report on June 11, 2019. The County worked with the Cities of Antioch, Concord, Pittsburg, and Walnut Creek as well as the three Public Housing Authorities in Contra Costa County to prepare this report. 30. Residential Displacement ProgramLimit number of households being displaced or relocated because of County sponsored programs or projects.Ongoing There is nothing to report this period within the unincorporated County. 31. Residential Energy Conservation ProgramParticipate in Bay Area regional efforts to reduce energy consumption.2015: Review examples of guidelines for solar retrofit2016: Draft County guidelines2017: Adopt guidelinesSolar permits for roof-mounted residential PV systems are available on-line under the Application and Permit Center web page. Instructions for in-person and on-line submittal for expedited review is posted on the County’s web page. The number of residenial solar permits issued is 1,307. The County also participates in the Bay Area Regional Energy Network (BayREN), one (1) of three (3) Regional Energy Networks (RENs) established under the auspices of the California Public Utilities Commission. The program is led by the Association of Bay Area Governments in coordination with the nine bay area counties and provides rebates for owners and property managers that make specific energy efficiency improvements to single-family and multi-family buildings. There were 1,689 single-family home upgrades and 1,031 multi-family unit upgrades Countywide, which includes 41 single-family unit upgrades in unincorporated County. General Comments: RECOMMENDATION(S): ACCEPT report and updates on the Northern Waterfront Economic Development Initiative, and APPROVE proposed budget and work plan for FY 2020-21, including the redirection of up to $75,000 of economic development funds to provision completion of the work plan. FISCAL IMPACT: The estimated cost of the recommended work program is $400,000. Of this amount, $325,000 will be covered with funds previously authorized by the Board for work on the Northern Waterfront Economic Development Initiative. The remaining $75,000 of the estimated cost will be covered by the Department of Conservation and Development using General Funds allocated by the Board for economic development staff support but not fully expended for that purpose due to hiring economic development staff midway through the fiscal year. BACKGROUND: The Northern Waterfront Economic Development Initiative, a slate of activities to improve economic opportunity in the communities in Northern Contra Costa County, between Highway 4 and the shoreline, originated from Board direction in 2013. The Initiative is guided by an Ad Hoc Committee comprised of Supervisor Burgis and Supervisor Glover. In 2017, the Board approved $500,000 in funding for projects associated with the Initiative. In February 2019, staff returned to the Board with updates on the Initiative's APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Amalia Cunningham, 925-674-7869 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.109 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Northern Waterfront Initiative Updates and Work Plan BACKGROUND: (CONT'D) progress, which at that time included completion of a Strategic Action Plan (SAP) and Conceptual Framework for Human Development (Framework), and envisioned projects for the future. On February 6, 2020, staff presented the Ad Hoc Committee with project updates and a proposed work plan and funding for 2020-21 as a precursor to the annual budget process. Following substantial input from the Committee and the public on the report, the Committee directed staff to bring the report to the full Board for its review. Northern Waterfront Accomplishments and Updates In FY 2019-20, staff-level economic development activity to implement the SAP has included a large array of activities and accomplishments, including the following most significant items: All seven partner cities have signed a Memorandum of Understanding with the County to work collaboratively on projects of joint benefit. The working group for East Contra Costa branding issued a Request for Qualifications through the City of Brentwood to find a marketing consultant. Once the consultant responses are received and reviewed, there will be a board order with the final recommendation for the project and the County's share of the cost. Phase One will identify the brand and develop the marketing plan around it, and Phase Two will be implementation, advertising, etc. Participating in this collaborative effort will leverage the County's contribution into a much bigger impact, and is an important partnership for promoting the regional assets identified in the SAP. The short-line rail feasibility study on Wilbur Avenue in Antioch, unincorporated Contra Costa County, and Oakley is almost complete. Regardless of what the final recommendation will be, simply undertaking the work to identify goods movement needs and opportunities on the Wilbur Avenue corridor has opened a dialogue with major property owners and both cities, and shown the County's commitment to create more jobs in the region. The County received trademark approval for two key phrases: Northern Waterfront Economic Development Initiative and Capital of the Northern California Mega-Region. In addition to informing the East Contra Costa branding effort noted above, both slogans, particularly Capital of the Northern California Mega-Region, will translate into a higher regional profile for the County and the Northern Waterfront. The Metropolitan Transportation Commission-Association of Bay Area Governments (MTC-ABAG) approved two Priority Production Areas (PPAs) in the unincorporated part of Northern Waterfront - Pacheco and Bay Point. MTC-ABAG also approved Northern Waterfront-area PPAs in Concord, Antioch, and Pittsburg. Staff will be cooperating with the regional agency to track and support industrial/jobs-oriented developments in the PPAs during the initial pilot program rolling out this year. MTC-ABAG staff spent a day in Fall 2019 touring the seven cities and County to see opportunity sites along the Northern Waterfront as part of the lead-up to the PPA designations. The County hosted the State Lands Commission board meeting in Martinez on October 24, 2019, which was a benefit of convenience for our partners and residents who have business with the agency, and highlighted the resources along Contra Costa's shoreline. The Commission staff presented an update on the Crockett waterfront property which has traditionally been a main public access point to the Bay along the Northern Waterfront. Economic development staff from the County and East Contra Costa cities presented opportunities in their regions at the EC2 Brokers' Breakfast in Pittsburg on October 7, and continue to collaborate with EC2 to plan more targeted events in 2020. The Initiative's message has lent itself to work by District III to promote the County's airports for emerging technology uses, which has helped garner new tenants for the County, and District V to explore ferry opportunities, among other individual Board member activities to support economic development. The cities of Antioch and Pittsburg are seeing significant interest in their available power plants for redevelopment in line with Initiative goals. Additionally, the Contra Costa Transportation Authority has started incorporating Northern Waterfront goals in its plans, and each partner city is making use of the Initiative to support their local projects. Current Budget and Proposed Budget Northern Waterfront Initiative activities are mainly funded by a General Fund allocation of $500,000 dating from FY 2017-2018. The projects to date have been the SAP, the Framework, the County's share of the short-line rail feasibility study, and the May 2019 Northern Waterfront Forum. There remains an estimated balance of $325,500, as shown on Attachment A. Looking ahead to the FY 2020-21 budget process and work plan, staff is recommending a slate of projects to implement the SAP and Framework. Some of the projects were previously identified in the pipeline in a February 2019 report to the Board of Supervisors, and some of them are new for next fiscal year. The previously identified projects anticipated to continue in FY 2020-21 are developing a jobs-oriented use at the County-owned property in the Hercules business park, Crockett waterfront access, and the first phase of the East Contra Costa branding effort. The estimated costs for these projects haven't changed from February 2019, totaling $130,000 for "old" projects. The new projects slated for next year's work plan are the advertising costs of the second phase of the East Contra Costa branding effort, business retention outreach focused on businesses that are good candidates to transition to employee ownership, a resident workforce characteristics analysis using Census 2020 data, and business attraction/entrepreneurship growth focused on incubator support for one of the five target industries, permit improvements, or incentives research. The new projects have an estimated cost of $270,000. The full slate of FY 2020-21 projects is estimated to cost $400,000. An estimated $325,500 remains unexpended from the FY 2017-18 funding from the Board of Supervisors. This is a greater remaining amount than was anticipated in the February 2019 report, due to cost savings from the consultant work and the Forum, and receiving the Federal grant for the short-line rail work. After spending down the remaining funds, there will be a need for an additional $75,000 to augment the Northern Waterfront fund. The proposed FY 2020-21 Budget is Attachment B. This recommendation was presented to the Northern Waterfront Ad Hoc Committee on Feb. 6, 2020, which supported the budget and workplan, directing staff to forward a report to the full Board. Leveraging Limited County Funds It is not the intent to spend only the County's limited funds on implementing the Northern Waterfront Strategic Action Plan. The short-line rail feasibility study is an example of the County leveraging grant funds to complete a Northern Waterfront project, since the study cost is $75,000 but the County successfully applied for a $37,500 Federal matching grant. Another example is the East Contra Costa branding effort, which from its inception has been a joint project among the four cities and the County, through the Department of Conservation and Development and the Airports Division of the Department of Public Works. All agencies are expected to financially contribute to the cost of the branding project. The FY 2020-21 proposed Northern Waterfront budget anticipates outside funding of at least $25,000 to help fund or augment some of the other proposed projects, of which the workforce study is a prime target since many other agencies would benefit from it as a business attraction tool. Staff monitors outside funding opportunities and pursues the most appropriate on an ongoing basis. Milestones It is important to identify milestones moving forward in the work plan to make sure the County and partners are on track for meeting the goals of growing employment and entrepreneur opportunities in the Northern Waterfront. If the budget and work plan are approved as submitted, proposed targets include: By the end of calendar year 2020: Agreement with City of Hercules regarding County-owned property Contract approved with non-profit partner; 100 business outreach contacts made regarding employee ownership interest Phase One of East Contra Costa County branding underway Additional economic development staff person on board By the end of fiscal year 2020-21: Agreement with State Lands Commission protecting public access to the Crockett waterfront Workforce characteristics analysis under contract Phase One East Contra Costa County branding complete; Phase Two underway Business attraction project underway The Future Beyond 2021 The Ad Hoc Committee asked staff to provide information about the vision for the Initiative beyond next fiscal year. Looking ahead to FY 2021-2022 and beyond, continuing a Waterfront-specific work plan is likely to require an ongoing General Fund allocation to continue participating as a partner in collaborative projects, or the lead on County projects. Economic development staff in the Department of Conservation and Development will continue to perform the day-to-day work associated with the initiative in reliance on funds allocated to the Department (not the Initiative project budget). Opportunities to leverage the County's investment with funds from grants or partners will continue to be pursued in the future, but as the Initiative's primary proponent, the County will need a long term commitment of elected leadership, staff time and resources. The Committee and staff are interested in tracking more Northern Waterfront-specific indicators, such as number and type of jobs and businesses. Because it's not a Census-defined region, that will be challenging; however, the County can ask our City partners to convene for a discussion on what we can collectively identify as meaningful numbers and all gather moving forward. Countywide data and city level data are relatively less complex to gather, although data for unincorporated communities is aggregated by many sources, rather than separated out by community. CONSEQUENCE OF NEGATIVE ACTION: If there is no action, it will not be possible to undertake the entire slate of proposed activities for 2020-21 to promote economic growth in the Northern Waterfront of Contra Costa County. CHILDREN'S IMPACT STATEMENT: Creating opportunities for economic growth in the Northern Waterfront region benefits the children of Contra Costa County by increasing their chances of being able to live and work in the region as adults. ATTACHMENTS A: 2019-20 Midyear Budget B: 2020-21 Proposed Budget Northern Waterfront Budget: 2017-2020 Approved Funds Board of Supervisors one-time funds 2017-18 $500,000 Economic Development Administration grant for short-line rail feasibility study $37,500 Subtotal Revenues $537,500 Expended or Contracted (estimated as of Jan. 2020) Conceptual Framework and Strategic Action Plan $130,000 May 2019 Forum $7,000 Short-line rail feasibility study $75,000 Subtotal Expenses $212,000 Remaining Northern Waterfront funds (estimate)325,500$ Northern Waterfront Budget: 2020-21 Proposal Anticipated New Projects (new initiatives implementing Northern Waterfront Strategic Action Plan) Business retention (employee ownership pipeline, workforce initiatives, manufacturers survey, etc aligned with Strategic Action Plan)$60,000 Business attraction (incubator support, industry-specific outreach, permitting guides/streamlining efforts, incentives research)$60,000 Marketing campaign implementation $75,000 Resident workforce characteristics study $75,000 Subtotal NEW projects $270,000 Continuing Projects (identified in Feb. 2019 Board Order) County-owned property site investigation for jobs use in Hercules $50,000 Crockett/State Lands waterfront access $10,000 Marketing/Branding collaboration with East CC cities; promotional videos etc. $70,000 Subtotal CONTINUING projects $130,000 Total - New and Continuing Northern Waterfront Projects Proposed for 2020-21 400,000$ Remaining Northern Waterfront funds from 2017-18 (see separate sheet) $325,500 2020-21 Proposed Budget Request - Augmented Northern Waterfront 74,500$ RECOMMENDATION(S): 1. UPDATE the official list of persons to serve, in priority order, as standby officers for the respective members of the Board of Supervisors, pursuant to County Ordinance Code section 42-4.004: District I District II District III District IV District V 1 Sonia Bustamante Phil Andersen Mary N. Piepho Ron Mullin Janis Glover 2 Robert Rogers Gayle Israel Joan Buchanan Guy Bjerke Lynn Enea 3 Paul Fadelli Catharine Baker Mark Goodwin Tamara Steiner David Fraser 2. DIRECT that the above appointments supersede all previous appointments. 3. REQUEST that the Emergency Services Division of the Sheriff's Office meet with any Standby Officer that requests it, and provide an overview of the County Emergency System, to include written procedures and contact information, and address any questions raised by the Standby Officers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Jami Napier 925.335.1908 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.110 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:2020 APPOINTMENT OF STANDBY OFFICERS TO MEMBERS OF THE BOARD OF SUPERVISORS RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: None to the County from this action. BACKGROUND: Pursuant to the California Emergency Services Act, Article 15, Preservation of Local Government, the governing body of a political subdivision of the State is required to appoint three Standby Officers for each member of the governing body. Accordingly, Section 42-4.004 of the County Ordinance Code requires the Board to make such appointments. A Standby Officer appointed by the Board is to serve in place of a regular Board member when the regular Board member is unavailable during a state of war emergency, a state of emergency, or a local emergency. (Unavailable means that the regular Board member has been killed, is missing, or is seriously injured as to be unable to attend meetings and otherwise perform his/her duties.) Appointment of the specified Standby Officers will assure a line of succession so that in the event of the unavailability of one or more regular Board members during a state of war emergency, a state of emergency, or a local emergency, the business of the Board of Supervisors may continue to be conducted with a full complement of Board members. A Standby Officer shall serve until the regular officer becomes available or until the election or appointment of a new regular officer. As required by County Ordinance Code, the status of these Standby Officer appointments will be reviewed annually to determine if any changes in appointees is necessary. Government Code section 8641 sets out the duties of Standby Officers for the Board of Supervisors: 1) To be informed of the Supervisor's duties. 2) To be informed of the business and affairs of the County. 3) To immediately report for duty in the event of a state of war emergency, state of emergency, or state of local emergency. 4) To fill the Supervisor's post when the Supervisor is unavailable (dead, missing, or seriously injured) due to a state of war emergency, state of emergency, or state of local emergency. The County must provide the Standby Officers with copies of California Emergency Services Act, Article 15: Preservation of Local Government (Gov. Code, §§ 8635-8644.) (See attachment.) The County can also host meetings to keep the Standby Officers informed about County business and can require their attendance at these meetings. (Gov. Code, § 8641 (b).) Standby Officers must take the same oath of office as the Supervisor and serve at the pleasure of the BOS. (Gov. Code, § 8640.) CONSEQUENCE OF NEGATIVE ACTION: Without the appointment of the specified standby officers, there will be no line of succession in the event of the unavailability of one or more regular Board members during a state of war emergency, a state of emergency, or a local emergency. Therefore, the business of the Board of Supervisors may not continue to be conducted with a full complement of Board members. ATTACHMENTS CA Emergency Services Act_Art 15_Preservation of Local Govt 8635. 8636. 8637. 8638. 8639. Code: Section: Up^ Add To My Favorites GOVERNMENT CODE - GOV TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) DIVISION 1. GENERAL [8000 - 8899.24] ( Division 1 enacted by Stats. 1943, Ch. 134. ) CHAPTER 7. California Emergency Services Act [8550 - 8668] ( Chapter 7 added by Stats. 1970, Ch. 1454. ) ARTICLE 15. Preservation of Local Government [8635 - 8644] ( Article 15 added by Stats. 1970, Ch. 1454. ) The Legislature recognizes that if this state or nation were attacked by an enemy of the United States, many areas in California might be subjected to the effects of an enemy attack and some or all of these areas could be severely damaged. During such attacks and in the reconstruction period following such attacks, law and order must be preserved and so far as possible government services must be continued or restored. This can best be done by civil government. To help to preserve law and order and to continue or restore local services, it is essential that the local units of government continue to function. In enacting this article the Legislature finds and declares that the preservation of local government in the event of enemy attack or in the event of a state of emergency or a local emergency is a matter of statewide concern. The interdependence of political subdivisions requires that, for their mutual preservation and for the protection of all the citizens of the State of California, all political subdivisions have the power to take the minimum precautions set forth in this article. The purpose of this article is to furnish a means by which the continued functioning of political subdivisions will be assured. Should any part of this article be in conflict with or inconsistent with any other part of this chapter, the provisions of this article shall control. Nothing in this article shall prevent a city or county existing under a charter from amending said charter to provide for the preservation and continuation of its government in the event of a state of war emergency. (Amended by Stats. 1974, Ch. 595.) As used in this article, “unavailable” means that an officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his duties. Any question as to whether a particular officer is unavailable shall be settled by the governing body of the political subdivision or any remaining available members of said body (including standby officers who are serving on such governing body). (Added by Stats. 1970, Ch. 1454.) Each political subdivision may provide for the succession of officers who head departments having duties in the maintenance of law and order or in the furnishing of public services relating to health and safety. (Added by Stats. 1970, Ch. 1454.) To provide for the continuance of the legislative and executive departments of the political subdivision during a state of war emergency or a state of emergency or a local emergency the governing body thereof shall have the power to appoint the following standby officers: (a) Three for each member of the governing body. (b) Three for the chief executive, if he is not a member of the governing body. In case a standby office becomes vacant because of removal, death, resignation, or other cause, the governing body shall have the power to appoint another person to fill said office. Standby officers shall be designated Nos. 1, 2, and 3 as the case may be. (Amended by Stats. 1974, Ch. 595.) The qualifications of each standby officer should be carefully investigated, and the governing body may request the Director of Emergency Services to aid in the investigation of any prospective appointee. No Codes Display Text http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCod... 1 of 3 1/7/2014 3:01 PM 8640. 8641. 8642. 8643. 8644. examination or investigation shall be made without the consent of the prospective appointee. Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a political subdivision other than that to which they are appointed as standby officers. (Amended by Stats. 2013, Ch. 352, Sec. 176. Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) Each standby officer shall take the oath of office required for the officer occupying the office for which he stands by. Persons appointed as standby officers shall serve in their posts as standby officers at the pleasure of the governing body appointing them and may be removed and replaced at any time with or without cause. (Added by Stats. 1970, Ch. 1454.) Each standby officer shall have the following duties: (a) To inform himself or herself of the duties of the office for which the officer stands by. Officers and employees of the political subdivision shall assist the standby officer and each political subdivision shall provide each standby officer with a copy of this article. (b) To keep informed of the business and affairs of the political subdivision to the extent necessary to enable the standby officer to fill his or her post competently. For this purpose the political subdivision may arrange information meetings and require attendance. (c) To immediately report himself or herself ready for duty in the event of a state of war emergency or in the event of a state of emergency or a local emergency at the place and in the method previously designated by the political subdivision. (d) To fill the post for which he or she has been appointed when the regular officer is unavailable during a state of war emergency, a state of emergency or a local emergency. Standby officers Nos. 2 and 3 shall substitute in succession for standby officer No. 1 in the same way that standby officer No. 1 is substituted in place of the regular officer. The standby officer shall serve until the regular officer becomes available or until the election or appointment of a new regular officer. (Amended by Stats. 1992, Ch. 1020, Sec. 1.7. Effective January 1, 1993.) Whenever a state of war emergency a state of emergency or a local emergency exists the governing body of the political subdivision shall meet as soon as possible. The place of meeting need not be within the political subdivision. The meeting may be called by the chief executive of the political subdivision or by a majority of the members of the governing body. Should there be only one member of the governing body, he may call and hold said meeting and perform acts necessary to reconstitute the governing body. (Amended by Stats. 1974, Ch. 595.) During a state of war emergency a state of emergency or a local emergency the governing body shall: (a) Ascertain the damage to the political subdivision and its personnel and property. For this purpose it shall have the power to issue subpoenas to compel the attendance of witnesses and the production of records. (b) Proceed to reconstitute itself by filling vacancies until there are sufficient officers to form the largest quorum required by the law applicable to that political subdivision. Should only one member of the governing body or only one standby officer be available, that one shall have power to reconstitute the governing body. (c) Proceed to reconstitute the political subdivision by appointment of qualified persons to fill vacancies. (d) Proceed to perform its functions in the preservation of law and order and in the furnishing of local services. (Amended by Stats. 1974, Ch. 595.) Should all members of the governing body, including all standby members, be unavailable, temporary officers shall be appointed to serve until a regular member or a standby member becomes available or until the election or appointment of a new regular or standby member. Temporary officers shall be appointed as follows: (a) By the chairman of the board of supervisors of the county in which the political subdivision is located, and if he is unavailable, (b) By the chairman of the board of supervisors of any other county within 150 miles of the political subdivision, beginning with the nearest and most populated county and going to the farthest and least populated, and if he is unavailable, Codes Display Text http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCod... 2 of 3 1/7/2014 3:01 PM (c) By the mayor of any city within 150 miles of the political subdivision, beginning with the nearest and most populated city and going to the farthest and least populated. (Added by Stats. 1970, Ch. 1454.) Codes Display Text http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCod... 3 of 3 1/7/2014 3:01 PM RECOMMENDATION(S): AUTHORIZE the District Attorney's Office to provide three (3) Target gift cards in an amount of $50 each for a total of $150 for the human trafficking awareness curriculum at Helms Middle School in the West Contra Costa Unified School District. FISCAL IMPACT: 100% DA Asset Forfeiture Funding. Gift cards were previously purchased. BACKGROUND: On July 9, 2019, the Board of Supervisors ratified the District Attorney's Office's purchase of $13,350 of Target gift cards from October 2016 for Gun Buy-Back Events. The balance of gift cards in the amount of $8,200 is being safeguarded and tracked in accordance with Administrative Bulletin 615, and authorization is being requested for their use. On January 21, 2020 the Board of Supervisors District Attorney's Office to provide three (3) Target gift cards in an amount of $50 each for a total of $150 for the human trafficking awareness curriculum at Helms Middle School in the West Contra Costa Unified School District. This item seeks authorization to provide another (3) Target gift APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Jason Chan, (925) 957-2234 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.111 To:Board of Supervisors From:Diana Becton, District Attorney Date:March 10, 2020 Contra Costa County Subject:Additional gift cards for Helms Middle School human trafficking awareness curriculum BACKGROUND: (CONT'D) cards in an amount of $50 each for a total of $150 for the same purpose. This will allow three 7th graders and three 8th graders to receive a gift card as a prize. Throughout the month of January, the District Attorney’s Office presented a human trafficking curriculum to middle school students at Helms Middle School in the West Contra Costa Unified School District. The objective of this curriculum was to educate students about the recruitment strategies of human traffickers and empower them to protect themselves from predators. We introduced our courthouse dog, who supports victims of crime in the courtroom and comforts survivors who have to testify in court. Through our discussion, students learned what human trafficking is and how it is currently impacting their community. We led an interactive discussion about how unhealthy relationships can become abusive and lead to trafficking; most importantly, students learned strategies to protect themselves and what to do if they are approached by predators through social media or in person. As part of our curriculum, we asked the students to create artwork to express what they have learned about human trafficking. We ultimately selected six winners, who were honored at the Human Trafficking Day of Action on January 23rd in West Contra Costa County. As their prize, we will give three 7th grader and three 8th grade students a $50 Target Gift Card. CONSEQUENCE OF NEGATIVE ACTION: The District Attorney's Office will not be able to provide already purchased gift cards to three additional local school children at Helms Middle School for the human trafficking awareness curriculum. RECOMMENDATION(S): APPROVE referrals to the Transportation, Water and Infrastructure Committee for action in 2020. FISCAL IMPACT: None. The cost to staff this Committee is included in the budget of the Department of Conservation and Development. Cost for Committee reports are borne by the department or agency responsible for addressing the referral item. BACKGROUND: Each year the Board of Supervisors is asked to approve a list of issues to be referred to its standing committees. The attached list of referrals was reviewed and approved by the Transportation, Water and Infrastructure Committee at its February 10, 2020 meeting for recommendation to the full Board of Supervisors. The Committee did not have any revisions from the 2019 referral list. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: John Cunningham, Department of Conservation and Development I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.112 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:March 10, 2020 Contra Costa County Subject:Referrals to the Transportation, Water and Infrastructure Committee for 2020 CONSEQUENCE OF NEGATIVE ACTION: The Transportation, Water and Infrastructure Committee will not have a Board of Supervisors approved list of issues to take up. ATTACHMENTS TWIC Referrals 2020 - Final DRAFT DRAFT 2020 Referrals to the Transportation, Water and Infrastructure Committee (Approved on 2/1/2020 by TWIC for Consideration by the full Board of Supervisors) 1. Review legislative matters on transportation, water, and infrastructure. 2. Review applications for transportation, water and infrastructure grants to be prepared by the Public Works and Conservation and Development Departments. 3. Monitor the Contra Costa Transportation Authority including efforts to implement Measure J. 4. Monitor EBMUD and Contra Costa Water District projects and activities. 5. Review projects, plans and legislative matters that may affect the health of the San Francisco Bay and Delta, including but not limited to conveyance, flood control, dredging, climate change, habitat conservation, governance, water storage, development of an ordinance regarding polystyrene foam food containers, water quality, supply and reliability, consistent with the Board of Supervisors adopted Delta Water Platform. 6. Review and monitor the establishment of Groundwater Sustainability Agencies and Groundwater Sustainability Plans for the three medium priority groundwater basins within Contra Costa County as required by the Sustainable Groundwater Management Act. 7. Review issues associated with County flood control facilities. 8. Monitor creek and watershed issues and seek funding for improvement projects related to these issues. 9. Monitor the implementation of the Integrated Pest Management policy. 10. Monitor the status of county park maintenance issues including, but not limited to, transfer of some County park maintenance responsibilities to other agencies and implementation of Measure WW grants and expenditure plan. 11. Monitor and report on the East Contra Costa County Habitat Conservation Plan. 12. Monitor the implementation of the County Complete Streets Policy. 13. Monitor and report on the Underground Utilities Program. 14. Monitor implementation of the Letter of Understanding with PG&E for the maintenance of PG&E streetlights in Contra Costa. 15. Freight transportation issues, including but not limited to potential increases in rail traffic such as that proposed by the Port of Oakland and other possible service increases, safety of freight trains, rail corridors, and trucks that transport hazardous materials, the planned truck route for North Richmond; freight issues related to the Northern Waterfront (and coordinate with the Northern Waterfront Ad Hoc Committee as needed), and the deepening of the San Francisco-to-Stockton Ship Channel. 16. Monitor the Iron Horse Corridor Management Program. 17. Monitor and report on the eBART Project. 18. Review transportation plans and services for specific populations, including but not limited to County Low Income Transportation Action Plan, Coordinated Human Services Transportation Plan for the Bay Area, Priorities for Senior Mobility, Bay Point Community Based Transportation Plan, and the Contra Costa County Accessible Transportation Strategic Plan. 19. Monitor issues of interest in the provision and enhancement of general transportation services, including but not limited to public transportation, taxicab/transportation network companies, and navigation apps. 20. Monitor the statewide infrastructure bond programs. 21. Monitor implementation and ensure compliance with the single-use carryout bag ban consistent with Public Resources Code, Chapter 5.3 (resulting from Senate Bill 270 [Padilla – 2014]). 22. Monitor efforts at the State to revise school siting guidelines and statutes. 23. Monitor issues related to docked and dockless bike share programs. 24. Monitor efforts related to water conservation including but not limited to turf conversion, graywater, and other related landscaping issues. 25. Monitor the County’s conversion to solar/distributed energy systems. G:\Conservation\TWIC\2020\2020 TWIC Referrals\TWIC Referrals 2020 ‐ DRAFT.Doc  RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #28-363-1 with Point Comfort Underwriters, Inc. a subcontractor of the United States Department of Health and Human Services Office of Refugee Resettlement, to administer delivery and payment of healthcare services provided to unaccompanied refugee children at Contra Costa Regional Medical Center (CCRMC), for a period of one year commencing on November 1, 2019, and automatically renewing each year thereafter unless terminated by either party. FISCAL IMPACT: There is no fiscal impact for this action. This non-financial agreement will allow the County to bill for services provided to unaccompanied refugee children at CCRMC. BACKGROUND: The United States Department of Health and Human Services funds local governmental agencies who provide medical services to unaccompanied refugee children with appropriate documentation of eligibility. CCRMC provides healthcare to unaccompanied refugee children who reside at the South West Key Program in Pleasant Hill. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Pat Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C.113 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Agreement #28-363-1 with Point Comfort Underwriters, Inc. BACKGROUND: (CONT'D) >On December 6, 2016, the Board of Supervisors approved Agreement #28-363 with Point Comfort Underwriters, Inc., to establish a system for unaccompanied children to be authorized for medical services at CCRMC and establish billing requirements in accordance with federal policies and procedures, for the period November 1, 2016 through October 31, 2019. Approval of Agreement #28-363-1 will allow the County and the Contractor to continue to facilitate the system for unaccompanied children to be authorized for medical services. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, unaccompanied refugee children will not have authorization for preventative medical services at CCRMC. ATTACHMENTS RECOMMENDATION(S): 1. FIND that the approval of a grant deed of development rights, conveying to the County development rights on a portion of Minor Subdivision #MS11-0001 in the Knightsen area, is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15325(b) (transfers of ownership in land to allow continued agricultural use). 2. APPROVE and AUTHORIZE the Board Chair to execute the attached Grant Deed of Development Rights between the County and James and Barbara de Fremery. 3. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT: None to the General Fund. The applicant is responsible for payment of all costs associated with the processing of this application. BACKGROUND: On August 7, 2017, the Contra Costa County Zoning Administrator conditionally approved an application (#MS11-0001) to subdivide an approximately 31.41-acre site in an unincorporated area of Knightsen into three parcels, Parcel-A, Parcel-B, and Parcel-C. Condition of Approval #10 of the approved minor subdivision requires that development rights to seventy-five percent each of Parcel-A, Parcel-B, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Sean Tully, (925) 674-7800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C.114 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:MS11-0001 Grant Deed of Development Rights BACKGROUND: (CONT'D) Parcel-C be conveyed by grant deed to the County to ensure the long-term preservation of agricultural uses on each parcel. The Grant Deed of Development Rights must be recorded prior to the recordation of the parcel map under the approved subdivision. CONSEQUENCE OF NEGATIVE ACTION: The condition of approval of the minor subdivision would not be satisfied, and the subdivision would not be completed. AGENDA ATTACHMENTS Grant Deed of Development Rights Conditions of Approval for MS11-0001 MINUTES ATTACHMENTS Signed: Grant Deed of Development Rights APPLICANT OWNER: CONTRA COSTA COUNTY DEPARTMENT OF CONSERVATION AND DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION APPROVED PERMIT Ronald Greenwell APPLICATION NO.: 10 S. Lake Drive, #1 Antioch, CA 94507 ASSESSOR'S PARCEL NO James and Barbara Fremery P.O. Box 102 Knightsen, CA 94548 PROJECT LOCATION: ZONING DISTRICT APPROVED DATE: EFFECTIVE DATE: VESTING DATE MS 11-0001 020-200-027, -039 Intersection of Sellers Avenue and Hidden Ranch Road Knightsen, CA A-2 August 7, 2017 August 18, 2017 April 11, 2011 This matter having not been appealed within the period of time prescribed by law, a MINOR SUBDIVISION PERMIT to divide a 31.41-acre site into three parcels including removal of an existing Gooding's Willow tree, and request for approval of exceptions to applicable subdivision requirements pertaining to "collect and convey", roadway design, and the timing of required roadway improvements in the Knightsen area is hereby APPROVED, subject to the attached conditions of approval. Aruna M. Bhat County Zoning Administrator By: -P. Ruben L. H rnandez Deputy Zoning Administrator Unless otherwise provided, THIS PERMIT WILL EXPIRE THREE (3 YEARS from the effective date if the action allowed by this permit is not undertaken within that time. PLEASE NOTE THE EFFECTIVE DATE as no further notification will be sent by this office. FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #MS11-0001 AS APPROVED BY THE ZONING ADMINISTRATOR ON AUGUST 7 2017 I. Findings A. Growth Management Element Standards 1) Traffic: The proposed project includes proposals to widen the Hidden Ranch Road right-of-way, and to construct a 60-foot Contra Costa County Fire Protection District turnaround. The intent of these improvements is to improve the quality of the roadway access to the proposed properties, and to provide a turnaround for emergency vehicles that may require access to the project site in the future. These proposed improvements will not adversely impact traffic flow in the area. Additionally, the proposed roadway improvements are not of the type or scale that would encourage further development in the area. In the event that the proposed parcels are developed at a later time, the type and scale of uses that would be permitted on the proposed parcels without further discretionary review by the Department of Conservation and Development would be limited to those specified in Section 84-38.402 (Permitted) of the County Ordinance. Any more intense land uses would require approval of a separate land use entitlement from the County. The residential dwelling units and agricultural structures that would be permitted on the proposed parcels without further discretionary review would not create 100 additional peak hour traffic trips to and from the site. Therefore, there is no requirement to conduct a traffic analysis and/or prepare a traffic report pursuant to the Measure-C 1998 requirements. 2) Water: The subject property is not located within thejurisdiction of any public water service provider that operates within the County. However, in compliance with the County's "Ranchette Policy" (Resolution No. 83/407), water availability and quality tests were conducted at the project site. The tests indicate that the areas in which the proposed wells will be located will meet the minimum yield requirement of at least 3 gallons per minute. Therefore, the minimum level of water needed to accommodate the site per the County's guidelines is available. 3) Sanitary Sewer: The subject property is not located within the jurisdiction of any public sanitary sewer service provider that operates within the County. However, in compliance with the County's "Ranchette Policy" (Resolution No. 83/407), agricultural lands proposed for minor subdivisions must be suitable for septic tank use. In compliance with this policy a percolation test was administered at the project site on November 10, 2011, by Henson Plumbing. The test results were forwarded on to the County Health Services Department, Environmental Health Division who has determined that the soils at the project site are suitable for septic tank use. N' . ,,, Page 1 of 18 4) Fire Protection: The subject property is located within the service area of and currently receives fire protection services from the East Contra Costa and Contra Costa County Fire Protection Districts. In the event that any improvements are made on the proposed parcels in the future, those structures would also fall within the service area and be subject to the regulations of those Fire Districts. The closest fire station is located approximately 0.25 miles from the project site at the intersection of 2nd and A Streets in the Knightsen area. Therefore, the proposed project will not impact the County's ability to maintain the standard of having a fire station located within one and one-half miles of development in urban, suburban, and central business district areas. 5) Public Protection: The proposed project consists of subdividing the subject property into three separate parcels, which would allow for the construction of up to six (6) new residential dwelling units (3 single-family residences, 3 residential second units) at the project site without further discretionary review from the County. The construction of six additional single-family dwelling units at the project site would not induce a significant population increase within the County that would equal or exceed 1,000 people. Also, the scale and type of agricultural uses that could be established on the proposed parcels would not generate job opportunities for a workforce of 1,000 or more people. Therefore, the proposed project would not impact the County's ability to maintain the standard of having 155 square feet of Sheriff station area and support facilities per 1,000 members of the population. 6) Parks and Recreation: The proposed project consists of subdividing the subject property into three separate parcels, which would allow for the construction of up to six (6) new single-family residential units (3 single-family residences, 3 residential second units) at the project without further discretionary review from the County. The construction of six additional single-family dwelling units at the project site would not induce a significant population increase within the County that would equal or exceed 1,000 people. Also, the scale and type of agricultural uses that could be established on the proposed parcels would not generatejob opportunities for a workforce of 1,000 or more people. Therefore, the proposed project would not impact the County's ability to maintain the standard of having three acres of neighborhood parks per 1,000 members of the population. 7) Flood Control and Drainage: No portion of the subject property is located within a 100-year flood area as determined by the Federal Emergency Management Agency (FEMA). Also, no element of the proposed project involves the removal or alteration of an existing dam or levee. In addition, the proposed project does not exceed the threshold of 10,000 square feet of new or redeveloped impervious surface area, so submittal of a Stormwater Control Plan is not required. ia n 7 Rcp m4P7 im=i>ian=(MSJ"fSl-(N1U1 Ix:f ru . _ .-.. Page 2 of 18 If granted, the proposed subdivision could potentially result in further development at the project site which may impact the amount of impervious surface and drainage patterns at the site. However, when a building permit is required for any physical/structural improvements, the County Building Inspection Division will review the proposal for compliance with drainage standards. B. Findings for Approval of a Tentative Map 1) The advisory agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the applicable general and specific plans required by law. Proiect Finding: The project site is located in an area with an Agricultural Lands AL) General Plan Land Use designation. This designation allows for up to 1 dwelling unit per 5 net acres (0.2 units per net acre). The project site has a net acreage of 29.21 acres, which would allow for up to six (6) dwelling units, rounded up from a calculation of 5.84) under the AL General Plan Land Use designation. Therefore, in the event that the proposed parcels are developed at a later time and one single-family dwelling unit is constructed on each parcel as can be done without further discretionary review); the density of the project area would be consistent with the limits of the General Plan. The purpose of the Agricultural Lands General Plan Land Use designation is to preserve and protect lands capable of and generally used for the production of food, fiber, and plant materials. The applicant proposes to continue use of the existing vineyard located at the project site. The operation of grape vineyard is a land use that consists of producing food and/or plant materials, and thus would be consistent with the uses permitted within the AL designation. As stated throughout the Mitigated Negative Declaration, a total of six dwelling units (3 single-family residences and 3 residential second units) could potentially be established at the project site in the future without further discretional review by the County-'. Due to the relatively large size of each of the proposed parcels, the establishment of one single-family residence and one residential second unit on each parcel would not prevent agriculture from remaining the primary land use on each lot. Therefore, despite the fact that dwelling units are not agricultural in nature, the establishment of them on each lot would also be consistent with the AL designation. I Accessory Dwelling Units (ADU) would also be permitted at the site without further discretionary review, but would not exceed the allowable density for the lot/site pursuant to Section 65852.2(a)(1)(D) of the Government Code. Z Second residences are permitted within the zoning district, but would require approval of a land use permit pursuant to Section 84- 38.404 of the County Code. ret1r. Plni,ninlr`,;urr 1 lrn\51.tT Rerorts Nlinorsuhdi isioI),: (NIS).tils! 1-0001 Dd7remer %MS1 1-0(')01 _CO A. S; i Page 3 of 18 The project site is located within the County General Plan's East County specific geographical area. Generally speaking, the adopted policies for this area relate to preferred areas for residential and commercial growth, development of delta recreation areas, transportation, and the overall density of the area. The primary components of the proposed project consists of dividing the project site into three separate parcels, roadway improvements, and the maintenance of existing vineyards, which are all compatible with the adopted policies for the area. Any future development at the site would be subject to the regulations of the General Agriculture zoning district, which would ensure consistency with the preferred density and othergrowth element restrictions for the East County area. 2) The advisory agency shall make findings as required concerning the fulfillment of construction requirements. Project Finding: The applicant has not proposed new structural improvements at the site as part of the proposed project. However due to the need for water wells, roadway access, and drainage requirements that apply to the proposed project, certain construction activities have been included as part of the proposed project. The County Public Works Department has conducted a review of the proposed project, and has provided recommended conditions of approval pertaining to improvements that shall be conducted at the project site. The conditions require improvements such as the partial widening of Hidden Ranch Road to a 20-foot width and the installation of a Fire District turnaround. By conditioning the proposed subdivision to require that these improvements be completed, the County will ensure that all construction requirements are fulfilled prior to the Parcel Map being filed. C. Exception Findings Required Factors for Granting Exception. The Zoning Administrator is satisfied that the following findings exist for the granting of the requested exception to County "Collect and Convey' requirements. 1) There are unusual circumstances or conditions affecting the property. Project Finding: The resultant large (10+ acres) parcels will be relatively flat and without any defined drainage conveyances on site or adjacent that can act as receiving waters. 2) That the exception is necessary for the preservation and enjoyment of substantial property rights of the applicant. c : enI Pla,Nmg iw 1,1814 ,r i g-nooi_ras_ zn r.,,1, Page 4 of 18 4 Project Finding: Similarly sized parcels in the area have been allowed such exceptions in the past. Requiring strict adherence to the Code for the subject subdivision would be an undue hardship for the property owner. 3) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated. Project Finding: Considering the soil conditions and development restrictions outlined in the exception request, there should be no adverse impacts on adjacent properties. D. Tree Permit Findinas 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 1) 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. CONDMON5 OF APPROVAL Administrative 1. Tentative map approval to subdivide the subject property into three (3) parcels is approved, generally as shown on the vesting tentative map of Ronald Greenwell and Associates dated "February 2011" and received by the Department of Conservation and Development, Community Development Division (CDD) on April 18, 2017. Development and improvements as part of the subdivision are approved as follows: Establishment of one (1) well and one (1) water pump each on Parcels-B & -C. Abandonment of a 60-foot wide roadway dedication initially offered to the County per Parcel Map "68 PM 29". Widening a portion of the existing Hidden Ranch Road right-of-way to a width of 20 feet. Installation of a 60-foot Fire District turnaround at the eastern end of the proposed roadway improvements within Hidden Ranch Road. rplanlStflIT Rgmrid Minn, Subd,% isiou: i r IPage 5 of 18 2. Tree Permit Approval is granted to allow the removal of one (1) 90-inch Goodding's Willow Tree. 3. Exception approval is granted to allow exception from the County requirements and standards pertaining to "collect and convey". 4. The tentative map and tree permit approvals detailed above are approved based on the following documents: Vesting tentative map of Ronald Greenwell and Associates dated "February 2011" and received by the County on January 5, 2017. Hidden Ranch Road Improvement Plans of Bellecci & Associates INC., received on April 18, 2017. Arborist report of Atlas Tree Services Inc. dated October 25, 2011. 5. The maximum number of lots approved for this subdivision is three (3) parcels. Approval Duration 6. The tentative map approval described above is granted for a period of three years. Map extensions may be granted for the project subject to proper request for extension and review and approval of the CDD. 7. This application is subject to an initial application deposit of $4,800, which was paid with the application submittal, plus time and materials costs if the application review expenses exceed 100% of the initial deposit. Any additional costs due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The applicant may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. Indemnification 8. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the County, its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employees, to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided in Section 66499.37. The County will promptly notify the subdivider of any such claim, action, or proceeding and cooperate full in the defense. Page 6of18 Compliance Report 9. At least 45 days prior to filing of the Parcel Map or issuance of a grading or building permit, whichever occurs first, the applicant shall provide a permit compliance report to the Department of Conservation and Development, Community Development Division (CDD) for review and approval. The report shall identify all conditions of approval that are administered by CDD. The report shall document the measures taken by the applicant to satisfy all relevant conditions. Copies of the permit conditions may be obtained from CDD. The permit compliance review is subject to staff time and materials charges, with an initial deposit of $1,000 which shall be paid at the time of submittal of the compliance report. Grant of Development Rights 10.Prior to filing of the Parcel Map, the applicant shall grant deed development rights over the project site to the County. The intent of the grant deed shall be to ensure that the long-term preservation of agricultural uses is preserved on each parcel. The language of the Grant Deed of Development Rights shall be subject to the review and approval of the CDD, and shall at minimum include the following language pertaining to development restrictions: Plans and Specifications; County Approval. Any and all improvements on the Property will be performed as approved by County or its successor public agency. Grantor shall cause plans and specifications for improvements to be prepared by competent persons legally qualified to do the work and to submit said improvement plans and specifications to County for approval prior to commencement of any work, and shall pay any County improvement plan review and inspection fee. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval or, upon annexation of the Property to any city, in accordance with the applicable city standards. Grantor agrees to commence and complete the work within the time specified by the County. Development of Property. Development of the Property may occur only in the following manner, subject to Grantor first obtaining all necessary permits and approvals from the County: 1.1.1 Upon submittal of an application for a residential building permit on Parcel -A, -B, or -C, a one -acre "home site" envelope shall be designated for each parcel, subject to approval by the Contra Costa County Department of C •':Cunent P lauuuglcau-plan\Slifl RQpnrts,N1i orSuhdiN•izions (1%1S)'19S11-0001 DOFte1Twr N4Si 1-0,101_ (70A_ -7-17A Page 7 of 18 ftl Conservation & Development Director. The "home site" envelope in each parcel shall be located within a development" envelope identified for the parcel. The development" envelope in each parcel spans the full length of the Hidden Ranch Road frontage and is comprised of an area not more than 25 percent of the parcel's net acreage. Both the "home site" and development" envelopes in each parcel shall abut, but not encroach beyond, the northern edge of the Hidden Ranch Road right-of-way. The approximate location and boundary of the "development" envelope identified for each parcel is depicted on Exhibit A attached hereto. 1.1.2 Subject to Paragraph 1.1.1, within the "home site" envelope for Parcel -A, -B, or -C, one residence and appurtenances, such as sheds, swimming pools, pool houses, garages, tennis courts, basketball courts, etc., may be constructed. Wires, lines, pipes, cables, or other facilities providing electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted may be installed, maintained, repaired, removed, relocated, and replaced. A Residential Second Unit meeting the requirements of County Ordinance Code Chapter 82-24 may also be constructed within the designated "home site" envelope. A driveway may be located outside of the home site" envelope, provided that it is located entirely within the identified "development" envelope. Driveways shall be of a design, size, and path of travel which limit the amount of disturbed area, but that also provide a reasonable amount of area needed to safely and efficiently access site improvements and areas of activity. 1.1.3 Subject to Paragraph 1.1.1, the remainder of the development" envelope may be developed with buildings and structures related to agricultural uses as well as leach fields and wells. Buildings and structures related to agricultural uses are generally defined as those used solely for agricultural production on the property, including barns, equipment sheds, and one farmworker housing structure housing up to 6 farmworkers. "Farmworker" shall be defined as an individual, the majority of whose income is cumulatively derived from agricultural activities. The existing well and water pump located in the area of proposed Parcel -A is exempt from this requirement and need not be relocated. Ci:lcunuii Kr, . ... '.Jodr:isiuns (US)•AISJ 1-0001 DeFrCIngY% 9S11 r:.;: ; - Page 8 of18 1.1.4 The remaining 75 percent of each parcel shall be reserved exclusively for agriculture. Leach fields and wells may be developed in this area only if it is demonstrated that they cannot be established within the "development' envelope. Trees 11.Required Restitution for Approved Tree Removal - The following measures are intended to provide restitution for the trees that have been approved for removal. a) Tree Restitution Planting/Irrigation Plan - Prior to filing of the Parcel Map or any authorized tree removal, whichever occurs first, 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 CDD. The plan shall provide for the planting of at least three (3) trees, minimum 24-inch box size, or a comparable planting as determined by the CDD. The plan shall be accompanied by an estimate prepared by a licensed landscape architect or arborist of the materials and labor costs to complete the improvements on the plan. b) Required Security to Assure the Completion of Plan Improvements - Prior to filing of the Parcel Map or any authorized tree removal, whichever occurs first, the applicant shall submit a security (e.g., bond, cash deposit) that is acceptable to the CDD. The bond shall include the amount of the approved cost estimate, p/usa 20% inflation surcharge. c) Initial Fee Deposit for Processing a Security - The County ordinance requires that the applicant pay fees for all time and material costs of staff for processing a landscape improvement security. At time of submittal of the security, the applicant shall pay an initial deposit of $100. d) Duration of Security: Prior to seeking finalization (final inspection) of permits for the proposed roadway widening, the consulting arborist shall verify that the replacement trees have been properly planted and when verified, notify the CDD in writing. The security shall be retained by the County for a minimum of 12 months up to 24 months beyond the date of receipt of the written verification of installation. A prerequisite of releasing the bond between 12 and 24 months shall be to have the applicant arrange for the consulting arborist to inspect the replacement trees and to prepare a report on the trees' health. In the event that the CDD determines that the replanted tree(s) have been damaged or have died, and determines that the applicant has not been diligent in providing a replacement, then the CDD may require that all or part of the security be used to provide for replacement of the dead or damaged tree(s). Plannfngknr'PIAmsuffRep ni;,,,.,sundt.i,; scn+srMsn-oouuxr „«>n.sii-ooni_COI _aa-i?d,,,. Page 9of18 Arborist 12. The applicant shall be responsible for all arborist expenses related to the work authorized by this permit. Childcare Conditions 13. At least 30 days prior to filing of the Parcel Map or CDD stamp approval of plans for issuance of a building or grading permit, whichever occurs first, the applicant shall submit a proposed deed disclosure statement for the review and approval of the CDD. The disclosure statement shall advise prospective buyers of Parcels -A, -B, or -C that prior to issuance of a building permit on any parcel that is not occupied by a legal residence; they shall pay a per parcel fee toward childcare facility needs in the area as established by the Board of Supervisors. The current childcare fee is $400 per parcel. However, the actual fee amount collected will be that which is applicable at the time of building permit issuance. The approved deed disclosure shall be recorded concurrently with the deed for Parcels -A, -B, and -C. Park Impact 14. At least 30 days prior to filing of the Parcel Map or CDD stamp approval of plans for issuance of a building or grading permit, whichever occurs first, the applicant shall submit a proposed deed disclosure statement for the review and approval of the CDD. The disclosure statement shall advise prospective buyers of Parcels -A, -B, and - C that prior to issuance of building permits on any parcel that is not occupied by a legal residence; they shall pay a park impact fee. The current park impact fee is 6,171.00 per residential unit. However, the actual fee amount collected will be that which is applicable at the time of building permit issuance. The approved deed disclosure shall be recorded concurrently with the deed for Parcels -A, -B, and -C. Police Services 15. The following requirements shall be met prior to filing of the Parcel Map or CDD stamp approval of plans for issuance of a building or grading permit, whichever occurs first, as specified below: A. The applicant shall submit a draft copy of a proposed deed disclosure statement for the review and approval of the CDD. The approved statement shall be used to notify prospective buyers of parcels which are not occupied by existing legally - established residences at the time of filing the Parcel Map, that prior to issuance of a building permit, they will be required to contribute $1,000.00 to the County for police services mitigation. The fee may be paid to the Contra Costa County Application and Permit Center. The approved deed disclosure shall be recorded concurrently with the deed for Parcels -A, -B, and-C. Page 10of18 B. Prior to CDD stamp approval of plans for issuance of a building or grading permit on any parcel that is not occupied by a legal residence; the applicant shall contribute $1,000.00 to the County for police services mitigation. The fee shall be paid to the Contra Costa County Application and Permit Center. Archaeology 16. Should archaeological materials be uncovered during grading, trenching or other on - site excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society of Professional Archaeology SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary, (CUL-1) 17. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find, the Community Development Division shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell, bone, and historic features such as privies or building foundations. (CUL-2) 18. In the event of discovery or recognition of any human remains on the site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of Contra Costa County has been contacted, per Section 7050.5 of the California Health and Safety Code. (CUL-3) 19. Appropriate mitigation of any discovered cultural resources may include monitoring of further construction and/or systematic excavation of the resources. Any artifacts or samples collected as part of the initial discovery, monitoring or mitigation phases shall be properly conserved, catalogued, analyzed, evaluated and curated along with associated documentation in a professional manner consistent with current archaeological standards. (CUL-4) Geology 20. At least 30 days prior to filing the Parcel Map, draft language for a proposed deed disclosure shall be submitted to the CDD for review and approval. The purpose of the deed disclosure is for informing future buyers for each parcel of the following: Prior to issuance of a building permit for residences or other structural improvements on this site, a design level geotechnical investigation report meeting the requirements of Subdivision Ordinance 94-4.420, shall be submitted for review by the County Peer Review Geologist, and review/approval of the Department of Conservation and Development, 1 , _ [, , Page 11 of 18 Community Development Division. This report shall include, but not be limited to, deep borings (minimum 40-feet), evaluation of liquefaction potential, and evaluation for potential of expansive soils. Improvement, grading, and building plans shall carry out the recommendations of the approved report." The approved deed disclosure shall be recorded concurrently with the deeds for Parcels -A, -B, and -C. (GEO-1) Rural Residential Ranchette Criteria 21. Prior to the filing of the Parcel Map, the applicant must comply with the following: A. Each parcel must have an "on site' producing water well or install a "test well" having a minimum yield of three (3) gallons per minute with bacterial and chemical quality in compliance with the State standards for a pure, wholesome, and potable water supply (Title 22, Section 64433). If the chemical analysis exceeds the State standards for "maximum contaminant levels" for water potability, a statement must be attached and "run with the deed" advising of these levels; or B. Have verifiable water availability data from adjacent parcels presented by the applicant, or knowledge of the same, known by the Health Services Department concerning water quality and quantity per (A) above; and, have a statement that attaches and runs with the deed" indicating that a water well shall be installed on the subject parcel complying with the general requirements stated above prior to obtaining a CDD permit for construction. 22. Prior to the filing of the Parcel Map, percolation tests must be passed on all lots. The land must be suitable for septic tank use according to the County Ordinance Code criteria and Health Services Department regulations. 23. The applicant shall indicate on the Tentative Subdivision Map the following information for each parcel: proposed driveways building site well site leach field site provisions for water storage for fire fighting Homesites shall be designed with a minimum of grading. Where significant grading is needed an acceptable erosion control plan shall be provided. Home siting shall be Page 12 of 18 reviewed for energy conservation features (building site orientation and feasibility for solar facilities will be considered). 24. Adequate fencing shall be provided to contain domestic animals on the residential parcels with all gates to be closeable by a nearby rancher/farmer when necessary. 25. Exception to any of the above Rural Residential Ranchette Criteria may be considered by the hearing body upon showing, in writing, of unique or unusual circumstances relative to the subject property. Construction Restriction 26. Contractor and/or developer shall comply with the following construction noise, dust and litter control requirements: A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:30 P.M., Monday through Friday, unless extended construction dates/times have been approved by the Zoning Administrator, and shall be prohibited on state and federal holidays on the calendar dates that these holidays are observed by the state or federal government as listed below: New Year's Day (State and Federal) Birthday of Martin Luther King, Jr. (State and Federal) Washington's Birthday/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) 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 details on the actual day the state and federal holidays occur, please visit the following websites: Federal Holidays: https•//www opm goy/policv data oversight/-oav leave/ ay- administration/fact-sheets/holidays-work-schedules-and-pay California Holidays: https://www.ftb.cagov/aboutFTB/holidays.shtml B. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. i Page 13 of 18 C. The project sponsor shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition and shall locate stationary noise -generating equipment such as air compressors and concrete pumps as far away from sensitive receptors as possible. D. The applicant shall make a good -faith effort to avoid interference with existing neighborhood traffic flows. E. Transporting of heavy equipment and trucks shall be limited to the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday, and is prohibited on state and federal holidays. F. Unnecessary idling of internal combustion engines is prohibited. PUBLICS WORKS CONDITIONS OF APPROVAL FOR SUBDIVISION #MS11-0001 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the Ordinance Code. Any exceptions(s) must be stipulated in these Conditions of Approval. Conditions of Approval are based on the Vesting Tentative Map submitted to the Department of Conservation and Development, Community Development Division, on April 18, 2017. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO FILING OF THE PARCEL MAP. General Requirements 27. In accordance with Section 92-2.006 of the Ordinance Code. This subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions there from must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the Vesting Tentative Map received by the Community Development Division of the Department of Conservation and Development on February 7, 2011. 28. Improvement plans prepared by a registered Civil Engineer shall be submitted, as necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the Ordinance Code for the conditions of approval of this subdivision. Any necessary traffic signing and striping shall be included in the improvement plans for review by the Transportation Engineering Division of the Public Works Department. I Page 14 of 18 Roadway Improvements (Off -Site) 29. Applicant shall pave the first 25 feet of the off -site access road (Hidden Ranch Road), as measured from the existing edge of pavement of Sellers Avenue. The paved roadway entrance will allow vehicles to pull fully completely off of the roadway and still remain in paved surface, as well as prevent dust, gravel, and debris from spilling on to Sellers Avenue. Private Road (Hidden Ranch Road) 30. Applicant shall construct the on -site roadway to current County private road standards with a minimum traveled width of 20 feet, in accordance with the Policy on Private Rural Road and Driveway Design Standards. 31. Applicant shall provide an adequate turnaround at the terminus of the on -site private road, in accordance with the requirements of the Fire District and the Public Works Department. Access to Adjoining Property 32. Applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off -site, temporary or permanent, public and private road and drainage improvements. Applicant shall verify that access rights have been established across the intermediate properties that lie between the subject parcel and Sellers Avenue. Annexation to Lighting District 33. Applicant shall annex to the Community Facilities District formed for Countywide Street Light Financing (CFD 2010-1). Utilities/Undergrounding 34. All new utility distribution services shall be installed underground. Drainage 35. The applicant shall collect and convey all stormwater entering and/or originating on this property, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having definable bed and banks, or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Page 15 of 18 Exception The applicant shall be permitted an exception from the collect and convey requirements if the County Ordinance Code due to the large size of the proposed parcels, provided that there are no known drainage problems on -site currently, the existing drainage pattern is maintained, and additional concentrated stormwater runoff is not discharged onto adjacent properties. Provision "C.3" of the NPDES Permit 36. In compliance with Provision C.3 of the NPDES Permit and the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan (SWCP). New or redeveloped impervious surface area proposed in this application total less than 10,000 square feet, which is the threshold for submittal of a SWCP. However, this project is required to incorporate stormwater quality elements to the Maximum Extent Practicable (MEP), in accordance with all other provisions of the County Stormwater Management and Discharge Control Ordinance. This must include efforts to limit new impervious surface area, limit directly connected impervious areas, provide for self -retaining areas and include other Best Management Practices to the MEP. National Pollutant Discharge Elimination System (NPDES) 37. Applicant shall comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construction and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay — Region II, or Central Valley — Region IV). Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of stormwater pollutants. The project design shall incorporate, wherever feasible, the following long-term BMPs in accordance with the Contra Costa Clean Water Program for the site's stormwater drainage: Offer pavers for household driveways and/or walkways as an option to buyers. Minimize the amount of directly connected impervious surface area. Label all storm drains ("No Dumping, Drains to Creek/Bay') using approved markers. Construct concrete driveway weakened plane joints at angles to assist in directing run-off to landscaped/pervious areas prior to entering the street curb and gutter. o - Page 16 of 18 Trash bins shall be sealed to prevent leakage, or shall be located within a covered enclosure. Shallow roadside and on -site swales. Distribute public information items regarding the Clean Water Program to buyers. Other alternatives comparable to the above, as approved by Public Works ADVISORY NOTES ADVISORY NOTES ARE NOT CONDITIONS OF APPROVAL,• THEY ARE PROVIDED FOR THE PURPOSE OF ADVISING THE APPLICANT OF ADDMONAL REQUIREMENTS TO WHICH THIS PROJECT IS OR MAY BE SUBJECT A. NOTICE OF OPPORTUNITY TO PROTEST FEES, ASSESSMENTS, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. Pursuant to Government Code Section 66000, et. Seq., the applicant has the opportunity to protest fees, dedications, reservation, 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. The applicant/owner should be aware of the expiration dates and renewing requirements prior to filing the Parcel Map. C. The applicant must comply with the requirements of the Health Services Department. D. The applicant must comply with the requirements of the East Contra Costa Fire Protection District. E. The applicant must comply with the requirements of the Building Inspection Division. Building permits are required prior to the construction of most structures. G. Although the Stormwater Control Plan has been determined to be preliminarily complete, it remains subject to future revision, as necessary, during preparation of improvement plans in order to bring it into full compliance with C.3 stormwater requirements. Failure to update the SWCP to match any revisions made in the improvement plans may result in a substantial change to the County approval, and the project may be subject to additional public hearings. Revisions to California 1%Page 17 of 18 Environmental Quality Act (CEQA) documents may also be required. This may significantly increase the time and applicant's costs associated with approval of the application. H. Stormwater management facilities shall be subject to inspection by Public Works Department staff, all time and materials costs for inspection of stormwater management facilities shall be borne by the applicant. I. Applicant shall comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County and ECCRFFA/RTDIM Areas of Benefit, as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building permits. PageP 18of18 RECOMMENDATION(S): ACCEPT the Treasurer's Quarterly Investment Report as of December 31, 2019, as recommended by the County Treasurer-Tax Collector. FISCAL IMPACT: None. BACKGROUND: Government Code Section 53646 requires the County Treasurer to prepare quarterly reports to the Board of Supervisors describing County investments including type, par value, cost, and market value. Attached please find the report covering the period October 1, 2019 through December 31, 2019. As of December 31, 2019, the par value, cost, and market value of Contra Costa County Investment Pool were $ 3,793,643,291.38, $3,781,249,025.66, and $3,794,745,338.01 respectively. The weighted yield to maturity was 1.94% and the weighted average days to maturity were 221 days. As of December 31, 2019, the Treasurer's investment portfolio was in compliance with Government Code 53600 et. seq. and with the Treasurer's current investment policy. Historical activities combined with future cash flow projections indicate that the County has sufficient liquidity to meet its obligations for the next six months. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Ronda Boler, (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.115 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:March 10, 2020 Contra Costa County Subject:ADOPTION OF THE QUARTERLY INVESTMENT REPORT AS OF 12/31/2019 ATTACHMENTS Q4_2019 Quarterly Investment Report CONTRA COSTA COUNTY TREASURER’S QUARTERLY INVESTMENT REPORT AS OF DECEMBER 31, 2019 TABLE OF CONTENTS Page I. Executive Summary 1 II. Contra Costa County Investment Pool Summary 2 III. Appendix A. Investment Portfolio Detail—Managed by Treasurer’s Office 1. Portfolio Statement 6 2. Market Valuation Sources 24 B. Investment Portfolio Detail – Managed by Outside Contracted Parties 1. PFM 25 2. State of California Local Agency Investment Fund 36 3. Wells Capital Management 37 4. CalTRUST Liquidity 95 5. US Bank 100 6. Other a. East Bay Regional Communications System Authority (EBRCS) 105 EXECUTIVE SUMMARY • The Treasurer's investment portfolio is in compliance with Government Code 53600 et. seq.. • The Treasurer's investment portfolio is in compliance with the Treasurer's current investment policy. • The Treasurer’s investment portfolio has no securities lending, reverse repurchase agreements or derivatives. • As of 12/31/19, the fair value of the Treasurer’s investment portfolio was 1.0036% of the cost. More than 81 percent of the portfolio or over $3.10 billion will mature in less than a year. Historical activities combined with future cash flow projections indicate that the County is able to meet its cash flow needs for the next six months. • Treasurer’s Investment Portfolio Characteristics Par $3,793,643,291.38 Cost $3,781,249,025.66 Market Value $3,794,745,338.01 Weighted Yield to Maturity 1.94% Weighted Average Days to Maturity 221 days Weighted Duration 0.58 year Notes: 1. All reporting information is unaudited but due diligence was utilized in its preparation. 2. There may be slight differences between the investment pool summary pages and the attached statements and exhibits from time to time. The variances are largely due to the timing difference in recording and/or posting transactions, interests, security values, etc. 3. All securities and amounts reported are denominated in U.S. Dollars. Page 1 PERCENT OF TYPE PAR VALUE COST FAIR VALUE TOTAL COST A. Investments Managed by Treasurer's Office 1. U.S. Treasuries (STRIPS, Bills, Notes)$93,093,000.00 $92,072,543.84 $92,310,322.16 2.43% 2. U.S. Agencies Federal Home Loan Banks 334,570,000.00 333,537,761.35 335,078,082.63 8.82% Federal National Mortgage Association 102,639,000.00 102,256,850.04 102,874,106.88 2.70% Federal Farm Credit Banks 134,682,000.00 134,544,579.89 135,156,753.92 3.56% Federal Home Loan Mortgage Corporation 151,281,000.00 151,178,875.55 150,909,986.89 4.00% Subtotal 723,172,000.00 721,518,066.83 724,018,930.32 19.08% 3. Supranationals - International Government 315,000,000.00 314,344,015.56 315,733,850.00 8.31% 4. Money Market Instruments Commercial Paper 1,049,912,000.00 1,044,420,466.83 1,046,619,052.75 27.62% Negotiable Certificates of Deposit 760,000,000.00 760,000,000.00 760,117,146.99 20.10% Time Deposit 3,397.22 3,397.22 3,377.81 0.00% Subtotal 1,809,915,397.22 1,804,423,864.05 1,806,739,577.55 47.72% 5. Corporate Notes 329,761,000.00 326,372,977.97 332,005,622.96 8.63% TOTAL (Section A.)1 3,270,941,397.22 3,258,731,468.25 3,270,808,302.99 86.18% B. Investments Managed by Outside Contractors 1. PFM 88,351,075.92 88,211,812.31 88,981,707.51 2.33% 2. Local Agency Investment Fund (LAIF)257,611,444.13 257,611,444.13 258,067,493.15 2 6.81% 3. Wells Capital Management 44,400,996.10 44,355,922.96 44,549,456.35 3 1.17% 4. CalTRUST (Liquidity Fund)122,610,805.75 122,610,805.75 122,610,805.75 3.24% 5. US Bank (Federated Tax Free Cash Fund)5,400,000.00 5,400,000.00 5,400,000.00 0.14% 6. Other a. EBRCS Bond 1,602,439.52 1,602,439.52 1,602,439.52 0.04% TOTAL (Section B.)519,976,761.42 519,792,424.67 521,211,902.28 13.75% C. Cash 2,725,132.74 2,725,132.74 2,725,132.74 0.07% 4GRAND TOTAL (FOR A , B, & C)$3,793,643,291.38 $3,781,249,025.66 $3,794,745,338.01 100.00% Notes: 1. Excludes funds managed by PFM retained by Contra Costa School Insurance Group and Community College District 2. Estimated Fair Value 3. Base Market Value plus Accrued Interest 4. Does not include the Futuris Public Entity Trust of the Contra Costa Community College District Retirement Board of Authority CONTRA COSTA COUNTY INVESTMENT POOL As of December 31, 2019 Page 2 CONTRA COSTA COUNTY INVESTMENT POOL - EARNING STATISTICS Fiscal Quarter Year To Date To Date Average Daily Balance ($)3,097,396,672.55 3,198,590,785.00Net Earnings ($)34,811,718.43 16,995,663.52Earned Income Yield 2.20%2.08% CONTRA COSTA COUNTY INVESTMENT POOL - PORTFOLIO STATISTICS Investment Par Fair YTM WAM PercentageTypeValueValueof($)($)(%)(days)Portfolio U.S. Treasury 93,093,000.00 92,310,322.16 1.53 203 2.43%Agencies 723,172,000.00 724,018,930.32 1.88 454 19.08%Commercial Paper 1,049,912,000.00 1,046,619,052.75 1.81 64 27.58%NCD/YCD 760,000,000.00 760,117,146.99 1.86 74 20.03%Corporate Notes 329,761,000.00 332,005,622.96 2.61 569 8.75%Time Deposit 3,397.22 3,377.81 0.40 145 0.00%Supranationals 315,000,000.00 315,733,850.00 2.09 341 8.32%PFM 88,351,075.92 88,981,707.51 2.30 681 2.34%LAIF 257,611,444.13 258,067,493.15 2.04 1 6.80%CalTRUST (Liquidity)122,610,805.75 122,610,805.75 1.68 0 3.23%Wells Cap 44,400,996.10 44,549,456.35 1.76 299 1.17%US Bank (Federated Tax Free)5,400,000.00 5,400,000.00 N/A N/A 0.14%Misc.1 1,602,439.52 1,602,439.52 N/A N/A 0.04%Cash 2,725,132.74 2,725,132.74 1.71 2 0 0.07% Total Fund3 3,793,643,291.38 3,794,745,338.01 1.94 221 100.00% 1. East Bay Regional Communications System Authority. 2. Average Earning Allowance for this quarter. 3. Excludes the Futuris Public Entity Trust of the CCCCD Retirment Board of Authority. CONTRA COSTA COUNTY INVESTMENT POOL As of December 31, 2019 Page 3 CONTRA COSTA COUNTY INVESTMENT POOL AT A GLANCE As of December 31, 2019 NOTES TO INVESTMENT PORTFOLIO SUMMARY AND AT A GLANCE AS OF DECEMBER 31, 2019 1. All report information is unaudited but due diligence was utilized in its preparation.2. There may be slight differences between the portfolio summary page and the attached exhibits and statements for investments managed by outside contractors or trustees. The variance is due to the timing difference in recording transactions associated with outside contracted parties during interim periods and later transmitted to the appropriate county agency and/or the Treasurer’s Office. In general, the Treasurer’s records reflect booked costs at the beginning of a period.3. All securities and amounts included in the portfolio are denominated in United States Dollars.4. The Contra Costa County investment portfolio maintains Standard & Poor's highest credit quality rating of AAAf and lowest volatility of S1+. The portfolio consists of a large portion of short-term investments with credit rating of A-1/P-1 or better. The majority of the long-term investments in the portfolio are rated AA or better.5. In accordance with Contra Costa County's Investment Policy, the Treasurer's Office has constructed a portfolio that safeguards the principal, meets the liquidity needs and achieves a return. As a result, more than 81% of the portfolio will mature in less than a year with a weighted average maturity of 221 days. U.S. Treasuries 2.43% U.S.Agencies 19.08% Supranationals 8.31% Money Market 47.72% Corporate Notes 8.63%PFM 2.33%LAIF 6.81%Wells Cap 1.17% CalTRUST 3.24% US Bank 0.14% Other 0.04% Cash 0.07% PORTFOLIO BREAKDOWN BY INVESTMENT 81.90% 7.59%6.24%2.21%2.06%$0 $500,000,000 $1,000,000,000 $1,500,000,000 $2,000,000,000 $2,500,000,000 $3,000,000,000 $3,500,000,000 1 yr & less 1 to 2 yrs 2 to 3 yrs 3 to 4 yrs 4+ yrs MATURITY DISTRIBUTION AAA 11.70% AA+ 15.40% AA 7.85% AA- 2.14% A+ 0.35%A 0.63%A- 0.01% A-1+ 34.18% A-1 26.67% NR (CASH) 0.07% NR (Misc.) 0.92% BBB+ 0.07% PORTFOLIO CREDIT QUALITY 1.94%1.93% 2.35% 2.11% 1.76%1.68%1.71% 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% Total Treasurer PFM LAIF Wells CalTRUST LIQ Cash YIELD TO MATURITY BY PORTFOLIO Note:Total Port. consists of 86% Treasurer, 2% of PFM; 7% LAIF, 1% Wells Cap; 3% CalTRUST, and 1% of misc. 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3/17 6/17 9/17 12/17 3/18 6/18 9/18 12/18 3/19 6/19 9/19 12/19 QUARTERLY WEIGHTED YIELD TO MATURITY YTM County&Agencies 43.73% School Dist. 37.73% Community College Dist. 10.37% Voluntary Participants 8.17% POOL BALANCE BY PARTICIPANTS Note:More than 43% of the School Dist. funds from the bond proceeds Page 4 Note:All data provided by Bloomberg. MAJOR MARKET AND ECONOMIC DATA AS OF DECEMBER 31, 2019 0 1 2 3 4 5 6 7 12/99 12/02 12/05 12/08 12/11 12/14 12/17PercentageTREASURY YIELDS AND FED TARGET RATE US 2-YR TREASURY YIELD US 5-YR TREASURY YIELD FEDERAL FUND TARGET RATE -10 -8 -6 -4 -2 0 2 4 6 8 10 12/31/1912/31/1612/31/1312/31/1012/31/0712/31/0412/31/0112/31/98Percentage GROSS DOMESTIC PRODUCT GDP QoQ Change -2 -1 0 1 2 3 4 5 6 Dec-19Dec-17Dec-15Dec-13Dec-11Dec-09Dec-07Dec-05Dec-03Dec-01Dec-99Percentage CONSUMER PRICE INDEX CPI YoY Change Core CPI YoY Change 0 2 4 6 8 10 12 14 16 18 20 Dec-00 Dec-02 Dec-04 Dec-06 Dec-08 Dec-10 Dec-12 Dec-14 Dec-16 Dec-18PercentageEMPLOYMENT RELATED RATES Unemployment Rate Underemployment Rate Page 5 SECTION III APPENDIX A. INVESTMENT PORTFOLIO DETAIL - MANAGED BY TREASURER’S OFFICE Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 1 of 18 85400 SUPRA IFC DISC 459516RH5 12/06/2019 1.510000 30,000,000.00 29,998,800.00 32,716.66 1,316.67 01/07/2020 1.481950 29,960,533.33 99.979000 IDC-FIS 0.00 85402 SUPRA IBRD DISC 459052RM0 12/06/2019 1.480000 30,000,000.00 29,993,700.00 32,066.67 1,100.00 01/03/2020 1.511775 29,964,766.67 99.996000 IDC-FIS 0.00 01/22/2020 1.583336 29,936,800.00 99.916000 IDC-FIS 0.00 85395 SUPRA IFC DISC 459516SC5 12/05/2019 1.580000 30,000,000.00 29,974,800.00 35,550.00 2,450.00 02/10/2020 1.564474 29,914,200.00 99.835000 IDC-FIS 0.00 85398 SUPRA IBRD DISC 459052SX5 12/06/2019 1.560000 30,000,000.00 29,950,500.00 33,800.00 2,500.00 1.535362 119,776,300.00 99.931500 0.00 Subtotal 1.532479 120,000,000.00 119,917,800.00 134,133.33 7,366.67 Inv Type: 5 SUPRANATIONALS DISC 83686 SUP INTL BK RECON &459058FA6 04/07/2017 1.376000 20,000,000.00 19,980,800.00 69,564.44 112,200.00 85425 SUPRA IBRD 45905U4Y7 12/17/2019 1.750000 25,000,000.00 25,032,250.00 17,013.89 32,250.00 84623 SUPRA INTL FINANCE 45950VMJ2 09/20/2018 2.750000 20,000,000.00 20,107,800.00 172,638.85 151,840.00 09/08/2020 2.750000 30,000,000.00 100.539000 IDC-FIS 0.00 84693 SUPRA INTL FINANCE 45950VMQ6 11/13/2018 3.000000 30,000,000.00 30,272,700.00 120,000.00 272,700.00 09/08/2020 2.865525 19,955,960.00 100.539000 IDC-FIS 0.00 84507 SUPRA IFC NOTE 45950KCM0 06/26/2018 2.250000 20,000,000.00 20,119,800.00 195,000.00 357,200.00 01/25/2021 2.336839 19,950,000.00 100.599000 IDC-FIS 0.00 84589 SUPRA INTL FINANCE 45950VMJ2 09/06/2018 2.750000 30,000,000.00 30,161,700.00 258,958.26 161,700.00 01/25/2021 2.729079 19,762,600.00 100.599000 IDC-FIS 0.00 84187 SUP INTL BK RECON A 45905US96 02/08/2018 2.400000 10,000,000.00 10,000,000.00 95,333.33 0.00 12/17/2022 1.750000 25,000,000.00 100.129000 IDC-FIS 0.00 84206 SUPRA IFC 45950KCM0 01/26/2018 2.250000 20,000,000.00 20,119,800.00 195,000.00 169,800.00 03/30/2020 1.602582 19,868,600.00 99.904000 IDC-FIS 0.00 85279 SUPRA IBRD CALLABLE 459058HG1 10/18/2019 2.200000 20,000,000.00 20,021,200.00 119,777.78 21,200.00 11/13/2020 3.000000 30,000,000.00 100.909000 IDC-FIS 0.00 02/08/2021 2.400000 10,000,000.00 100.000000 BOOK 0.00 09/23/2024 2.200000 20,030,555.56 100.106000 IDC-FIS 0.00 Subtotal 2.343085 195,000,000.00 195,816,050.00 1,243,286.55 1,278,890.00 2.435636 194,567,715.56 100.418487 0.00 Inv Type: 1 SUPRANATIONALS Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 6 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 2 of 18 85291 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 2,000,000.00 1,976,480.00 6,060.00 130.83 10/08/2020 1.537844 147,771.69 98.824000 IDC-FIS 0.00 10/08/2020 1.537845 1,970,289.17 98.824000 IDC-FIS 0.00 10/08/2020 1.537844 147,771.69 98.824000 IDC-FIS 0.00 85292 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 150,000.00 148,236.00 454.50 9.81 10/08/2020 1.537846 443,315.06 98.824000 IDC-FIS 0.00 85289 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 5,000,000.00 4,941,200.00 15,150.00 327.08 85290 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 150,000.00 148,236.00 454.50 9.81 10/08/2020 1.537845 4,925,722.92 98.824000 IDC-FIS 0.00 85293 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 1,000,000.00 988,240.00 3,030.00 65.42 85296 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 2,000,000.00 1,976,480.00 6,060.00 130.83 85294 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 7,100,000.00 7,016,504.00 21,513.00 464.46 10/08/2020 1.537846 985,144.58 98.824000 IDC-FIS 0.00 10/08/2020 1.537845 6,994,526.54 98.824000 IDC-FIS 0.00 10/08/2020 1.537844 197,028.92 98.824000 IDC-FIS 0.00 85295 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 200,000.00 197,648.00 606.00 13.08 09/10/2020 1.655790 2,559,503.55 98.936000 IDC-FIS 0.00 85265 AUHSD GOV US TREASU 912796TJ8 10/02/2019 1.630000 2,600,000.00 2,572,336.00 10,712.72 2,119.73 10/08/2020 1.537845 19,702,891.67 98.824000 IDC-FIS 0.00 85282 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 20,000,000.00 19,764,800.00 60,600.00 1,308.33 09/10/2020 1.655789 108,286.69 98.936000 IDC-FIS 0.00 85230 RM GOV TREASURY BIL 912796TJ8 09/13/2019 1.740000 2,500,000.00 2,473,400.00 13,291.67 3,970.83 85288 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 450,000.00 444,708.00 1,363.50 29.44 85264 AUHSD GOV US TREASU 912796TJ8 10/02/2019 1.630000 110,000.00 108,829.60 453.23 89.68 09/10/2020 1.771073 2,456,137.50 98.936000 IDC-FIS 0.00 85283 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 200,000.00 197,648.00 606.00 13.08 10/08/2020 1.537847 344,800.60 98.824000 IDC-FIS 0.00 85286 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 350,000.00 345,884.00 1,060.50 22.90 10/08/2020 1.537845 5,418,295.21 98.824000 IDC-FIS 0.00 85287 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 5,500,000.00 5,435,320.00 16,665.00 359.79 10/08/2020 1.537846 492,572.29 98.824000 IDC-FIS 0.00 85284 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 300,000.00 296,472.00 909.00 19.63 10/08/2020 1.537844 197,028.92 98.824000 IDC-FIS 0.00 85285 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 500,000.00 494,120.00 1,515.00 32.71 10/08/2020 1.537847 295,543.37 98.824000 IDC-FIS 0.00 Inv Type: 11 TREASURY BILLS Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 7 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 3 of 18 85332 PW GOV US TREASURY 912796TN9 11/04/2019 1.500000 1,622,000.00 1,613,808.90 3,919.83 0.00 10/08/2020 1.537847 344,800.60 98.824000 IDC-FIS 0.00 04/30/2020 1.511208 1,609,970.17 99.495000 IDC-FIS -81.10 10/08/2020 1.500918 887,457.00 98.824000 IDC-FIS -187.00 85333 PW GOV US TREASURY 912796TN9 11/04/2019 1.480000 900,000.00 889,416.00 2,146.00 0.00 85309 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 350,000.00 345,884.00 1,060.50 22.90 85307 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 250,000.00 247,060.00 757.50 16.35 10/08/2020 1.537844 246,286.15 98.824000 IDC-FIS 0.00 10/08/2020 1.537845 2,364,347.00 98.824000 IDC-FIS 0.00 85308 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 2,400,000.00 2,371,776.00 7,272.00 157.00 02/06/2020 1.520952 1,993,168.59 99.855000 IDC-FIS 0.00 02/06/2020 1.520953 2,491,211.71 99.855000 IDC-FIS 0.00 85351 HR GOV US TREASURY 912796TE9 11/05/2019 1.515000 2,501,000.00 2,497,373.55 5,999.27 162.57 85352 HR GOV US TREASURY 912796TE9 11/05/2019 1.515000 1,850,000.00 1,847,317.50 4,437.69 120.25 85353 HR GOV US TREASURY 912796TE9 11/05/2019 1.515000 2,001,000.00 1,998,098.55 4,799.90 130.06 02/06/2020 1.520953 1,842,759.56 99.855000 IDC-FIS 0.00 85299 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 400,000.00 395,296.00 1,212.00 26.17 10/08/2020 1.537845 788,115.67 98.824000 IDC-FIS 0.00 10/08/2020 1.537846 394,057.83 98.824000 IDC-FIS 0.00 10/08/2020 1.537844 246,286.15 98.824000 IDC-FIS 0.00 85300 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 250,000.00 247,060.00 757.50 16.35 10/08/2020 1.537845 1,970,289.17 98.824000 IDC-FIS 0.00 10/08/2020 1.537844 147,771.69 98.824000 IDC-FIS 0.00 85297 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 600,000.00 592,944.00 1,818.00 39.25 85298 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 800,000.00 790,592.00 2,424.00 52.33 10/08/2020 1.537845 591,086.75 98.824000 IDC-FIS 0.00 85301 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 1,300,000.00 1,284,712.00 3,939.00 85.04 10/08/2020 1.537844 197,028.92 98.824000 IDC-FIS 0.00 85304 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 200,000.00 197,648.00 606.00 13.08 85305 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 1,500,000.00 1,482,360.00 4,545.00 98.13 85306 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 150,000.00 148,236.00 454.50 9.81 10/08/2020 1.537846 1,477,716.87 98.824000 IDC-FIS 0.00 85302 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 1,000,000.00 988,240.00 3,030.00 65.42 10/08/2020 1.537845 1,280,687.96 98.824000 IDC-FIS 0.00 10/08/2020 1.537846 985,144.58 98.824000 IDC-FIS 0.00 10/08/2020 1.537846 886,630.12 98.824000 IDC-FIS 0.00 85303 PW GOV US TREASURY 912796TN9 10/21/2019 1.515000 900,000.00 889,416.00 2,727.00 58.88 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 8 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 4 of 18 83168 RM GOV FHLB NOTES 3133834H1 06/10/2016 1.375000 5,265,000.00 5,258,313.45 3,820.86 0.00 06/12/2020 1.180179 1,879,174.00 99.873000 IDC-FIS -16,542.55 83629 WT GOV FHLB NOTES 3130AABG2 03/08/2017 1.875000 170,000.00 170,912.90 283.33 2,249.10 06/12/2020 1.180179 5,305,014.00 99.873000 IDC-FIS -46,700.55 83167 RM GOV FHLB NOTES 3133834H1 06/10/2016 1.375000 1,865,000.00 1,862,631.45 1,353.42 0.00 12/11/2020 1.513574 248,377.50 99.738000 IDC-FIS 0.00 82929 KFPD GOV FHLB NOTES 313381CA1 01/27/2016 1.375000 250,000.00 249,345.00 190.97 967.50 12/11/2020 1.570027 253,565.00 100.213000 IDC-FIS -3,032.50 82931 KFPD GOV FHLB NOTES 3130A3UQ5 01/25/2016 1.875000 250,000.00 250,532.50 260.42 0.00 83728 RM GOV FHLB NOTES 3130AB5A0 04/27/2017 1.750000 5,000,000.00 5,007,200.00 20,416.67 2,091.75 11/29/2021 2.050128 168,663.80 100.537000 IDC-FIS 0.00 Inv Type: 22 FEDERAL HOME LOAN BANKS 08/31/2022 1.670000 169,636.30 100.082000 IDC-FIS 0.00 83893 WT GOV US TREASURY 9128282S8 09/11/2017 1.625000 170,000.00 170,139.40 933.48 503.10 1.670000 169,636.30 100.082000 0.00 Subtotal 1.625000 170,000.00 170,139.40 933.48 503.10 Inv Type: 12 TREASURY NOTES 05/07/2020 1.541531 992,520.00 99.467000 IDC-FIS 0.00 85361 PW GOV US TREASURY 912796TT6 11/13/2019 1.530000 1,000,000.00 994,670.00 2,082.50 67.50 01/28/2020 1.451638 3,399,869.75 99.894000 IDC-FIS 0.00 85435 SO GOV US TREASURY 912796WQ8 12/31/2019 1.450000 3,403,708.38 3,400,100.45 137.09 93.61 05/07/2020 1.541531 4,267,836.00 99.467000 IDC-FIS 0.00 85359 PW GOV US TREASURY 912796TT6 11/13/2019 1.530000 4,300,000.00 4,277,081.00 8,954.75 290.25 05/07/2020 1.541531 1,091,772.00 99.467000 IDC-FIS 0.00 85360 PW GOV US TREASURY 912796TT6 11/13/2019 1.530000 1,100,000.00 1,094,137.00 2,290.75 74.25 01/28/2020 1.451627 819,968.59 99.894000 IDC-FIS 0.00 85438 SO GOV US TREASURY 912796WQ8 12/31/2019 1.450000 10,411,343.29 10,400,307.27 419.35 286.32 01/28/2020 1.451638 10,399,601.60 99.894000 IDC-FIS 0.00 85436 SO GOV US TREASURY 912796WQ8 12/31/2019 1.450000 2,803,053.96 2,800,082.72 112.90 77.08 01/28/2020 1.451636 2,799,892.74 99.894000 IDC-FIS 0.00 85437 SO GOV US TREASURY 912796WQ8 12/31/2019 1.450000 820,894.37 820,024.22 33.06 22.57 1.529431 91,902,907.54 99.157564 -268.10 Subtotal 1.512467 92,923,000.00 92,140,182.76 226,440.71 11,102.61 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 9 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 5 of 18 85034 CLT GOV FHLB NOTES 3130AGBN4 04/26/2019 2.375000 250,000.00 250,542.50 1,138.02 691.25 12/09/2022 2.619519 1,991,172.00 102.483000 IDC-FIS 0.00 04/22/2020 2.435975 249,851.25 100.217000 IDC-FIS 0.00 06/10/2022 1.617030 993,775.86 101.152000 IDC-FIS -2,486.26 85182 RM GOV FHLB NOTES 313379Q69 08/06/2019 2.125000 980,000.00 991,289.60 1,214.79 0.00 84712 RM GOV FHLB NOTES 3130ABCV6 11/27/2018 1.690000 5,000,000.00 5,001,250.00 9,858.33 146,350.00 84713 RM GOV FHLB NOTES 3130AEV80 11/27/2018 2.750000 5,000,000.00 5,141,750.00 43,923.61 181,055.00 84835 RM GOV FHLB NOTES 3130A3KM5 01/16/2019 2.500000 2,000,000.00 2,049,660.00 3,055.56 58,488.00 09/06/2022 2.965325 4,960,695.00 102.835000 IDC-FIS 0.00 85183 RM GOV FHLB NOTES 313379Q69 08/06/2019 2.125000 2,920,000.00 2,953,638.40 3,619.59 0.00 10/01/2020 1.751384 2,000,166.44 100.060000 IDC-FIS 0.00 85254 RM GOV FHLB NOTES 3130AH7J6 10/03/2019 1.750000 2,000,000.00 2,001,200.00 8,750.00 1,228.00 85251 RM GOV FHLB NOTE 3130AH7J6 10/01/2019 1.750000 375,000.00 375,225.00 1,640.63 378.75 06/10/2022 1.617030 2,961,046.44 101.152000 IDC-FIS -7,408.04 10/01/2020 1.791552 374,846.25 100.060000 IDC-FIS 0.00 08/17/2021 1.513388 1,993,510.44 99.472000 IDC-FIS -876.00 85253 RM GOV FHLB NOTES 3135G0N82 10/03/2019 1.250000 2,000,000.00 1,989,440.00 9,305.55 0.00 84420 WT GOV FHLB NOTE 3130AE3Q1 05/21/2018 2.735000 165,000.00 169,189.35 890.01 5,231.49 02/08/2021 2.375000 3,500,000.00 100.783000 IDC-FIS 0.00 04/20/2022 2.906513 163,957.86 102.539000 IDC-FIS 0.00 05/16/2022 2.675015 2,497,682.50 102.419000 IDC-FIS 0.00 84459 RM GOV FHLB NOTE 3130AEEQ9 06/01/2018 2.650000 2,500,000.00 2,560,475.00 8,281.25 62,792.50 04/07/2021 1.723000 5,005,108.25 100.144000 IDC-FIS 0.00 05/19/2021 2.912372 4,854,900.00 100.025000 IDC-FIS 0.00 84066 RM GOV FHLB NOTES 3130AAB49 12/08/2017 1.875000 4,500,000.00 4,522,005.00 4,921.88 60,880.50 84190 RM GOV FHLB NOTES 3130ADME9 02/08/2018 2.375000 3,500,000.00 3,527,405.00 33,019.10 27,405.00 12/10/2021 2.100994 4,461,124.50 100.489000 IDC-FIS 0.00 84581 GOV FHLB NOTES 3130AEU65 08/29/2018 2.625000 20,000,000.00 20,123,400.00 189,583.33 154,560.00 06/10/2022 2.832511 4,984,325.00 102.744000 IDC-FIS 0.00 08/21/2020 2.706385 19,968,840.00 100.617000 IDC-FIS 0.00 10/15/2020 2.881030 19,991,560.00 100.931000 IDC-FIS 0.00 84637 GOV FHLB NOTES 3130AF2D8 10/01/2018 2.860000 20,000,000.00 20,186,200.00 120,755.56 194,640.00 05/28/2021 2.565000 2,498,930.00 101.324000 IDC-FIS 0.00 84460 RM GOV FHLB NOTE 3130AEEP1 06/01/2018 2.550000 2,500,000.00 2,533,100.00 5,843.75 34,170.00 84480 RM FHLB NOTE 3130AEEP1 06/08/2018 2.550000 5,000,000.00 5,066,200.00 11,687.50 86,430.00 84489 RM FHLB NOTE 3130AEBM1 06/08/2018 2.750000 5,000,000.00 5,137,200.00 8,020.66 152,875.00 05/28/2021 2.692494 4,979,770.00 101.324000 IDC-FIS 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 10 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 6 of 18 84909 RM GOV FNMA NOTES 3135G0T94 03/08/2019 2.375000 5,000,000.00 5,112,900.00 53,437.50 130,415.00 01/19/2023 2.543456 5,962,698.00 102.258000 IDC-FIS 0.00 85023 RM GOV FNMA NOTES 3135G0T29 04/15/2019 1.500000 252,000.00 251,952.12 1,291.50 2,012.72 01/19/2023 2.470220 4,982,485.00 102.258000 IDC-FIS 0.00 84892 RM GOV FNMA NOTES 3135G0T94 02/28/2019 2.375000 6,000,000.00 6,135,480.00 64,125.00 172,782.00 01/05/2022 2.564557 4,897,635.00 100.771000 IDC-FIS 0.00 84248 RM GOV FNMA NOTES 3135G0S38 03/07/2018 2.000000 5,000,000.00 5,038,550.00 48,888.89 140,915.00 07/30/2020 2.597150 495,709.20 99.907000 IDC-FIS 0.00 84836 KFPD GOV FNMA NOTES 3135G0T60 01/16/2019 1.500000 504,000.00 503,531.28 3,171.00 7,822.08 10/15/2024 1.660850 19,965,800.00 99.544000 IDC-FIS -57,000.00 85280 GOV FNMA NOTES 3135G0W66 10/18/2019 1.625000 20,000,000.00 19,908,800.00 65,902.78 0.00 06/05/2020 2.394907 247,287.00 99.920000 IDC-FIS 0.00 85033 RM GOV FNMA NOTES 3135G0V59 04/30/2019 2.250000 5,000,000.00 5,074,800.00 24,687.50 83,350.00 02/28/2020 2.455755 249,939.40 99.981000 IDC-FIS 0.00 85058 KFPD GOV FNMA NOTE 3136G12H1 04/25/2019 1.400000 250,000.00 249,800.00 252.78 2,513.00 04/12/2022 2.310093 4,991,450.00 101.496000 IDC-FIS 0.00 02/05/2020 1.286438 4,020,000.00 99.982000 IDC-FIS -20,720.00 83210 RM GOV FNMA NOTES 3136G16D6 07/12/2016 1.350000 2,465,000.00 2,461,549.00 462.19 0.00 06/26/2020 1.070378 2,491,622.00 99.860000 IDC-FIS -30,073.00 82436 WT GOV FNMA NOTES 3135G0A78 03/16/2015 1.625000 170,000.00 170,005.10 1,227.78 27.20 01/21/2020 1.627650 169,977.90 100.003000 IDC-FIS 0.00 83000 RM GOV FNMA NOTES 3136G1C98 03/28/2016 1.420000 4,000,000.00 3,999,280.00 23,035.56 0.00 02/26/2021 1.648008 3,961,360.00 99.749000 IDC-FIS 0.00 84217 GOV FNMA NOTES 3135G0S38 03/01/2018 2.000000 5,000,000.00 5,038,550.00 48,888.89 145,965.00 01/05/2022 2.590321 4,892,585.00 100.771000 IDC-FIS 0.00 83474 RM GOV FNMA NOTES 3136G04H1 12/07/2016 1.700000 4,998,000.00 4,999,549.38 11,328.80 5,397.84 11/13/2020 1.720219 4,994,151.54 100.031000 IDC-FIS 0.00 83810 RM GOV FNMA NOTES 3135G0J20 06/29/2017 1.375000 4,000,000.00 3,989,960.00 19,097.22 28,600.00 Inv Type: 23 FEDERAL NATIONAL MORTGAGE ASSO 07/06/2022 1.483037 2,004,768.67 99.920000 IDC-FIS -5,762.00 85255 RM GOV FHLB NOTES 3130AH6Q1 10/03/2019 1.560000 2,000,000.00 1,998,400.00 8,233.34 0.00 12/23/2020 1.645000 23,995,200.00 99.887000 IDC-FIS -22,320.00 85430 GOV FHLB NOTES 3130AHSN4 12/23/2019 1.625000 24,000,000.00 23,972,880.00 8,666.67 0.00 2.284372 122,286,024.76 100.701596 -105,127.90 Subtotal 2.211833 122,490,000.00 123,349,385.15 508,734.80 1,172,483.84 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 11 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 7 of 18 84289 RM GOV FFCB NOTES 3133EJHC6 03/29/2018 2.600000 5,000,000.00 5,108,950.00 36,111.11 111,350.00 02/12/2021 2.464582 4,983,855.00 100.861000 IDC-FIS 0.00 03/21/2022 2.612688 4,997,600.00 102.179000 IDC-FIS 0.00 07/16/2020 2.708286 498,963.50 100.571000 IDC-FIS 0.00 84547 KFPD GOV FFCB BOND 3133EJUM9 07/25/2018 2.600000 500,000.00 502,855.00 5,958.33 3,891.50 01/12/2022 2.455479 3,466,746.50 101.209000 IDC-FIS 0.00 84218 GOV FFCB NOTES 3133EJCE7 03/01/2018 2.350000 5,000,000.00 5,043,050.00 45,368.06 61,495.00 84249 RM GOV FFCB NOTES 3133EJCE7 03/07/2018 2.350000 5,000,000.00 5,043,050.00 45,368.06 59,195.00 02/12/2021 2.480332 4,981,555.00 100.861000 IDC-FIS 0.00 84636 GOV FFCB NOTES 3133EJB81 09/27/2018 2.730000 18,000,000.00 18,055,440.00 131,040.00 74,610.00 84849 KFPD GOV FFCB NOTES 3133EJ4Q9 01/22/2019 2.550000 250,000.00 252,490.00 3,010.42 2,962.75 03/25/2020 2.803194 17,980,830.00 100.308000 IDC-FIS 0.00 01/11/2021 2.648926 249,527.25 100.996000 IDC-FIS 0.00 03/13/2020 2.545874 28,489,968.00 100.229000 IDC-FIS 0.00 84918 GOV FFCB NOTES 3133EKCW4 03/13/2019 2.510000 28,500,000.00 28,565,265.00 214,605.00 75,297.00 12/14/2020 1.320066 155,578.15 99.849000 IDC-FIS -812.20 82986 RM GOV FFCB NOTES 3133EFK63 03/15/2016 1.250000 4,061,000.00 4,058,441.57 16,497.81 25,584.30 03/04/2020 1.430176 4,032,857.27 99.937000 IDC-FIS 0.00 82946 WT GOV FFCB NOTES 3133EC6Z2 02/12/2016 1.400000 155,000.00 154,765.95 102.47 0.00 84191 RM GOV FFCB NOTES 3133EH6X6 02/08/2018 2.200000 3,500,000.00 3,542,315.00 36,147.22 75,568.50 82683 WT GOV FFCB NOTES 3133EE5Z9 09/11/2015 1.750000 170,000.00 170,214.20 1,214.79 57.80 08/04/2020 1.730194 170,156.40 100.126000 IDC-FIS 0.00 83007 RM GOV FFCB NOTES 3133EFV20 03/30/2016 1.490000 4,000,000.00 3,996,760.00 15,065.56 0.00 04/13/2020 1.578010 9,991,900.00 99.964000 IDC-FIS 0.00 83813 GOV FFCB NOTES 3133EHQB2 07/06/2017 1.550000 10,000,000.00 10,000,100.00 75,347.22 3,300.00 07/06/2020 1.560960 9,996,800.00 100.001000 IDC-FIS 0.00 83725 GOV FFCB NOTES 3133EHFL2 04/26/2017 1.550000 10,000,000.00 9,996,400.00 33,583.33 4,500.00 03/30/2020 1.490000 4,000,000.00 99.919000 IDC-FIS -3,240.00 83344 RM GOV FFCB NOTES 3133EGUT0 09/28/2016 1.170000 4,690,000.00 4,674,710.60 15,242.51 0.00 09/21/2020 1.110242 4,700,880.80 99.674000 IDC-FIS -26,170.20 Inv Type: 27 FEDERAL FARM CREDIT BANKS 10/15/2024 1.660850 9,982,900.00 99.544000 IDC-FIS -28,500.00 85281 GOV FNMA NOTES 3135G0W66 10/18/2019 1.625000 10,000,000.00 9,954,400.00 32,951.39 0.00 1.932164 72,305,600.04 100.344315 -136,293.00 Subtotal 1.801002 72,639,000.00 72,889,106.88 398,748.78 719,799.84 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 12 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 8 of 18 07/10/2023 1.750000 20,000,000.00 98.994000 IDC-FIS -201,200.00 85263 GOV FHLMC NOTE 3134GUHJ2 10/10/2019 1.750000 20,000,000.00 19,798,800.00 78,750.00 0.00 85266 GOV FHLMC NOTE 3134GUHC7 10/15/2019 1.750000 20,000,000.00 20,002,200.00 73,888.89 2,200.00 85272 GOV FHLMC CALLABLE 3134GUJN1 10/17/2019 2.100000 10,000,000.00 10,001,700.00 43,166.67 1,700.00 10/15/2021 1.750000 20,000,000.00 100.011000 IDC-FIS 0.00 83809 RM GOV FHLMC NOTES 3134GBTQ5 06/29/2017 1.500000 4,000,000.00 3,995,760.00 27,666.66 3,760.00 08/12/2021 1.250127 171,979.30 99.262000 IDC-FIS -256.04 07/15/2020 1.567587 3,992,000.00 99.894000 IDC-FIS 0.00 08/09/2022 2.678470 156,011.25 101.952000 IDC-FIS 0.00 84250 WT GOV FHLMC NOTES 3134GBA69 03/07/2018 2.375000 158,000.00 161,084.16 1,480.15 5,072.91 83345 WLT GOV FHLMC NOTES 3137EAEC9 09/28/2016 1.125000 173,000.00 171,723.26 751.47 0.00 10/17/2022 2.100000 10,000,000.00 100.017000 IDC-FIS 0.00 85273 GOV FHLMC CALLABLE 3134GUJN1 10/17/2019 2.100000 10,000,000.00 10,001,700.00 43,166.67 1,700.00 Inv Type: 29 FHLMC NOTES 85325 PW GOV FHLMC DISC 313396WD1 10/29/2019 1.520000 1,500,000.00 1,492,526.67 4,053.33 0.01 04/28/2020 1.531771 1,488,473.33 99.501778 IDC-FIS 0.00 85195 PW GOV FHLMC DISC 313396SY0 08/15/2019 1.830000 450,000.00 449,226.13 3,179.63 164.00 02/11/2020 1.846899 445,882.50 99.828028 IDC-FIS 0.00 02/04/2020 1.513223 29,924,529.17 99.857389 IDC-FIS -16.53 85399 GOV FHLMC DISC 313396SQ7 12/06/2019 1.535000 30,000,000.00 29,957,216.67 32,704.03 0.00 1.518760 31,858,885.00 99.840280 -16.53 Subtotal 1.538428 31,950,000.00 31,898,969.47 39,936.99 164.01 Inv Type: 28 FHLMC DISCOUNT NOTES 85102 RM GOV FFCB NOTES 3133EKPG5 06/14/2019 2.125000 4,956,000.00 5,041,986.60 33,934.84 45,000.48 09/05/2023 1.920504 4,996,986.12 101.735000 IDC-FIS 0.00 85078 RM GOV FFCB NOTE 3133EKKT2 05/30/2019 2.250000 2,900,000.00 2,954,230.00 25,918.75 38,857.10 02/08/2023 2.100114 2,915,372.90 101.870000 IDC-FIS 0.00 03/15/2022 2.103694 2,963,253.00 100.116000 IDC-FIS 0.00 85077 RM GOV FFCB NOTE 3133EFN29 05/30/2019 1.650000 3,000,000.00 3,003,480.00 14,575.00 40,227.00 85422 GOV FFCB NOTES 3133ELDU5 12/13/2019 1.580000 25,000,000.00 24,992,250.00 19,750.00 20,500.00 12/13/2021 1.637661 24,971,750.00 99.969000 IDC-FIS 0.00 2.102081 134,544,579.89 100.352500 -30,222.40 Subtotal 2.052052 134,682,000.00 135,156,753.92 768,840.48 642,396.43 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 13 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 9 of 18 01/02/2020 2.061141 989,743.33 99.995806 IDC-FIS 0.00 85125 RM GOV FHLB DISC 313384RG6 07/05/2019 2.040000 1,000,000.00 999,958.06 10,200.00 14.73 85140 PW GOV FHLB DISC 313384SC4 07/18/2019 1.910000 1,000,000.00 999,119.17 8,860.27 233.34 85184 RM GOV FHLB DISC 313384A82 08/06/2019 1.750000 296,000.00 293,198.77 2,129.55 321.16 01/22/2020 1.929242 990,025.56 99.911917 IDC-FIS 0.00 85117 AUHSD GOV FHLB DISC 313384YA1 06/25/2019 1.910000 1,500,000.00 1,489,337.08 15,120.84 2,309.16 06/12/2020 1.946455 1,471,907.08 99.289139 IDC-FIS 0.00 06/12/2020 1.946454 520,073.84 99.289139 IDC-FIS 0.00 85118 AUHSD GOV FHLB DISC 313384YA1 06/25/2019 1.910000 530,000.00 526,232.44 5,342.69 815.91 85237 CCCSD GOV FHLB DISC 313384UN7 09/18/2019 1.850000 4,000,000.00 3,986,745.56 21,583.33 2,984.45 08/05/2020 1.781610 290,748.06 99.053639 IDC-FIS 0.00 03/20/2020 1.867660 3,962,177.78 99.668639 IDC-FIS 0.00 03/20/2020 1.867660 4,952,722.22 99.668639 IDC-FIS 0.00 85238 CCCSD GOV FHLB DISC 313384UN7 09/18/2019 1.850000 5,000,000.00 4,983,431.94 26,979.17 3,730.55 84940 AUHSD GOV FHLB DISC 313384TU3 03/21/2019 2.400000 377,000.00 376,035.40 7,188.14 568.53 03/02/2020 2.456835 6,798,015.14 99.744139 IDC-FIS 0.00 84941 AUHSD GOV FHLB DISC 313384TU3 03/21/2019 2.400000 6,959,000.00 6,941,194.63 132,684.93 10,494.56 03/02/2020 2.456836 368,278.73 99.744139 IDC-FIS 0.00 Inv Type: 43 FHLB DISCOUNT NOTES 01/14/2020 1.502441 29,951,250.00 99.950000 IDC-FIS 0.00 85401 GOV FNMA DISC 313588RU1 12/06/2019 1.500000 30,000,000.00 29,985,000.00 32,500.00 1,250.00 1.502441 29,951,250.00 99.950000 0.00 Subtotal 1.500000 30,000,000.00 29,985,000.00 32,500.00 1,250.00 Inv Type: 41 FNMA DISCOUNT NOTES 85320 GOV FHLMC CALLABLE 3134GUMN7 10/28/2019 1.800000 20,000,000.00 19,989,200.00 63,000.00 0.00 07/17/2023 1.800000 20,000,000.00 99.427000 IDC-FIS -114,600.00 85274 GOV FHLMC NOTE 3134GUJW1 10/17/2019 1.800000 20,000,000.00 19,885,400.00 74,000.00 0.00 10/28/2022 1.800000 20,000,000.00 99.946000 IDC-FIS -10,800.00 10/17/2022 2.100000 10,000,000.00 100.017000 IDC-FIS 0.00 10/30/2024 2.050000 15,000,000.00 100.023000 IDC-FIS 0.00 85326 GOV FHLMC CALLABLE 3134GUML1 10/30/2019 2.050000 15,000,000.00 15,003,450.00 52,104.17 3,450.00 1.857532 119,319,990.55 99.731853 -326,856.04 Subtotal 1.854693 119,331,000.00 119,011,017.42 457,974.68 17,882.91 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 14 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 10 of 18 01/10/2020 1.838035 29,868,850.00 99.957500 IDC-FIS 0.00 85277 CP EXXON MOBIL 30229AAD1 10/18/2019 1.830000 25,000,000.00 24,985,833.33 95,312.50 1,083.33 01/13/2020 1.838129 24,889,437.50 99.943333 IDC-FIS 0.00 85260 CP CREDIT AGRICOLE 22533TA22 10/09/2019 1.850000 30,000,000.00 29,998,583.33 129,500.13 125.00 01/02/2020 1.858118 29,868,958.20 99.995278 IDC-FIS 0.00 85275 CP EXXON MOBIL CORP 30229AAA7 10/16/2019 1.830000 30,000,000.00 29,987,250.00 117,425.00 975.00 Inv Type: 71 COMMERCIAL PAPER DISCOUNT 03/06/2020 1.585358 13,952,687.78 99.727361 IDC-FIS 0.00 85429 CCCSD GOV FHLB DISC 313384TY5 12/20/2019 1.580000 14,000,000.00 13,961,830.56 7,373.33 1,769.45 01/22/2020 1.502128 542,230.75 99.911917 IDC-FIS -3.17 85431 CCCSD GOV FHLB DISC 313384UN7 12/23/2019 1.585000 15,000,000.00 14,950,295.83 5,943.75 2,468.75 01/09/2020 1.450759 29,984,291.67 99.966444 IDC-FIS -400.01 85432 GOV FHLB DISC 313384RP6 12/27/2019 1.450000 30,000,000.00 29,989,933.33 6,041.67 0.00 03/20/2020 1.618000 14,941,883.33 99.668639 IDC-FIS 0.00 85427 PW GOV FHLB DISC 313384SC4 12/19/2019 1.500000 543,000.00 542,521.71 294.13 0.00 85271 PW GOV FHLB DISC 313384SL4 10/17/2019 1.620000 1,000,000.00 998,783.61 3,420.00 88.61 03/18/2020 1.856414 991,157.78 99.677028 IDC-FIS 0.00 01/30/2020 1.627691 995,275.00 99.878361 IDC-FIS 0.00 01/17/2020 1.646448 348,628.78 99.932889 IDC-FIS 0.00 85311 PW GOV FHLB DISC 313384RX9 10/23/2019 1.640000 350,000.00 349,765.11 1,116.11 20.22 03/18/2020 1.877656 3,962,386.67 99.677028 IDC-FIS 0.00 85239 CCCSD GOV FHLB DISC 313384UL1 09/18/2019 1.860000 4,000,000.00 3,987,081.11 21,700.00 2,994.44 85240 CCCSD GOV FHLB DISC 313384UL1 09/18/2019 1.860000 5,000,000.00 4,983,851.39 27,125.00 3,743.06 85250 PW GOV FHLB DISC 313384UL1 09/27/2019 1.840000 1,000,000.00 996,770.28 4,906.67 705.83 03/18/2020 1.877656 4,952,983.33 99.677028 IDC-FIS 0.00 85404 GOV FHLB DISC 313384RM3 12/06/2019 1.500000 50,000,000.00 49,987,416.67 54,166.67 0.00 06/01/2020 1.562173 520,908.65 99.337111 IDC-FIS -44.34 01/07/2020 1.502003 49,933,333.33 99.974833 IDC-FIS -83.33 01/16/2020 1.542706 49,912,305.56 99.937083 IDC-FIS 0.00 85405 GOV FHLB DISC 313384RW1 12/06/2019 1.540000 50,000,000.00 49,968,541.67 55,611.11 625.00 85383 LUHSD GOV FHLB DISC 313384WG0 12/02/2019 1.550000 20,000,000.00 19,895,133.33 25,833.33 0.00 05/01/2020 1.560143 19,869,972.22 99.475667 IDC-FIS -672.22 85389 PW GOV FHLB DISC 313384XP9 12/03/2019 1.550000 525,000.00 521,519.83 655.52 0.00 1.599040 211,251,736.59 99.834354 -1,203.07 Subtotal 1.590023 212,080,000.00 211,728,697.48 444,276.21 33,887.75 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 15 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 11 of 18 85341 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 2,350,000.00 2,346,115.97 6,957.96 388.40 02/05/2020 1.878980 1,890,920.11 99.834722 IDC-FIS 0.00 02/05/2020 1.878980 2,338,769.61 99.834722 IDC-FIS 0.00 02/05/2020 1.878984 398,088.44 99.834722 IDC-FIS 0.00 85342 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 400,000.00 399,338.89 1,184.34 66.11 85340 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 1,900,000.00 1,896,859.72 5,625.58 314.03 85338 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 500,000.00 499,173.61 1,480.41 82.64 02/05/2020 1.878980 5,374,193.99 99.834722 IDC-FIS 0.00 02/05/2020 1.878976 497,610.56 99.834722 IDC-FIS 0.00 02/05/2020 1.878984 398,088.44 99.834722 IDC-FIS 0.00 85339 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 400,000.00 399,338.89 1,184.34 66.11 02/05/2020 1.878980 3,383,751.77 99.834722 IDC-FIS 0.00 85343 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 3,400,000.00 3,394,380.56 10,066.84 561.95 85344 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 900,000.00 898,512.50 2,664.75 148.75 85346 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 2,600,000.00 2,595,702.78 7,698.17 429.72 02/05/2020 1.878979 895,699.00 99.834722 IDC-FIS 0.00 05/28/2020 1.839718 15,066,768.21 99.243556 IDC-FIS -1,252.22 85321 CP WALT DISNEY 2546R2EU6 10/29/2019 1.820000 15,230,000.00 15,114,793.51 49,277.52 0.00 85322 CP EXXON MOBIL CORP 30229AAT6 10/29/2019 1.770000 29,800,000.00 29,763,412.22 93,770.67 1,506.55 85327 CP WALT DISNEY COMP 2546R2BT2 10/31/2019 1.710000 30,000,000.00 29,919,250.00 88,350.00 475.00 01/27/2020 1.777867 29,668,135.00 99.877222 IDC-FIS 0.00 85310 CP CREDIT SUISSE NY 2254EABB8 10/18/2019 1.940000 30,000,000.00 29,941,916.67 121,249.98 8,199.99 85337 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 5,400,000.00 5,391,075.00 15,988.51 892.50 02/11/2020 1.952203 29,812,466.70 99.806389 IDC-FIS 0.00 01/08/2020 1.827019 29,884,733.40 99.966944 IDC-FIS 0.00 85314 CP MUFG BANK 62479LA88 10/24/2019 1.820000 30,000,000.00 29,990,083.33 104,649.94 699.99 02/27/2020 1.719721 29,830,425.00 99.730833 IDC-FIS 0.00 85331 PW CP CREDIT AGRICO 22533TB39 11/04/2019 1.740000 5,000,000.00 4,992,208.33 14,016.88 183.45 02/03/2020 1.747714 4,978,008.00 99.844167 IDC-FIS 0.00 02/03/2020 1.747714 4,978,008.00 99.844167 IDC-FIS 0.00 02/05/2020 1.878980 5,324,432.94 99.834722 IDC-FIS 0.00 85336 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 5,350,000.00 5,341,157.64 15,840.46 884.24 02/03/2020 1.747714 3,783,286.08 99.844167 IDC-FIS 0.00 85328 PW CP CREDIT AGRICO 22533TB39 11/04/2019 1.740000 3,800,000.00 3,794,078.33 10,652.83 139.42 85329 PW CP CREDIT AGRICO 22533TB39 11/04/2019 1.740000 2,000,000.00 1,996,883.33 5,606.75 73.38 85330 PW CP CREDIT AGRICO 22533TB39 11/04/2019 1.740000 5,000,000.00 4,992,208.33 14,016.88 183.45 02/03/2020 1.747714 1,991,203.20 99.844167 IDC-FIS 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 16 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 12 of 18 85384 CP EXXON MOBIL CORP 30229ABJ7 11/25/2019 1.650000 30,000,000.00 29,932,000.00 50,874.96 0.00 03/11/2020 1.687878 29,859,999.90 99.657778 IDC-FIS -4,666.60 02/18/2020 1.656452 29,883,125.10 99.773333 IDC-FIS -2,000.06 02/19/2020 1.676689 29,880,316.67 99.768611 IDC-FIS -1,225.01 85385 CP EXXON MOBIL CORP 30229ABK4 11/25/2019 1.670000 30,000,000.00 29,930,583.33 51,491.67 0.00 85382 CP EXXON MOBIL 30229ACB3 12/02/2019 1.680000 30,000,000.00 29,897,333.33 42,000.03 0.00 85369 CP EXXON MOBIL CORP 30229ABC2 11/20/2019 1.620000 30,000,000.00 29,940,500.00 56,700.00 0.00 02/12/2020 1.626147 29,886,600.00 99.801667 IDC-FIS -2,800.00 03/19/2020 1.780416 24,853,729.25 99.618667 IDC-FIS 0.00 85375 CP BNP PARIBAS 09659BCK4 11/21/2019 1.770000 25,000,000.00 24,904,666.67 50,395.80 541.62 04/02/2020 1.699574 29,831,000.00 99.527222 IDC-FIS -12,266.66 03/24/2020 1.912110 29,810,000.00 99.594222 IDC-FIS 0.00 85386 CP TOYOTA MOTOR CRE 89233GCQ7 11/25/2019 1.900000 30,000,000.00 29,878,266.67 58,583.33 9,683.34 85387 CP MUFG BANK 62479LCG8 12/03/2019 1.830000 30,000,000.00 29,890,000.00 44,225.03 4,375.07 85391 CP EXXON MOBILE 30229AD22 12/04/2019 1.690000 30,000,000.00 29,858,166.67 39,433.33 0.00 03/16/2020 1.839727 29,841,399.90 99.633333 IDC-FIS 0.00 85349 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 1,500,000.00 1,497,520.83 4,441.25 247.91 02/05/2020 1.878980 21,397,253.87 99.834722 IDC-FIS 0.00 02/05/2020 1.878979 1,492,831.67 99.834722 IDC-FIS 0.00 02/05/2020 1.878984 398,088.44 99.834722 IDC-FIS 0.00 85350 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 400,000.00 399,338.89 1,184.34 66.11 02/05/2020 1.878979 2,587,574.89 99.834722 IDC-FIS 0.00 03/11/2020 1.860901 24,853,541.75 99.657778 IDC-FIS 0.00 85347 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 4,300,000.00 4,292,893.06 12,731.59 710.70 85348 PW CP CREDIT SUISSE 2254EAB51 11/05/2019 1.870000 21,500,000.00 21,464,465.28 63,657.93 3,553.48 02/05/2020 1.878980 4,279,450.77 99.834722 IDC-FIS 0.00 85355 CP MUFG BANK 62479LAM7 11/06/2019 1.800000 30,000,000.00 29,971,666.67 84,000.00 1,666.67 03/11/2020 1.821447 29,811,458.33 99.657778 IDC-FIS 0.00 85358 CP BNP PARIBAS 09659BCB4 11/07/2019 1.810000 30,000,000.00 29,897,333.33 82,958.33 2,916.67 85362 CP CREDIT AGRICOLE 22533TC46 11/13/2019 1.800000 25,000,000.00 24,923,000.00 61,250.00 1,750.00 85365 CP CREDIT SUISSE 2254EACB7 11/18/2019 1.850000 25,000,000.00 24,914,444.44 56,527.75 4,374.94 03/04/2020 1.810137 24,860,000.00 99.692000 IDC-FIS 0.00 85356 CP EXXON MOBIL CORP 30229AB32 11/08/2019 1.670000 30,000,000.00 29,953,250.00 75,150.00 0.00 01/21/2020 1.806866 29,886,000.00 99.905556 IDC-FIS 0.00 02/03/2020 1.676767 29,878,925.00 99.844167 IDC-FIS -825.00 03/10/2020 1.811230 29,814,000.00 99.662667 IDC-FIS 0.00 85357 CP BNP PARIBAS 09659BCA6 11/07/2019 1.800000 30,000,000.00 29,898,800.00 82,500.00 2,300.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 17 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 13 of 18 85313 YCD SOCIETE GENERAL 83369XCH9 10/24/2019 1.860000 30,000,000.00 30,000,619.43 106,950.00 619.43 01/06/2020 1.860000 30,000,000.00 100.002065 IDC-FIS 0.00 85318 YCD STANDARD CHARTE 85325T7J8 10/25/2019 1.950000 30,000,000.00 30,009,946.90 110,500.00 9,946.90 01/28/2020 1.850000 30,000,000.00 100.008844 IDC-FIS 0.00 85278 YCD CREDIT AGRICOLE 22535CHV6 10/18/2019 1.890000 30,000,000.00 30,003,444.31 118,125.00 3,444.31 01/27/2020 1.890000 30,000,000.00 100.011481 IDC-FIS 0.00 85312 YCD NORDEA BANK NY 65558TNS0 10/23/2019 1.850000 30,000,000.00 30,002,653.30 107,916.67 2,653.30 02/25/2020 1.950000 30,000,000.00 100.033156 IDC-FIS 0.00 Inv Type: 72 NEGOTIABLE CERT OF DEPOSIT 85433 CP MUFG BANK 62479LCT0 12/27/2019 1.880000 30,000,000.00 29,873,866.67 7,833.33 8,599.94 05/18/2020 1.915264 29,760,916.67 99.294667 IDC-FIS 0.00 03/27/2020 1.888976 29,857,433.40 99.579556 IDC-FIS 0.00 03/25/2020 1.908966 29,859,083.40 99.589333 IDC-FIS 0.00 85434 CP CREDIT SUISSE 2254EACR2 12/27/2019 1.900000 30,000,000.00 29,876,800.00 7,916.66 9,799.94 85428 CP TOYOTA MOTOR CRE 89233GEJ1 12/19/2019 1.900000 30,000,000.00 29,788,400.00 20,583.33 6,900.00 85409 CP TOYOTA MOTOR CRE 89233GDU7 12/09/2019 1.860000 30,000,000.00 29,818,083.33 35,650.00 983.33 03/11/2020 1.707742 30,859,466.67 99.657778 IDC-FIS -3,616.67 04/28/2020 1.873650 29,781,450.00 99.393611 IDC-FIS 0.00 03/09/2020 1.868788 29,858,949.90 99.667556 IDC-FIS 0.00 85410 CP MUFG BNK 62479LC94 12/09/2019 1.860000 30,000,000.00 29,900,266.67 35,650.03 5,666.74 04/24/2020 1.782356 29,792,025.00 99.414167 IDC-FIS -7,600.00 85394 CP SOCIETE GENERALE 83369BDQ6 12/05/2019 1.770000 30,000,000.00 29,824,250.00 39,825.00 0.00 85403 CP WALT DISNEY COMP 2546R2DH6 12/06/2019 1.680000 36,450,000.00 36,249,575.63 44,226.02 0.00 85406 CP EXXON MOBIL CORP 30229ACB3 12/06/2019 1.700000 31,000,000.00 30,893,911.11 38,061.11 0.00 04/17/2020 1.690493 36,223,766.88 99.450139 IDC-FIS -18,417.27 85420 CP MUFG BANK 62479LAA3 12/13/2019 1.960000 20,732,000.00 20,723,188.90 21,446.10 1,347.58 04/15/2020 1.862057 29,805,750.00 99.460417 IDC-FIS 0.00 01/10/2020 1.962992 20,700,395.22 99.957500 IDC-FIS 0.00 03/02/2020 1.746500 29,888,350.00 99.701778 IDC-FIS -1,016.67 85424 CP CREDIT AGRICOLE 22533TC20 12/16/2019 1.740000 30,000,000.00 29,910,533.33 23,200.00 0.00 85417 CP MUFG BANK 62479LDF9 12/11/2019 1.850000 30,000,000.00 29,838,125.00 32,375.00 0.00 85411 CP MUFG BANK 62479LDE2 12/10/2019 1.850000 30,000,000.00 29,839,666.67 33,916.67 0.00 04/14/2020 1.862057 29,805,750.00 99.465556 IDC-FIS 0.00 Subtotal 1.795705 1,049,912,000.00 1,046,619,052.75 2,171,309.03 82,963.05 1.805174 1,044,420,466.83 99.686360 -55,686.16 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 18 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 14 of 18 85412 YCD TORONTO DOMINIO 89114NCQ6 12/10/2019 1.860000 30,000,000.00 30,004,141.48 34,100.00 4,141.48 03/09/2020 1.830000 30,000,000.00 100.018734 IDC-FIS 0.00 04/13/2020 1.860000 30,000,000.00 100.013805 IDC-FIS 0.00 04/15/2020 1.830000 25,000,000.00 100.005292 IDC-FIS 0.00 85413 YCD BANK OF MONTREA 06367BCF4 12/10/2019 1.830000 25,000,000.00 25,001,322.94 27,958.33 1,322.94 85408 YCD TORONTO DOMINIO 89114NCN3 12/09/2019 1.830000 30,000,000.00 30,005,620.12 35,075.00 5,620.12 85396 YCD TORONTO DOMINIO 89114NCE3 12/05/2019 1.860000 30,000,000.00 30,004,101.16 41,850.00 4,101.16 04/13/2020 1.860000 30,000,000.00 100.013671 IDC-FIS 0.00 04/27/2020 1.860000 30,000,000.00 100.015500 IDC-FIS 0.00 85397 YCD TORONTO DOMINIO 89114NCG8 12/05/2019 1.860000 30,000,000.00 30,004,649.99 41,850.00 4,649.99 04/15/2020 1.840000 30,000,000.00 100.008245 IDC-FIS 0.00 85414 YCD NORDEA BANK 65558TRH0 12/11/2019 1.840000 30,000,000.00 30,002,473.38 32,200.00 2,473.38 85415 YCD TORONTO DOMINIO 89114NCU7 12/11/2019 1.880000 30,000,000.00 30,005,984.45 32,900.00 5,984.45 85416 YCD BANK OF MONTREA 06367BCN7 12/11/2019 1.830000 30,000,000.00 30,001,580.64 32,025.00 1,580.64 04/15/2020 1.880000 30,000,000.00 100.019948 IDC-FIS 0.00 85393 YCD TORONTO DOMINIO 89114NCB9 12/04/2019 1.870000 25,000,000.00 25,004,009.92 36,361.11 4,009.92 03/17/2020 1.800000 25,000,000.00 100.014124 IDC-FIS 0.00 85366 YCD BNP PARIBAS 05586FNB9 11/18/2019 1.800000 25,000,000.00 25,003,531.10 55,000.00 3,531.10 85374 YCD BANK OF MONTREA 06370R7J2 11/21/2019 1.740000 25,000,000.00 25,000,239.73 49,541.67 239.73 85377 YCD NORDEA BANK 65558TQR9 11/26/2019 1.800000 30,000,000.00 30,003,560.91 54,000.00 3,560.91 02/21/2020 1.740000 25,000,000.00 100.000959 IDC-FIS 0.00 85323 YCD NORDEA BANK 65558TPG4 10/29/2019 1.840000 30,000,000.00 30,002,086.18 98,133.33 2,086.18 04/10/2020 1.870000 25,000,000.00 100.016040 IDC-FIS 0.00 01/24/2020 1.840000 30,000,000.00 100.006954 IDC-FIS 0.00 02/10/2020 1.840000 30,000,000.00 100.011870 IDC-FIS 0.00 85324 YCD NORDEA BANK 65558TPJ8 10/29/2019 1.840000 30,000,000.00 30,003,560.99 98,133.33 3,560.99 03/04/2020 1.800000 30,000,000.00 100.011870 IDC-FIS 0.00 85388 YCD TORONTO DOMINIO 89114NC29 12/03/2019 1.860000 30,000,000.00 30,007,517.94 44,950.00 7,517.94 03/10/2020 1.860000 30,000,000.00 100.024604 IDC-FIS 0.00 03/11/2020 1.860000 30,000,000.00 100.025060 IDC-FIS 0.00 04/06/2020 1.870000 30,000,000.00 100.015408 IDC-FIS 0.00 85392 YCD TORONTO DOMINIO 89114NCA1 12/04/2019 1.870000 30,000,000.00 30,004,622.26 43,633.33 4,622.26 03/10/2020 1.840000 30,000,000.00 100.020717 IDC-FIS 0.00 85378 YCD TORONTO DOMINIO 89114NBK0 11/26/2019 1.840000 30,000,000.00 30,006,215.23 55,200.00 6,215.23 85380 YCD BANK OF MONTREA 06367BAR0 11/27/2019 1.860000 30,000,000.00 30,006,750.49 54,250.00 6,750.49 85381 YCD BANK OF MONTREA 06367BAT6 11/27/2019 1.860000 30,000,000.00 30,007,381.23 54,250.00 7,381.23 03/04/2020 1.860000 30,000,000.00 100.022502 IDC-FIS 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 19 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 15 of 18 11/03/2020 2.699874 7,865,520.00 100.212000 IDC-FIS 0.00 84387 CORP MICROSOFT CORP 594918BG8 05/03/2018 2.000000 8,000,000.00 8,016,960.00 25,777.78 151,440.00 84508 CORP APPLE INC 037833BS8 06/26/2018 2.250000 20,000,000.00 20,119,000.00 160,000.00 439,600.00 84528 CORP TOYOTA MOTOR C 89236TDZ5 07/03/2018 2.000000 8,200,000.00 8,144,240.00 911.11 158,588.00 02/23/2021 2.880031 19,679,400.00 100.595000 IDC-FIS 0.00 84189 CORP JOHNSON & JOHN 478160CH5 02/12/2018 1.950000 16,850,000.00 16,879,993.00 46,548.13 184,002.00 01/15/2020 2.469417 9,986,900.00 100.015000 IDC-FIS 0.00 11/10/2020 2.295016 16,695,991.00 100.178000 IDC-FIS 0.00 02/12/2022 3.081219 9,748,700.00 101.361000 IDC-FIS 0.00 84370 CORP MICROSOFT CORP 594918BA1 04/26/2018 2.375000 10,000,000.00 10,136,100.00 91,701.39 387,400.00 84622 CORP APPLE INC 037833BS8 09/20/2018 2.250000 10,000,000.00 10,059,500.00 80,000.00 229,180.00 84590 CORP JOHNSON AND JO 478160CD4 09/05/2018 2.250000 10,284,000.00 10,397,638.20 75,844.50 315,204.60 12/29/2020 3.100913 7,985,652.00 99.320000 IDC-FIS 0.00 03/03/2022 2.844617 10,082,433.60 101.105000 IDC-FIS 0.00 03/03/2022 2.867054 9,796,500.00 101.105000 IDC-FIS 0.00 84596 CORP JOHNSON AND JO 478160CD4 09/07/2018 2.250000 10,000,000.00 10,110,500.00 73,750.00 314,000.00 03/04/2021 2.543964 4,989,750.00 100.719000 IDC-FIS 0.00 83592 CORP MICROSOFT CORP 594918BV5 02/06/2017 1.850000 10,000,000.00 9,999,600.00 74,513.89 0.00 84184 CORP WELLS FARGO BA 94988J5L7 02/06/2018 2.400000 10,000,000.00 10,001,500.00 110,666.67 14,600.00 82975 CORP WELLS FARGO &949746RS2 03/07/2016 2.500000 5,000,000.00 5,035,950.00 40,625.00 46,200.00 02/06/2020 1.850000 10,000,000.00 99.996000 IDC-FIS -400.00 83742 CORP APPLE INC 037833CS7 05/12/2017 1.800000 10,000,000.00 9,991,000.00 25,000.00 0.00 05/11/2020 1.829955 9,991,300.00 99.910000 IDC-FIS -300.00 83732 CORP MICROSOFT CORP 594918BP8 05/04/2017 1.550000 8,549,000.00 8,537,715.32 52,635.72 148,667.11 08/08/2021 2.010124 8,389,048.21 99.868000 IDC-FIS 0.00 Inv Type: 75 CORPORATE NOTES 85419 YCD BANK OF MONTREA 06367BCW7 12/12/2019 1.900000 30,000,000.00 30,006,156.71 31,666.67 6,156.71 04/15/2020 1.900000 30,000,000.00 100.025828 IDC-FIS 0.00 85418 YCD BANK OF MONTREA 06367BCX5 12/12/2019 1.900000 30,000,000.00 30,007,748.38 31,666.67 7,748.38 02/13/2020 1.900000 30,000,000.00 100.020522 IDC-FIS 0.00 04/14/2020 1.830000 30,000,000.00 100.005269 IDC-FIS 0.00 04/20/2020 1.890000 30,000,000.00 100.024093 IDC-FIS 0.00 85423 YCD STANDARD CHARTE 85325V3B4 12/16/2019 1.890000 30,000,000.00 30,007,227.82 25,200.00 7,227.82 1.855395 760,000,000.00 100.015414 0.00 Subtotal 1.855395 760,000,000.00 760,117,146.99 1,453,436.11 117,146.99 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 20 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 16 of 18 03/03/2022 2.609881 7,476,750.00 101.675000 IDC-FIS 0.00 85015 CORP CHEVRON CORP 166764BN9 04/16/2019 2.498000 7,500,000.00 7,625,625.00 61,409.17 148,875.00 10/20/2020 2.699794 5,632,742.40 100.121000 IDC-FIS 0.00 85026 CORP CITIBANK NA 17325FAJ7 04/25/2019 2.125000 5,680,000.00 5,686,872.80 23,804.72 54,130.40 05/16/2021 2.560006 9,907,160.00 100.632000 IDC-FIS 0.00 85013 CORP CHEVRON CORP 166764BG4 04/16/2019 2.100000 10,000,000.00 10,063,200.00 26,250.00 156,040.00 03/01/2021 2.536136 7,938,251.68 100.590000 IDC-FIS 0.00 85014 CORP EXXON MOBIL CO 30231GAV4 04/16/2019 2.222000 7,984,000.00 8,031,105.60 59,134.83 92,853.92 10/24/2024 2.105929 4,498,740.00 100.131000 IDC-FIS 0.00 85316 CORP BANK OF NEW YO 06406RAL1 10/24/2019 2.100000 4,500,000.00 4,505,895.00 17,587.50 7,155.00 12/13/2021 1.800000 10,000,000.00 100.021000 IDC-FIS 0.00 85421 CORP TOYOTA MTR CRE 89236TGR0 12/13/2019 1.800000 10,000,000.00 10,002,100.00 9,000.00 2,100.00 10/15/2022 2.739017 9,921,300.00 101.855000 IDC-FIS 0.00 85027 CORP ORACLE CORP 68389XAP0 04/25/2019 2.500000 10,000,000.00 10,185,500.00 52,777.78 264,200.00 10/24/2024 2.105929 5,498,460.00 100.131000 IDC-FIS 0.00 85315 CORP BANK OF NEW YO 06406RAL1 10/24/2019 2.100000 5,500,000.00 5,507,205.00 21,495.83 8,745.00 02/06/2020 2.561438 14,968,783.48 99.996000 IDC-FIS 0.00 84865 CORP MICROSOFT CORP 594918BV5 02/06/2019 1.850000 15,074,000.00 15,073,397.04 112,322.24 104,613.56 02/06/2022 2.689934 14,877,450.00 101.414000 IDC-FIS 0.00 84889 CORP MICROSOFT CORP 594918BW3 02/25/2019 2.400000 15,000,000.00 15,212,100.00 145,000.00 334,650.00 05/06/2021 3.130008 14,902,740.00 101.543000 IDC-FIS 0.00 84649 CORP EXXON MOBIL CO 30231GAV4 10/11/2018 2.222000 12,640,000.00 12,714,576.00 93,620.27 340,390.40 02/23/2021 2.980040 9,830,320.00 100.595000 IDC-FIS 0.00 84761 CORP APPLE INC 037833AR1 12/06/2018 2.850000 15,000,000.00 15,231,450.00 65,312.50 328,710.00 03/01/2021 3.142000 12,374,185.60 100.590000 IDC-FIS 0.00 84957 CORP TOYOTA MOTOR C 89236TCF0 03/29/2019 2.150000 20,000,000.00 20,005,200.00 130,194.44 80,040.00 12/15/2022 2.668610 9,889,400.00 101.750000 IDC-FIS 0.00 85009 CORP CHEVRON CORP 166764AB6 04/18/2019 2.355000 10,000,000.00 10,140,100.00 17,008.33 257,100.00 12/05/2022 2.695009 9,883,000.00 101.401000 IDC-FIS 0.00 85010 CORP WALMART INC 931142DU4 04/17/2019 2.350000 10,000,000.00 10,175,000.00 10,444.44 285,600.00 09/15/2023 2.753116 19,705,800.00 101.670000 IDC-FIS 0.00 84961 CORP EXXON MOBIL CO 30231GAV4 04/03/2019 2.222000 14,000,000.00 14,082,600.00 103,693.33 151,060.00 03/12/2020 2.549412 19,925,160.00 100.026000 IDC-FIS 0.00 84964 CORP ORACLE CORP 68389XBL8 04/02/2019 2.400000 20,000,000.00 20,334,000.00 141,333.33 628,200.00 03/01/2021 2.485042 13,931,540.00 100.590000 IDC-FIS 0.00 Subtotal 2.200933 329,761,000.00 332,005,622.96 1,948,362.90 5,633,344.99 2.607820 326,372,977.97 100.680682 -700.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 21 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 17 of 18 05/24/2020 .400000 3,397.22 99.428546 IDC-FIS -19.41 83754 CCCCD CD BERTA KAMM 121101042 05/24/2017 .400000 3,397.22 3,377.81 35.94 0.00 Subtotal .400000 3,397.22 3,377.81 35.94 0.00 .400000 3,397.22 99.428650 -19.41 Inv Type: 1000 TD WITH CALC CODE OF CSC-00 83381 AUHSD MM DREYFUS TR X9USDDRE0 08/08/2016 .000000 0.00 0.00 0.00 0.00 01/01/2020 .000000 0.00 .000000 BOOK 0.00 .000000 0.00 .000000 0.00 Subtotal .000000 0.00 0.00 0.00 0.00 Inv Type: 99 MONEY MARKET ACCOUNTS Grand Total Count 263 1.875130 3,270,941,397.22 3,270,808,302.99 9,828,949.99 9,719,182.19 1.933245 3,258,731,468.25 99.995931 -656,392.61 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 22 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:48:42 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 18 of 18 SUPRANATIONAL 315,000.00 314,344.02 315,733.85 100.44 %1,286.26 2.09 % MONEY MARKET ACCOUNTS 0.00 0.00 0.00 0.00 %0.00 0.00 % TIME DEPOSIT 3.40 3.40 3.38 99.43 %-0.02 0.40 % CORPORATE NOTES 329,761.00 326,372.98 332,005.62 101.73 %5,632.64 2.61 % NCD/YCD 760,000.00 760,000.00 760,117.15 100.02 %117.15 1.86 % COMMERCIAL PAPER 1,049,912.00 1,044,420.47 1,046,619.05 100.21 %27.28 1.81 % U.S. AGENCIES 723,172.00 721,518.07 724,018.93 100.35 %1,988.15 1.88 % U.S. TREASURIES 93,093.00 92,072.54 92,310.32 100.26 %11.34 1.53 % Totals(000's)3,270,941.40 3,258,731.47 3,270,808.30 100.37 %9,062.79 1.93 % Assets (000's)Current Par Current Book Market MKT/Book Un Gain/Loss Yield Asset Allocation Page 23 Page 24 SECTION III APPENDIX B. INVESTMENT PORTFOLIO DETAIL – MANAGED BY OUTSIDE CONTRACTED PARTIES B.1. PFM Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 1 of 11 84690 CCCSIG GOV US TREAS 9128285F3 11/07/2018 2.875000 200,000.00 204,484.00 1,225.41 5,054.31 09/15/2021 2.891621 1,991,953.13 101.918000 IDC-FIS 0.00 10/15/2021 2.976704 199,429.69 102.242000 IDC-FIS 0.00 11/15/2021 2.726485 2,058,242.36 102.359000 IDC-FIS 0.00 84774 CCCSIG GOV US TREAS 9128285L0 12/11/2018 2.875000 2,050,000.00 2,098,359.50 7,610.05 40,117.14 84626 CCCSIG GOV US TREAS 9128285A4 09/21/2018 2.750000 2,000,000.00 2,038,360.00 16,318.68 46,406.87 84591 CCCSIG GOV US TREAS 9128284W7 09/07/2018 2.750000 450,000.00 458,208.00 4,674.25 7,838.86 07/31/2021 2.665911 1,284,156.25 101.008000 IDC-FIS 0.00 08/15/2021 2.720393 450,369.14 101.824000 IDC-FIS 0.00 09/15/2021 2.892892 1,130,389.06 101.918000 IDC-FIS 0.00 84621 CCCSIG GOV US TREAS 9128285A4 09/20/2018 2.750000 1,135,000.00 1,156,769.30 9,260.85 26,380.24 01/31/2022 2.491027 5,057,058.59 100.586000 IDC-FIS 0.00 84832 CCCSIG GOV US TREAS 912828V72 01/09/2019 1.875000 5,150,000.00 5,180,179.00 40,409.31 123,120.41 05/31/2020 1.001277 1,814,053.13 99.883000 IDC-FIS -26,147.43 83479 CCCCD GOV US TREASU 912828K58 12/09/2016 1.375000 5,000,000.00 4,995,300.00 11,710.16 16,003.12 84531 CCCSIG GOV US TREAS 912828WY2 07/06/2018 2.250000 1,300,000.00 1,313,104.00 12,240.49 28,947.75 83343 CCCCD GOV US TREASU 912828VF4 09/28/2016 1.375000 1,790,000.00 1,787,905.70 2,151.91 0.00 04/30/2020 1.500519 4,979,296.88 99.906000 IDC-FIS 0.00 84473 CCCSIG GOV US TREAS 912828WR7 06/06/2018 2.125000 1,780,000.00 1,794,044.20 103.91 41,091.86 06/30/2021 2.643910 1,752,952.34 100.789000 IDC-FIS 0.00 84423 CCCSIG GOV US TREAS 912828WN6 05/22/2018 2.000000 770,000.00 774,242.70 1,346.45 12,356.99 05/31/2021 2.744936 761,885.71 100.551000 IDC-FIS 0.00 Inv Type: 12 TREASURY NOTES 84266 CCCSIG SUP IFC 45950VLQ7 03/16/2018 2.636000 850,000.00 856,978.50 6,981.25 7,616.00 03/09/2021 2.662227 849,362.50 100.821000 IDC-FIS 0.00 83896 CCCSIG SUPRA INTL B 45905UP32 09/19/2017 1.562000 800,000.00 800,168.00 3,795.35 2,088.00 09/12/2020 1.644801 798,080.00 100.021000 IDC-FIS 0.00 84365 CCCSIG SUPRA IADB 4581X0DB1 04/19/2018 2.625000 975,000.00 986,758.50 5,118.75 13,903.50 07/23/2021 2.834778 723,303.50 101.663000 IDC-FIS 0.00 84546 CCCCD SUPRA IBRD 459058GH0 07/25/2018 2.750000 725,000.00 737,056.75 8,750.35 13,753.25 04/19/2021 2.701839 972,855.00 101.206000 IDC-FIS 0.00 2.468231 3,343,601.00 100.924231 0.00 Subtotal 2.401109 3,350,000.00 3,380,961.75 24,645.70 37,360.75 Inv Type: 1 SUPRANATIONALS Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 25 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 2 of 11 10/12/2021 3.039012 1,073,817.50 102.446000 IDC-FIS 0.00 84688 CCCSIG GOV FHLB 3130AF5B9 11/06/2018 3.000000 1,075,000.00 1,101,294.50 7,077.08 27,477.00 Inv Type: 22 FEDERAL HOME LOAN BANKS 09/30/2021 1.412763 472,386.53 99.195000 IDC-FIS -1,151.88 85334 CCCSIG GOV US TREAS 912828YK0 11/04/2019 1.375000 1,800,000.00 1,789,038.00 5,274.59 0.00 10/15/2022 1.506918 1,794,532.15 99.391000 IDC-FIS -4,141.69 85164 CCCSIG GOV US TREAS 912828D72 08/05/2019 2.000000 1,100,000.00 1,107,260.00 7,434.07 1,287.34 08/31/2021 1.731657 1,105,972.66 100.660000 IDC-FIS 0.00 85252 CCCSIG GOV US TREAS 912828T34 10/04/2019 1.125000 475,000.00 471,176.25 1,357.84 0.00 11/15/2022 1.690511 773,516.60 100.074000 IDC-FIS 0.00 85390 CCCSIG GOV US TREAS 912828YK0 12/04/2019 1.375000 850,000.00 844,823.50 2,490.78 1,264.91 10/15/2022 1.646832 845,155.24 99.391000 IDC-FIS 0.00 85367 CCCSIG GOV US TREAS 912828YP9 11/12/2019 1.500000 700,000.00 699,041.00 1,788.46 1,337.87 10/31/2021 1.670163 698,049.28 99.863000 IDC-FIS 0.00 85368 CCCSIG GOV US TREAS 912828TY6 11/12/2019 1.625000 775,000.00 775,573.50 1,626.12 2,056.90 84906 CCCSIG GOV US TREAS 9128286C9 03/06/2019 2.500000 225,000.00 229,270.50 2,124.66 4,487.04 01/31/2022 2.488218 427,421.48 100.586000 IDC-FIS 0.00 84927 CCCSIG GOV US TREAS 912828W55 03/18/2019 1.875000 325,000.00 326,992.25 2,059.14 7,108.46 02/15/2022 2.539871 224,783.46 101.898000 IDC-FIS 0.00 84874 CCCSIG US TREASURY 912828V72 02/13/2019 1.875000 435,000.00 437,549.10 3,413.20 10,127.62 01/15/2022 2.549468 3,345,289.06 101.809000 IDC-FIS 0.00 84864 CCCSIG GOV US TREAS 9128285V8 01/31/2019 2.500000 3,350,000.00 3,410,601.50 38,688.86 65,312.44 01/15/2022 2.462067 1,726,819.34 101.809000 IDC-FIS 0.00 84871 CCCSIG GOV US TREAS 9128285V8 02/11/2019 2.500000 1,725,000.00 1,756,205.25 19,921.88 29,385.91 85126 CCCSIG GOV US TREAS 9128282P4 07/03/2019 1.875000 1,750,000.00 1,762,372.50 13,731.32 6,767.03 07/31/2022 1.867010 1,775,416.02 100.707000 IDC-FIS 0.00 07/31/2022 1.767416 1,755,605.47 100.707000 IDC-FIS 0.00 05/31/2022 1.824938 2,245,253.91 100.391000 IDC-FIS 0.00 85130 CCCSIG GOV US TREAS 912828XR6 07/09/2019 1.750000 2,250,000.00 2,258,797.50 3,442.62 13,543.59 85090 CCCSIG GOV US TREAS 9128282P4 06/05/2019 1.875000 1,775,000.00 1,787,549.25 13,927.47 12,133.23 07/31/2022 1.843971 3,803,562.50 100.707000 IDC-FIS 0.00 02/28/2022 2.430857 319,883.79 100.613000 IDC-FIS 0.00 85089 CCCSIG GOV US TREAS 9128282P4 06/05/2019 1.875000 3,800,000.00 3,826,866.00 29,816.58 23,303.50 2.111733 42,793,433.77 100.754359 -31,441.00 Subtotal 1.969431 42,960,000.00 43,284,072.50 254,149.06 525,433.39 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 26 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 3 of 11 10/15/2021 1.823435 108,004.17 99.992686 BOOK 0.00 83825 CCCSIG ABS JOHN DEE 47788BAD6 07/18/2017 1.820000 108,012.07 108,004.17 87.37 0.00 Inv Type: 49 CORP ABS FXD-M 30/360 08/25/2022 1.794607 380,537.11 101.476563 BOOK 0.00 85231 CCCSIG MBS FNA 2013 3136ABPW7 09/13/2019 2.364630 304,490.03 306,833.17 600.01 0.00 12/27/2022 1.870309 250,929.14 101.310100 BOOK 0.00 85218 CCCSIG MBS FHMS K02 3137AWQH1 09/09/2019 2.307000 375,000.00 380,537.11 720.94 0.00 08/25/2022 2.095151 306,833.17 100.769529 BOOK 0.00 85379 CCCSIG MBS FHMS KJ2 3137FQ3V3 11/26/2019 2.092000 299,528.46 299,521.27 522.18 0.00 07/25/2024 2.092542 299,521.27 99.997600 BOOK 0.00 85261 CCCSIG ABS VZOT 201 92348AAA3 10/08/2019 1.940000 350,000.00 349,973.02 207.47 0.00 04/22/2024 1.941761 349,973.02 99.992291 BOOK 0.00 85080 CCCSIG ABS FHMS K01 3137ASNJ9 06/03/2019 2.272000 348,786.36 347,519.28 660.37 0.00 07/25/2023 3.203060 136,252.88 99.999692 BOOK 0.00 84856 CCCSIG MBS FHMS KP0 3137FKK39 12/17/2018 3.203000 136,253.30 136,252.88 363.68 0.00 03/25/2022 2.405785 347,519.28 99.636717 BOOK 0.00 85217 CCCSIG MBS FNA 2013 3136AEGQ4 09/09/2019 2.280000 247,684.23 250,929.14 470.60 0.00 11/25/2022 1.929072 509,218.75 101.843750 BOOK 0.00 85199 CCCSIG MBS FHMS K02 3137B1BS0 08/15/2019 2.510000 500,000.00 509,218.75 1,045.83 0.00 Subtotal 2.319152 2,561,742.38 2,580,784.62 4,591.08 0.00 2.075423 2,580,784.62 100.743332 0.00 Inv Type: 26 AGENCY MBS FXD-M 30/360 01/11/2022 2.615469 1,000,260.00 102.023000 IDC-FIS 0.00 84859 CCCSIG GOV FNMA NOT 3135G0U92 01/31/2019 2.625000 1,000,000.00 1,020,230.00 12,395.83 19,970.00 01/11/2022 2.650125 849,388.00 102.023000 IDC-FIS 0.00 84834 CCCSIG GOV FNMA NOT 3135G0U92 01/11/2019 2.625000 850,000.00 867,195.50 10,536.46 17,807.50 2.631384 1,849,648.00 102.023000 0.00 Subtotal 2.625000 1,850,000.00 1,887,425.50 22,932.29 37,777.50 Inv Type: 23 FEDERAL NATIONAL MORTGAGE ASSO Subtotal 3.000000 1,075,000.00 1,101,294.50 7,077.08 27,477.00 3.039012 1,073,817.50 102.446000 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 27 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 4 of 11 84540 CCCSIG ABS CARMX 20 14313FAD1 07/25/2018 3.130000 200,000.00 199,972.74 278.22 0.00 05/16/2023 3.029757 249,941.70 99.976680 BOOK 0.00 06/15/2023 3.135636 199,972.74 99.986370 BOOK 0.00 01/17/2023 3.031706 409,984.26 99.996161 BOOK 0.00 84541 CCCSIG ABS MBART 20 58772RAD6 07/25/2018 3.030000 410,000.00 409,984.26 552.13 0.00 07/15/2022 2.797121 129,980.42 99.984938 BOOK 0.00 84422 CCCSIG ABS FORDO 20 34528FAD0 05/22/2018 3.030000 217,880.68 217,845.45 293.41 0.00 84535 CCCSIG ABS GMCAR 20 36255JAD6 07/18/2018 3.020000 250,000.00 249,941.70 314.58 0.00 11/15/2022 3.037269 217,845.45 99.983831 BOOK 0.00 84628 CCCSIG ABS FORDL 20 34531LAD2 09/21/2018 3.190000 240,000.00 239,979.72 340.27 0.00 84632 CCCSIG ABS GMALT 20 36256GAD1 09/26/2018 3.180000 175,000.00 174,986.18 170.04 0.00 12/15/2021 3.195186 239,979.72 99.991550 BOOK 0.00 06/21/2021 3.185694 174,986.18 99.992103 BOOK 0.00 07/20/2021 3.270188 149,979.15 99.986100 BOOK 0.00 84654 CCCSIG ABS BMWLT 20 05586CAC8 10/17/2018 3.260000 150,000.00 149,979.15 149.42 0.00 04/15/2021 1.295868 47,250.08 99.986542 BOOK 0.00 83658 CCCSIG ABS ALLY AUT 02007HAC5 03/29/2017 1.780000 18,523.55 18,522.29 14.65 0.00 08/16/2021 1.785395 18,522.29 99.993198 BOOK 0.00 83333 CCCSIG ABS HYUNDAI 44891EAC3 09/21/2016 1.290000 47,256.44 47,250.08 27.09 0.00 84405 CCCSIG ABS HART 201 44891KAD7 04/18/2018 2.790000 130,000.00 129,980.42 161.20 0.00 83091 CCCSIG ABS CORP NIS 65478VAD9 04/27/2016 1.320000 3,501.34 3,500.80 2.04 0.00 01/15/2021 1.326574 3,500.80 99.984577 BOOK 0.00 83659 CCCSIG ABS HYUNDAI 44931PAD8 03/29/2017 1.760000 122,169.68 122,159.80 95.56 0.00 01/18/2022 1.934403 178,512.88 99.990780 BOOK 0.00 84176 CCCSIG ABS ALLYA 20 02007MAE0 01/31/2018 2.350000 192,862.81 192,840.52 201.49 0.00 06/15/2022 2.355236 192,840.52 99.988443 BOOK 0.00 83973 CCCSIG ABS TAOT 201 89238KAD4 11/15/2017 1.930000 178,529.34 178,512.88 153.24 0.00 08/16/2021 1.763698 122,159.80 99.991913 BOOK 0.00 83855 CCCSIG ABS NAROT 20 65478GAD2 08/23/2017 1.750000 297,756.85 297,740.21 231.59 0.00 10/15/2021 1.752684 297,740.21 99.994412 BOOK 0.00 Inv Type: 50 AUTO ABS FXD-M 30/360 04/18/2022 2.663481 157,829.43 99.992809 BOOK 0.00 84207 CCCSIG JDOT 2018 CO 47788CAC6 02/28/2018 2.660000 157,840.78 157,829.43 186.60 0.00 2.322183 265,833.60 99.992759 0.00 Subtotal 2.318721 265,852.85 265,833.60 273.97 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 28 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 5 of 11 01/20/2023 2.495080 349,951.56 99.986160 BOOK 0.00 84172 CCCSIG ABS CCCIT 20 17305EGK5 01/31/2018 2.490000 350,000.00 349,951.56 3,897.54 0.00 2.495080 349,951.56 99.986160 0.00 Subtotal 2.490000 350,000.00 349,951.56 3,897.54 0.00 Inv Type: 53 CREDIT ABS FXD-SA 30/360 07/15/2022 2.273769 219,987.50 99.994318 BOOK 0.00 85200 CCCSIG ABS TAOT 201 89238UAD2 08/14/2019 1.910000 275,000.00 274,997.75 233.44 0.00 85149 CCCSIG ABS NALT 201 65478LAD1 07/24/2019 2.270000 220,000.00 219,987.50 221.96 0.00 85059 CCCSIG ABS FITAT 20 31680YAD9 05/08/2019 2.640000 150,000.00 149,967.03 176.00 0.00 12/15/2023 2.649699 149,967.03 99.978020 BOOK 0.00 85426 CCCSIG ABS COMET 20 14041NFU0 09/05/2019 1.720000 825,000.00 824,792.27 1,813.17 0.00 08/15/2024 1.758204 824,792.27 99.974821 BOOK 0.00 06/20/2022 2.116569 174,980.70 99.988971 BOOK 0.00 09/15/2023 1.910404 274,997.75 99.999182 BOOK 0.00 85203 CCCSIG ABS GMALT 20 38013TAD3 08/14/2019 2.030000 175,000.00 174,980.70 108.55 0.00 09/15/2021 3.211543 499,988.80 99.997760 BOOK 0.00 10/16/2023 2.906625 549,916.68 99.984851 BOOK 0.00 84873 CCCSIG ABS ALLYA 20 02004WAC5 02/13/2019 2.910000 325,000.00 324,960.74 420.33 0.00 84698 CCCSIG ABS MBALT 20 58769LAC6 11/20/2018 3.210000 500,000.00 499,988.80 713.33 0.00 84872 CCCSIG ABS NAROT 20 65479KAD2 02/13/2019 2.900000 550,000.00 549,916.68 708.89 0.00 11/16/2023 2.974624 224,975.09 99.988929 BOOK 0.00 84837 CCCSIG ABS GMCAR 20 36256XAD4 01/16/2019 2.970000 225,000.00 224,975.09 222.76 0.00 11/15/2021 3.102041 154,995.46 99.997071 BOOK 0.00 84855 CCCSIG ABS MBALT 20 58772TAC4 01/30/2019 3.100000 155,000.00 154,995.46 213.56 0.00 06/15/2023 2.666383 174,976.97 99.986840 BOOK 0.00 84995 CCCSIG ABS HART 201 44932NAD2 04/10/2019 2.660000 175,000.00 174,976.97 206.90 0.00 03/15/2022 2.764911 74,994.56 99.992747 BOOK 0.00 85007 CCCSIG ABS NALT 201 65479PAD1 04/15/2019 2.760000 75,000.00 74,994.56 92.00 0.00 05/15/2020 2.912229 264,979.28 99.992181 BOOK 0.00 84885 CCCSIG ABS GMALT 20 36256UAD0 02/21/2019 2.980000 225,000.00 224,964.68 204.88 0.00 09/15/2023 2.915375 324,960.74 99.987920 BOOK 0.00 84890 CCCSIG ABS FORDL 20 34532FAD4 02/25/2019 2.900000 265,000.00 264,979.28 341.56 0.00 12/20/2021 2.990955 224,964.68 99.984302 BOOK 0.00 Subtotal 2.611759 6,773,480.69 6,772,673.71 8,662.26 0.00 2.623239 6,772,673.71 99.988086 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 29 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 6 of 11 07/20/2020 1.984846 504,489.95 100.052000 IDC-FIS 0.00 83839 CCCSIG CORP MORGAN 61761JB32 08/03/2017 2.800000 750,000.00 753,120.00 875.00 0.00 06/16/2020 2.122846 764,055.00 100.416000 IDC-FIS -10,935.00 83793 CCCSIG CORP WALT DI 25468PDU7 06/06/2017 1.800000 625,000.00 624,931.25 812.50 113.10 06/05/2020 1.839965 624,818.15 99.989000 IDC-FIS 0.00 83824 CCCSIG CORP AMERI H 02665WBT7 07/20/2017 1.950000 505,000.00 505,262.60 4,404.02 772.65 83863 CCCSIG CORP VISA IN 92826CAB8 08/30/2017 2.200000 210,000.00 210,835.80 218.17 0.00 Inv Type: 75 CORPORATE NOTES 85216 CCCSIG YCD SKANDINA 83050PDR7 09/03/2019 1.860000 825,000.00 825,000.00 5,115.00 0.00 08/26/2022 1.850000 825,000.00 100.000000 BOOK 0.00 08/26/2022 1.860000 825,000.00 100.000000 BOOK 0.00 12/02/2022 2.040000 825,000.00 100.000000 BOOK 0.00 85407 CCCSIG YCD DNB NOR 23341VZT1 12/06/2019 2.040000 825,000.00 825,000.00 1,215.50 0.00 85209 CCCSIG YCD NORDEA B 65558TLL7 08/29/2019 1.850000 825,000.00 825,000.00 5,299.48 0.00 84655 CCCSIG YCD SUMITOMO 86565BPC9 10/18/2018 3.390000 750,000.00 738,981.88 5,438.14 0.00 08/03/2020 3.190000 775,000.00 98.913056 IDC-FIS -8,423.82 84560 CCCSIG YCD BANK OF 06370REU9 08/03/2018 3.190000 775,000.00 766,576.18 10,232.37 0.00 02/26/2021 2.970000 800,000.00 100.000000 BOOK 0.00 84893 CCCSIG YCD MUFG BAN 55379WZT6 02/28/2019 2.970000 800,000.00 800,000.00 20,262.00 0.00 10/16/2020 3.476115 748,980.00 98.530917 IDC-FIS -9,998.12 Subtotal 2.527838 4,800,000.00 4,780,558.06 47,562.49 0.00 2.541278 4,798,980.00 99.594960 -18,421.94 Inv Type: 74 CERT OF DEPOSIT MEDIUM TERM 84965 CCCSIG YCD CREDIT A 22535CDV0 04/04/2019 2.830000 800,000.00 800,000.00 17,105.78 0.00 03/02/2020 2.900000 1,200,000.00 100.198054 IDC-FIS 0.00 84246 CCCSIG YCD UBS AG S 90275DHG8 03/06/2018 2.900000 1,200,000.00 1,202,376.65 11,600.00 2,376.65 83976 CCCSIG YCD SWEDBANK 87019U6D6 11/17/2017 2.270000 800,000.00 803,085.23 2,219.56 3,085.23 11/16/2020 2.270000 800,000.00 100.385653 IDC-FIS 0.00 04/01/2022 2.830000 800,000.00 100.000000 BOOK 0.00 2.700000 2,800,000.00 100.195067 0.00 Subtotal 2.700000 2,800,000.00 2,805,461.88 30,925.34 5,461.88 Inv Type: 72 NEGOTIABLE CERT OF DEPOSIT Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 30 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 7 of 11 84399 CCCSIG CORP HERSHEY 427866AY4 05/10/2018 2.900000 350,000.00 351,176.00 1,296.94 1,407.00 03/05/2020 3.032909 394,904.00 100.051000 IDC-FIS 0.00 05/15/2020 2.933837 349,769.00 100.336000 IDC-FIS 0.00 05/11/2020 3.058819 458,371.60 100.347000 IDC-FIS 0.00 84402 CCCSIG CORP GENERAL 369550BA5 05/11/2018 2.875000 460,000.00 461,596.20 1,836.81 3,224.60 84290 CCCSIG CORP HSBC US 40428HPR7 03/29/2018 2.350000 400,000.00 400,204.00 3,028.89 5,300.00 84255 CCCSIG CORP JOHN DE 24422EUD9 03/13/2018 2.875000 400,000.00 404,944.00 3,481.94 5,216.00 03/12/2021 2.898871 399,728.00 101.236000 IDC-FIS 0.00 03/22/2021 2.929170 646,678.50 101.200000 IDC-FIS 0.00 84277 CCCSIG CORP UNILEVE 904764AZ0 03/22/2018 2.750000 650,000.00 657,800.00 4,915.63 11,121.50 09/03/2021 3.235931 149,821.50 101.922000 IDC-FIS 0.00 05/17/2021 3.381007 784,866.55 101.912000 IDC-FIS 0.00 84411 CCCSIG CORP AMERICA 025816BU2 05/17/2018 3.375000 785,000.00 800,009.20 3,238.13 15,142.65 84421 CCCSIG CORP CHARLES 808513AW5 05/22/2018 3.250000 500,000.00 509,755.00 1,805.56 9,770.00 84470 CCCSIG CORP BBT COR 05531FBD4 06/05/2018 3.200000 150,000.00 152,883.00 1,573.33 3,061.50 05/21/2021 3.251084 499,985.00 101.951000 IDC-FIS 0.00 83921 CCCSIG CORP PEPSICO 713448DX3 10/10/2017 2.000000 375,000.00 376,068.75 1,583.33 1,143.75 10/01/2021 2.328000 545,000.00 100.285000 IDC-FIS 0.00 04/15/2021 2.005881 374,925.00 100.285000 IDC-FIS 0.00 02/01/2021 2.165131 214,901.10 100.284000 IDC-FIS 0.00 83940 CCCSIG CORP BB&T MT 05531FAZ6 10/26/2017 2.150000 215,000.00 215,610.60 1,926.05 709.50 12/14/2020 1.853307 212,310.00 100.398000 IDC-FIS -1,474.20 03/15/2021 2.937862 329,633.70 101.126000 IDC-FIS 0.00 83885 CCCSIG CORP CATERPI 14913Q2A6 09/07/2017 1.850000 295,000.00 294,867.25 1,773.69 0.00 83894 CCCSIG CORP BOFA CA 06051GGS2 09/18/2017 2.328000 545,000.00 546,553.25 3,171.90 1,553.25 09/04/2020 1.879031 294,917.01 99.955000 IDC-FIS -49.76 83971 CCCSIG CORP UNITED 911312BP0 11/14/2017 2.050000 475,000.00 476,273.00 2,434.38 2,023.50 08/17/2020 2.805542 497,545.00 100.404000 IDC-FIS 0.00 84200 CCCSIG BANK OF NY M 06406HDD8 02/21/2018 2.600000 500,000.00 502,020.00 4,838.89 4,475.00 84202 CCCSIG CORP PACCAR 69371RN93 02/27/2018 2.800000 500,000.00 505,890.00 4,666.67 6,135.00 84247 CCCSIG NATIONAL RUR 63743HER9 02/26/2018 2.900000 330,000.00 333,715.80 2,817.83 4,082.10 03/01/2021 2.817011 499,755.00 101.178000 IDC-FIS 0.00 84087 CCCSIG CORP CITIGRO 172967KB6 12/11/2017 2.650000 150,000.00 150,819.00 717.71 602.47 04/01/2021 2.098958 474,249.50 100.268000 IDC-FIS 0.00 10/26/2020 2.497862 150,216.53 100.546000 IDC-FIS 0.00 01/08/2021 2.368059 304,841.40 100.540000 IDC-FIS 0.00 84126 CCCSIG CORP JOHN DE 24422ETZ2 01/08/2018 2.350000 305,000.00 306,647.00 3,444.38 1,805.60 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 31 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 8 of 11 85057 CCCSIG CORP BOEING 097023CG8 05/02/2019 2.700000 125,000.00 126,961.25 562.50 2,182.50 04/12/2022 2.671993 599,622.00 101.785000 IDC-FIS 0.00 05/01/2022 2.761957 124,778.75 101.569000 IDC-FIS 0.00 05/10/2022 2.668850 99,946.00 101.865000 IDC-FIS 0.00 85060 CCCSIG CORP PACCAR 69371RP83 05/10/2019 2.650000 100,000.00 101,865.00 375.42 1,919.00 85003 CCCSIG CORP TOYOTA 89236TFX8 04/12/2019 2.650000 600,000.00 610,710.00 3,489.17 11,088.00 84926 CCCSIG CORP GOLDMAN 38141GWC4 03/18/2019 3.000000 325,000.00 329,104.75 1,760.42 5,856.50 09/15/2022 2.708028 296,934.00 101.560000 IDC-FIS 0.00 04/26/2022 3.182983 323,248.25 101.263000 IDC-FIS 0.00 04/01/2023 3.207000 800,000.00 102.385000 IDC-FIS 0.00 84932 CCCSIG CORP JPMORGA 46647PBB1 03/22/2019 3.207000 800,000.00 819,080.00 6,414.00 19,080.00 09/15/2022 2.567904 246,702.50 101.138000 IDC-FIS 0.00 85073 CCCSIG CORP VISA IN 92826CAG7 05/24/2019 2.150000 250,000.00 252,845.00 1,582.64 6,142.50 85099 CCCSIG CORP MORGAN 61744YAH1 06/07/2019 2.750000 400,000.00 407,388.00 1,283.33 5,764.00 85100 CCCSIG CORP GOLDMAN 38141GWC4 06/07/2019 3.000000 400,000.00 405,052.00 2,166.67 2,536.00 05/19/2022 2.605838 401,624.00 101.847000 IDC-FIS 0.00 03/07/2022 3.147126 99,516.00 102.427000 IDC-FIS 0.00 84593 CCCSIG CORP UNILEVE 904764BF3 09/07/2018 3.000000 100,000.00 102,427.00 950.00 2,911.00 84594 CCCSIG CORP PFIZER 717081EM1 09/07/2018 3.000000 250,000.00 255,297.50 2,208.33 5,635.00 84618 CCCSIG CORP 3M COMP 88579YBA8 09/14/2018 3.000000 185,000.00 188,226.40 1,649.58 3,605.65 09/15/2021 3.046915 249,662.50 102.119000 IDC-FIS 0.00 84511 CCCSIG CORP WALMART 931142EJ8 06/27/2018 3.125000 595,000.00 607,721.10 413.19 12,750.85 84923 CCCSIG CORP MERCK A 589331AT4 03/15/2019 2.400000 300,000.00 304,680.00 2,120.00 7,746.00 06/23/2021 3.126857 594,970.25 102.138000 IDC-FIS 0.00 09/07/2021 3.177112 99,923.00 102.219000 IDC-FIS 0.00 84592 CCCSIG CORP CATERPI 14913Q2N8 09/07/2018 3.150000 100,000.00 102,219.00 997.50 2,296.00 09/14/2021 3.072054 184,620.75 101.744000 IDC-FIS 0.00 84887 CCCSIG CORP 3M COMP 88579YBF7 02/22/2019 2.750000 245,000.00 249,444.30 2,245.83 4,559.45 01/08/2021 3.081164 234,859.00 101.210000 IDC-FIS 0.00 03/01/2022 2.766133 244,884.85 101.814000 IDC-FIS 0.00 03/11/2022 2.802099 169,989.80 102.110000 IDC-FIS 0.00 84915 CCCSIG CORP PFIZER 717081ER0 03/11/2019 2.800000 170,000.00 173,587.00 1,454.44 3,597.20 12/10/2021 3.392166 299,856.00 102.942000 IDC-FIS 0.00 84645 CCCSIG CORP AMERICA 02665WCP4 10/10/2018 3.375000 300,000.00 308,826.00 590.63 8,970.00 84757 CCCSIG CORP HOME DE 437076BV3 12/06/2018 3.250000 225,000.00 232,535.25 2,437.50 8,151.75 84830 CCCSIG CORP TOYOTA 89236TFQ3 01/08/2019 3.050000 235,000.00 237,843.50 3,444.38 2,984.50 03/01/2022 3.341128 224,383.50 103.349000 IDC-FIS 0.00 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 32 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 9 of 11 84476 CCCCSIG YCD BANK OF 06417GU22 06/07/2018 3.080000 800,000.00 793,725.33 1,779.56 0.00 Inv Type: 79 YCD/NCD 30/360 06/13/2022 1.998849 74,903.25 100.213000 IDC-FIS 0.00 85228 CCCSIG CORP APPLE I 037833DL1 09/11/2019 1.700000 200,000.00 199,860.00 1,038.89 0.00 09/11/2022 1.705837 199,966.00 99.930000 IDC-FIS -106.00 09/06/2022 1.947926 339,527.40 100.202000 IDC-FIS 0.00 09/01/2022 1.724903 224,511.75 99.755000 IDC-FIS -63.00 85227 CCCSIG CORP JOHN DE 24422EVA4 09/12/2019 1.950000 75,000.00 75,159.75 73.13 256.50 85354 CCCSIG CORP IBM COR 459200JX0 11/06/2019 2.850000 500,000.00 511,310.00 1,900.00 385.00 05/13/2022 1.956851 510,925.00 102.262000 IDC-FIS 0.00 85212 CCCSIG CORP THE WAL 254687FJ0 09/06/2019 1.650000 225,000.00 224,448.75 1,185.94 0.00 11/04/2022 2.312000 450,000.00 100.311000 IDC-FIS 0.00 85244 CCCSIG CORP PACCAR 69371RQ33 09/26/2019 2.000000 225,000.00 226,278.00 1,187.50 1,552.50 09/26/2022 2.042132 224,725.50 100.568000 IDC-FIS 0.00 85335 CCCSIG CORP CITIGRO 17308CC46 11/04/2019 2.312000 450,000.00 451,399.50 1,647.30 1,399.50 02/07/2020 2.308128 224,991.00 100.566000 IDC-FIS 0.00 85158 CCCSIG CORP BOEING 097023CL7 07/31/2019 2.300000 225,000.00 226,273.50 2,170.63 1,282.50 09/15/2021 2.221338 307,479.00 102.280000 IDC-FIS -639.00 85189 CCCSIG CORP BURLING 12189LAF8 08/13/2019 3.450000 300,000.00 306,840.00 3,047.50 0.00 03/15/2022 2.219159 305,961.00 102.317000 IDC-FIS 0.00 85121 CCCSIG CORP AMERICA 02665WCY5 06/27/2019 2.200000 500,000.00 503,890.00 122.22 4,350.00 04/26/2022 2.771065 402,516.00 101.263000 IDC-FIS 0.00 85154 CCCSIG CORP US BANC 91159HHC7 07/26/2019 3.000000 300,000.00 306,951.00 2,650.00 990.00 06/27/2022 2.231876 499,540.00 100.778000 IDC-FIS 0.00 85205 CCCSIG CORP 3M COMP 88579YBL4 08/26/2019 1.750000 400,000.00 397,820.00 2,430.56 0.00 08/23/2022 1.961036 374,880.00 100.221000 IDC-FIS 0.00 85206 CCCSIG CORP BANK OF 06406RAK3 08/23/2019 1.950000 375,000.00 375,828.75 2,600.00 948.75 02/14/2023 1.864079 398,476.00 99.455000 IDC-FIS -656.00 85211 CCCSIG CORP CATERPI 14913Q3A5 09/06/2019 1.900000 340,000.00 340,686.80 2,063.61 1,159.40 08/02/2022 1.952099 303,859.71 101.286000 IDC-FIS 0.00 85190 CCCSIG CORP NORTHER 665859AN4 08/13/2019 2.375000 300,000.00 303,858.00 2,948.96 216.00 08/08/2022 2.184966 169,828.30 100.921000 IDC-FIS 0.00 85192 CCCSIG CORP HONEYWE 438516BT2 08/08/2019 2.150000 170,000.00 171,565.70 1,451.85 1,737.40 Subtotal 2.610226 19,765,000.00 19,978,964.50 117,525.37 209,712.62 2.570941 19,783,392.55 101.082542 -13,922.96 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 33 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 10 of 11 06/05/2020 3.099862 799,696.00 99.215667 IDC-FIS -5,970.67 84486 CCCSIG ROYAL BANK O 78012UEE1 06/08/2018 3.240000 1,000,000.00 1,000,000.00 2,160.00 0.00 06/07/2021 3.240000 1,000,000.00 100.000000 BOOK 0.00 3.177730 1,799,696.00 99.651407 -5,970.67 Subtotal 3.168904 1,800,000.00 1,793,725.33 3,939.56 0.00 Grand Total Count 140 2.296503 88,351,075.92 88,981,707.51 526,181.74 843,223.14 2.354572 88,211,812.31 100.713779 -69,756.57 Inv.Description CUSIP Purchase Coupon Current Par /Share Market Value Curr Accr Int Unrealized Gain No.Maturity YTM TR Current Book Market Price Price Source Unrealized Loss Page 34 Inventory by Market Value Contra Costa County As Of Date: 12/31/2019 Run: 01/10/2020 01:49:40 PMDate Basis: Settlement Reporting Currency: Local AvantGard APS2 Page 11 of 11 SUPRANATIONAL 3,350.00 3,343.60 3,380.96 101.12 %37.36 2.47 % MBS/ABS 9,951.08 9,969.24 9,969.24 100.00 %0.00 2.47 % CORPORATE NOTES 19,765.00 19,783.39 19,978.96 100.99 %195.79 2.57 % NCD/YCD 9,400.00 9,398.68 9,379.75 99.80 %-18.93 2.71 % U.S. AGENCIES 2,925.00 2,923.47 2,988.72 102.23 %65.25 2.78 % U.S. TREASURIES 42,960.00 42,793.43 43,284.07 101.15 %493.99 2.11 % Totals(000's)88,351.08 88,211.81 88,981.71 100.87 %773.47 2.35 % Assets (000's)Current Par Current Book Market MKT/Book Un Gain/Loss Yield Asset Allocation Page 35 SECTION III APPENDIX B. INVESTMENT PORTFOLIO DETAIL – MANAGED BY OUTSIDE CONTRACTED PARTIES B.2. STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND (LAIF) CONTRA COSTA COUNTY AS OF DECEMBER 31, 2019 . CALIFORNIA STATE LOCAL STATE CONTROLLER ACCOUNT ESTIMATED AGENCY INVESTMENT ACCOUNTS ACCOUNT NUMBER BALANCE FAIR VALUE ACALANES UNION HIGH SCHOOL 75-07-010 1,002,251.30 1,004,025.58 ANTIOCH UNIFIED SCHOOL DISTRICT 75-07-005 872,907.81 874,453.12 BRENTWOOD UNION SCHOOL DISTRICT 75-07-013 8,206,553.91 8,221,081.96 BYRON UNION SCHOOL DISTRICT 75-07-017 174,872.52 175,182.10 CANYON ELEMENTARY SCHOOL DISTRICT 75-07-018 203,303.63 203,663.54 CENTRAL CONTRA COSTA SANITARY DISTRICT 70-07-001 65,000,000.00 65,115,069.37 CONTRA COSTA COMMUNITY COLLEGE 75-07-001 650,548.65 651,700.31 CONTRA COSTA COUNTY 99-07-000 65,000,000.00 65,115,069.37 CONTRA COSTA COUNTY OFFICE OF EDUCATION 75-07-007 1,354,463.73 1,356,861.53 CONTRA COSTA COUNTY SCHOOL INSURANCE GROUP 35-07-001 2,357,912.49 2,362,086.70 CROCKETT COMMUNITY SERVICES DISTRICT 16-07-004 4,961,414.04 4,970,197.22 DELTA DIABLO SANITATION DISTRICT 70-07-003 76,693.15 76,828.92 EAST CONTRA COSTA REG FEE & FINANCING AUTH 40-07-006 1,066,375.06 1,068,262.86 KENSINGTON FIRE PROTECTION DISTRICT 17-07-011 4,055,283.48 4,062,462.54 KENSINGTON POLICE PROTECTION & COMMUNITY 16-07-003 1,018,044.16 1,019,846.40 SERVICES DISTRICT LAFAYETTE SCHOOL DISTRICT 75-07-012 5,141,633.45 5,150,735.67 MARTINEZ UNIFIED SCHOOL DISTRICT 75-07-011 23,553,782.70 23,595,479.91 MORAGA ORINDA FIRE DISTRICT 17-07-003 8,400,908.74 8,415,780.85 MORAGA SCHOOL DISTRICT 75-07-016 2,824.75 2,829.75 MT DIABLO UNIFIED SCHOOL DISTRICT 75-07-008 3,624,286.06 3,630,702.13 MT VIEW SANITARY DISTRICT 70-07-008 8,834,821.20 8,850,461.47 OAKLEY UNION SCHOOL DISTRICT 75-07-009 261,194.26 261,656.65 ORINDA UNION SCHOOL DISTRICT 75-07-015 3,261,508.57 3,267,282.41 PITTSBURG UNIFIED SCHOOL DISTRICT 75-07-002 37,147.12 37,212.88 RECLAMATION DISTRICT 799 60-07-001 86,798.78 86,952.44 RECLAMATION DISTRICT 800 60-07-003 3,607,297.06 3,613,683.05 RECLAMATION DISTRICT 2026 60-07-005 250,335.09 250,778.26 REDEVELOPMENT AGENCY 65-07-015 0.04 0.04 RODEO -HERCULES FIRE PROTECTION DISTRICT 17-07-001 1,113,098.07 1,115,068.59 SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT 75-07-004 253,085.78 253,533.82 WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT 75-07-014 43,182,098.53 43,258,543.71 TOTAL 257,611,444.13 258,067,493.15 Page 36 SECTION III APPENDIX B. INVESTMENT PORTFOLIO DETAIL – MANAGED BY OUTSIDE CONTRACTED PARTIES ASSET MANAGEMENT FUNDS B.3. WELLS CAPITAL MANAGEMENT B.4. CalTRUST (LIQUIDITY) B.5. US BANK WFAM GAAP31 December 2019WC-Contra Costa CountyInvestment Strategy: Short Duration Fixed IncomeThe information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to yourcustody statement for official portfolio holdings and transactions. Note that certain accounting methods may cause differences between this investment report and your custodystatement.Wells Fargo Asset Management is a trade name used by the asset management businesses of Wells Fargo & Company.Page 37 Risk Summary (WC-Contra Costa County)1 - 4Performance Summary Gross of Fees (WC-Contra Costa County)5 - 6Performance Summary Net of Fees (WC-Contra Costa County)7 - 8GAAP FX Financials (WC-Contra Costa County)9 - 10Income Detail (WC-Contra Costa County)11 - 15Balance Sheet Classification (WC-Contra Costa County)16 - 21Trading Activity (WC-Contra Costa County)22 - 32Transaction Detail (WC-Contra Costa County)33 - 43MMF Transaction Detail (WC-Contra Costa County)44 - 46Roll Forward (WC-Contra Costa County)47 - 51Shock Analysis (WC-Contra Costa County)52 - 56Table of Contents`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 38 Balance SheetBook Value + Accrued44,497,240.52Net Unrealized Gain/Loss52,215.83Market Value + Accrued44,549,456.35Portfolio CharacteristicsRisk MetricValueCash1,373.93MMFund322,984.10Fixed Income44,225,098.32Duration0.53Convexity0.01WAL0.63Years to Final Maturity 0.82Years to Effective Maturity 0.62Yield1.76Book Yield2.03Avg Credit RatingAA+/Aa1/AA+Issuer ConcentrationIssuer Concentration% of BaseMarket Value+ AccruedOther56.00%United States13.54%Farm Credit System8.92%Federal Home Loan Banks6.81%International Bank for Reconstruction andDevelopment4.50%JPMorgan Chase & Co.3.61%Citigroup Inc.3.61%---100.00%Footnotes: 1,2Asset Class (%)Security Type (%)Market Sector (%)Risk SummaryUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 39 Credit RatingCredit Duration Heat MapRating 0 - 1 1 - 2 2 - 3 3 - 4 4 - 5 5 - 7 7 - 10 10 - 15 15 - 30AAA 58.94% 12.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%AA 11.24% 3.84% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%A 13.97% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%BBB 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%BB 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%B 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%CCC 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%CC 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%C 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%NA 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%Time To MaturityDurationRisk SummaryUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 40 Industry SectorIndustry GroupIndustry SubgroupMMF Asset AllocationCurrencyCountryRisk SummaryUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 41 1: * Grouped by: Issuer Concentration. 2: * Groups Sorted by: % of Base Market Value + Accrued.Risk SummaryUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 42 Gross of Fees (includes trading).PeriodPeriod BeginPeriod EndTotal Return, Gross ofFeesWeighted AverageIndex ReturnExcess Total Return,Gross of FeesMonth to Date12/01/201912/31/20190.17%0.16%0.01%Quarter to Date10/01/201912/31/20190.53%0.54%-0.01%Year to Date01/01/201912/31/20192.69%2.57%0.12%Prior Month11/01/201911/30/20190.12%0.12%0.00%Prior Quarter07/01/201909/30/20190.59%0.63%-0.04%Prior Year01/01/201812/31/20182.02%1.92%0.10%Trailing Month12/01/201912/31/20190.17%0.16%0.01%Trailing Quarter10/01/201912/31/20190.53%0.54%-0.01%Trailing Year01/01/201912/31/20192.69%2.57%0.12%AccountIndexIndex Start DateIndex End DateWC-Contra Costa CountyML 6 Month T-Bill01/01/198011/30/2004WC-Contra Costa CountyICE BofA US 6-Month Treasury Bill Index12/01/2004---Performance SummaryGross of FeesUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 43 Returns are actual and have not been annualized. No Tax Adjustment. Note that data will not exist prior to the performance inception date of: 04/01/2001. Historical data exists for the options shown below, only available on historical data boundaries: Reported Index Return is always Total Return.Begin Date,End DateReturn Type,Fee OptionsTax Options04/01/200101/31/2011Total ReturnGross of Fees, Net of FeesGross Down Method, Gross Up Method, No Tax Adjustment04/01/200101/31/2011Income ReturnGross of FeesNo Tax Adjustment04/01/200101/31/2011Price ReturnGross of FeesNo Tax Adjustment01/01/200801/31/2011Book ReturnGross of Fees, Net of FeesGross Down Method, Gross Up Method, No Tax AdjustmentPerformance SummaryGross of FeesUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 44 Net of Fees (includes management and trading).PeriodPeriod BeginPeriod EndTotal Return, Net ofFeesWeighted AverageIndex ReturnExcess Total Return,Net of FeesMonth to Date12/01/201912/31/20190.16%0.16%0.00%Quarter to Date10/01/201912/31/20190.50%0.54%-0.04%Year to Date01/01/201912/31/20192.57%2.57%0.00%Prior Month11/01/201911/30/20190.11%0.12%0.00%Prior Quarter07/01/201909/30/20190.56%0.63%-0.06%Prior Year01/01/201812/31/20181.90%1.92%-0.02%Trailing Month12/01/201912/31/20190.16%0.16%0.00%Trailing Quarter10/01/201912/31/20190.50%0.54%-0.04%Trailing Year01/01/201912/31/20192.57%2.57%0.00%AccountIndexIndex Start DateIndex End DateWC-Contra Costa CountyML 6 Month T-Bill01/01/198011/30/2004WC-Contra Costa CountyICE BofA US 6-Month Treasury Bill Index12/01/2004---Performance SummaryNet of FeesUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 45 Returns are actual and have not been annualized. No Tax Adjustment. Note that data will not exist prior to the performance inception date of: 04/01/2001. Historical data exists for the options shown below, only available on historical data boundaries: Reported Index Return is always Total Return.Begin Date,End DateReturn Type,Fee OptionsTax Options04/01/200101/31/2011Total ReturnGross of Fees, Net of FeesGross Down Method, Gross Up Method, No Tax Adjustment04/01/200101/31/2011Income ReturnGross of FeesNo Tax Adjustment04/01/200101/31/2011Price ReturnGross of FeesNo Tax Adjustment01/01/200801/31/2011Book ReturnGross of Fees, Net of FeesGross Down Method, Gross Up Method, No Tax AdjustmentPerformance SummaryNet of FeesUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 46 Balance SheetWC-Contra Costa CountyAs of:09/30/201912/31/2019Book Value44,381,459.6144,385,487.71Accrued Balance149,080.47111,752.82Book Value + Accrued44,530,540.0844,497,240.52Net FX Unrealized AccruedGain/Loss0.000.00Net FX Unrealized SecurityGain/Loss0.000.00Net Market Unrealized Gain/Loss62,853.4652,215.83Market Value + Accrued44,593,393.5444,549,456.35Income StatementWC-Contra Costa CountyBegin DateEnd Date10/01/201912/31/2019Net Amortization/Accretion Income52,987.88Interest Income192,196.26Dividend Income0.00Foreign Tax Withheld Expense0.00Misc Income0.00Market Allowance Expense0.00FX Allowance Expense0.00Income Subtotal192,196.26Net FX Realized Gain/Loss0.00Net Market Realized Gain/Loss138.80Net Total Holding Gain/Loss0.00Total Impairment Loss0.00Net Total Gain/Loss138.80Expense-12,976.77Net Income232,346.18Transfers In/Out-265,645.73Change in FX Unrealized Gain/Loss0.00Change in Market Unrealized Gain/Loss-10,637.63GAAP FX FinancialsUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 47 Statement of Cash FlowsWC-Contra Costa CountyBegin DateEnd Date10/01/201912/31/2019Net Income232,346.18Amortization/Accretion on MS-27,955.17Change in Accrued on MS64,269.01Net Gain/Loss on MS-138.80Change in Unrealized G/L on CE243.87Subtotal36,418.91Purchase of MS-12,165,805.10Purchased Accrued of MS-26,941.36Sales of MS1,060,046.94Sold Accrued of MS0.00Maturities of MS12,600,000.00Net Purchases/Sales1,467,300.48Transfers of Cash & CE-265,645.73Total Change in Cash & CE1,470,419.83Beginning Cash & CE5,843,261.39Ending Cash & CE7,313,681.22GAAP FX FinancialsUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 48 Identifier,DescriptionEnding Base Current Units,CouponEffectiveMaturity,Final MaturityTransfers In/Out,Settle DateInterest/DividendIncome,Net Amortization/Accretion IncomeNet Realized Gain/LossBase Expense,Base Net Income02665WCL3AMERICAN HONDA FINANCE CORP700,000.002.0402/21/202002/21/20200.0010/03/20183,912.35-124.730.000.003,787.6202665JCG3American Honda Finance Corporation500,000.000.0003/16/202003/16/20200.0011/13/20190.001,184.170.000.001,184.1702587AAJ3AMXCA 171 A500,000.001.9302/18/202002/18/20200.0005/25/20182,412.511,082.660.000.003,495.17037833DH0APPLE INC0.001.8011/13/201911/13/20190.0011/30/20181,050.00659.210.000.001,709.2105522RCW6BACCT 171 A750,000.001.9503/16/202003/16/20200.0002/27/20193,656.251,365.250.000.005,021.5006050TML3BANK OF AMERICA NA500,000.002.2605/24/202005/24/20210.0005/24/20193,057.290.000.000.003,057.2906406FAA1BANK OF NEW YORK MELLON CORP700,000.002.5003/15/202104/15/20210.0008/27/20194,375.00-1,039.960.000.003,335.0405531FAS2BB&T CORP0.002.4501/15/202001/15/20200.0011/15/20181,259.02335.83138.810.001,733.6609247XAE1BLACKROCK INC0.005.0012/10/201912/10/20190.0006/08/20186,708.33-2,855.360.000.003,852.9705588CAB8BMWOT 19A A2800,000.002.0508/27/202005/25/20220.0009/18/20194,100.012.540.000.004,102.55CCYUSDCash1.050.0012/31/201912/31/2019-265,645.73---0.000.000.00-12,976.77-12,976.7714913Q2J7CATERPILLAR FINANCIAL SERVICES CORP500,000.002.9505/15/202005/15/20200.0005/29/20193,687.50-481.430.000.003,206.0717305EFW0CCCIT 16A1 A10.001.7511/19/201911/19/20190.0004/26/20181,050.00594.800.000.001,644.8017305EGB5CCCIT 17A3 A3400,000.001.9204/07/202004/07/20200.0007/29/20191,920.00295.450.000.002,215.45161571GX6CHAIT 154 A850,000.001.8404/14/202004/15/20200.0008/21/20193,909.99308.030.000.004,218.02808513AV7CHARLES SCHWAB CORP700,000.002.2104/21/202105/21/20210.0012/05/20191,162.68-46.590.000.001,116.09166764AR1CHEVRON CORP200,000.001.9603/03/202003/03/20200.0011/05/2018980.50511.320.000.001,491.8217325FAN8CITIBANK NA700,000.003.0504/01/202005/01/20200.0003/22/20195,337.50-436.210.000.004,901.2914042WAB6COPAR 191 A2627,034.492.5806/30/202004/15/20220.0005/30/20194,166.179.030.000.004,175.1912619TAF1CRC Funding, LLC500,000.000.0001/15/202001/15/20200.0011/12/20190.001,236.110.000.001,236.1112619UYC9CRC Funding, LLC0.000.0011/12/201911/12/20190.0009/06/20190.001,236.670.000.001,236.6730229BX36Exxon Mobil Corporation0.000.0010/03/201910/03/20190.0009/19/20190.00113.890.000.00113.89Income DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 49 Identifier,DescriptionEnding Base Current Units,CouponEffectiveMaturity,Final MaturityTransfers In/Out,Settle DateInterest/DividendIncome,Net Amortization/Accretion IncomeNet Realized Gain/LossBase Expense,Base Net Income30229AA66Exxon Mobil Corporation1,000,000.000.0001/06/202001/06/20200.0011/12/20190.002,277.780.000.002,277.7830229BYC5Exxon Mobil Corporation0.000.0011/12/201911/12/20190.0010/03/20190.002,144.440.000.002,144.44313312NG1FEDERAL FARM CREDIT BANKS0.000.0010/22/201910/22/20190.0010/23/20180.00767.080.000.00767.08313312QL7FEDERAL FARM CREDIT BANKS0.000.0012/13/201912/13/20190.0012/14/20180.005,414.170.000.005,414.17313312N97FEDERAL FARM CREDIT BANKS1,000,000.000.0011/10/202011/10/20200.0011/13/20190.002,177.780.000.002,177.78313312SD3FEDERAL FARM CREDIT BANKS1,000,000.000.0001/23/202001/23/20200.0011/15/20190.002,049.720.000.002,049.72313312NS5FEDERAL FARM CREDIT BANKS0.000.0011/01/201911/01/20190.0011/13/20180.002,307.780.000.002,307.78313312N30FEDERAL FARM CREDIT BANKS1,000,000.000.0011/04/202011/04/20200.0012/18/20190.00622.220.000.00622.223133EKR73FEDERAL FARM CREDIT BANKS FUNDING CORP1,000,000.001.9309/23/202109/23/20210.0009/23/20195,459.360.000.000.005,459.363133EFLA3FEDERAL FARM CREDIT BANKS FUNDING CORP0.001.2410/22/201910/22/20190.0010/18/2018361.67419.430.000.00781.10313370US5FEDERAL HOME LOAN BANKS1,000,000.002.8809/11/202009/11/20200.0003/22/20197,187.50-904.710.000.006,282.79313384UN7FEDERAL HOME LOAN BANKS1,000,000.000.0003/20/202003/20/20200.0012/23/20190.00396.250.000.00396.25313378JP7FEDERAL HOME LOAN BANKS1,000,000.002.3809/10/202109/10/20210.0010/28/20194,156.25-1,241.000.000.002,915.253130ACLX0FEDERAL HOME LOAN BANKS0.001.6310/30/201910/30/20190.0009/27/2018654.51423.560.000.001,078.07313396NJ8FEDERAL HOME LOAN MORTGAGE CORP0.000.0010/24/201910/24/20190.0005/23/20190.001,495.000.000.001,495.003135G0D75FEDERAL NATIONAL MORTGAGE ASSOCIATION1,000,000.001.5006/22/202006/22/20200.0007/03/20193,750.001,238.760.000.004,988.76313588NZ4FEDERAL NATIONAL MORTGAGE ASSOCIATION0.000.0011/08/201911/08/20190.0008/20/20190.002,037.220.000.002,037.22369550BA5GENERAL DYNAMICS CORP250,000.002.8805/11/202005/11/20200.0009/14/20181,796.8857.790.000.001,854.66369550BA5GENERAL DYNAMICS CORP500,000.002.8805/11/202005/11/20200.0003/21/20193,593.75-269.160.000.003,324.59376087FW7GILROY CALIF UNI SCH DIST500,000.001.7208/01/202108/01/20210.0010/31/20191,458.070.000.000.001,458.0738346MX17Gotham Funding Corporation0.000.0010/01/201910/01/20190.0009/03/20190.000.000.000.000.0038346MZ49Gotham Funding Corporation0.000.0012/04/201912/04/20190.0010/01/20190.003,804.440.000.003,804.44Income DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 50 Identifier,DescriptionEnding Base Current Units,CouponEffectiveMaturity,Final MaturityTransfers In/Out,Settle DateInterest/DividendIncome,Net Amortization/Accretion IncomeNet Realized Gain/LossBase Expense,Base Net Income38346LC20Gotham Funding Corporation1,000,000.000.0003/02/202003/02/20200.0012/04/20190.001,423.330.000.001,423.3343815HAB3HAROT 183 A20.002.6702/12/202012/21/20200.0002/28/20191,439.38-11.880.010.001,427.5043815HAB3HAROT 183 A2141,993.242.6702/12/202012/21/20200.0002/28/201994.78-0.430.000.0094.35438516BP0HONEYWELL INTERNATIONAL INC0.002.3110/30/201910/30/20190.0003/14/2019928.71-28.810.000.00899.9040428HPN6HSBC USA INC (NEW)0.002.3811/13/201911/13/20190.0010/10/20181,385.42370.190.000.001,755.604581X0CD8INTER-AMERICAN DEVELOPMENT BANK0.002.1311/09/202011/09/20200.0011/06/2019236.11-43.620.000.00192.494581X0CD8INTER-AMERICAN DEVELOPMENT BANK1,000,000.002.1311/09/202011/09/20200.0011/06/20193,010.42-567.070.000.002,443.354581X0CH9INTER-AMERICAN DEVELOPMENT BANK0.001.7510/15/201910/15/20190.0009/17/2018680.56353.030.000.001,033.5845866FAC8INTERCONTINENTAL EXCHANGE INC750,000.002.7511/01/202012/01/20200.0012/16/2019859.37-269.910.000.00589.4645905UV43INTERNATIONAL BANK FOR RECONSTRUCTIONAND DEVELOPM1,000,000.001.7703/18/202003/18/20200.0005/24/20194,802.41-30.770.000.004,771.64459058FA6INTERNATIONAL BANK FOR RECONSTRUCTIONAND DEVELOPM1,000,000.001.3803/30/202003/30/20200.0009/20/20193,442.501,538.600.000.004,981.1047788CAB8JDOT 2018 A20.002.4211/15/201910/15/20200.0002/28/201815.120.050.000.0015.1747788CAB8JDOT 2018 A20.002.4211/15/201910/15/20200.0002/28/20180.260.000.000.000.2624422ETZ2JOHN DEERE CAPITAL CORP700,000.002.3501/08/202101/08/20210.0004/22/20194,112.50523.830.000.004,636.3348125LRK0JPMORGAN CHASE BANK NA500,000.002.6002/01/202002/01/20210.0005/14/20193,255.00118.470.000.003,373.4748125LRK0JPMORGAN CHASE BANK NA250,000.002.6002/01/202002/01/20210.0011/05/20191,012.67-225.090.000.00787.5848306BXU4Kaiser Foundation Hospitals, Inc.0.000.0010/28/201910/28/20190.0010/16/20190.00501.330.000.00501.3348306BXG5Kaiser Foundation Hospitals, Inc.0.000.0010/16/201910/16/20190.0009/11/20190.00680.000.000.00680.0050000DAD8Koch Industries, Inc.800,000.000.0001/13/202001/13/20200.0011/22/20190.001,528.890.000.001,528.8950000EYN8Koch Industries, Inc.0.000.0011/22/201911/22/20190.0010/28/20190.001,011.110.000.001,011.1153127UYC8Liberty Street Funding LLC0.000.0011/12/201911/12/20190.0007/15/20190.001,933.750.000.001,933.75Income DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 51 Identifier,DescriptionEnding Base Current Units,CouponEffectiveMaturity,Final MaturityTransfers In/Out,Settle DateInterest/DividendIncome,Net Amortization/Accretion IncomeNet Realized Gain/LossBase Expense,Base Net Income53127TCC5Liberty Street Funding LLC750,000.000.0003/12/202003/12/20200.0011/12/20190.001,937.500.000.001,937.5058772TAC4MBALT 19A A3500,000.003.1010/21/202011/15/20210.0007/29/20193,875.01-849.320.000.003,025.6958772RAB0MBART 181 A2A111,068.732.7102/09/202004/15/20210.0007/25/20181,134.721.520.000.001,136.2465478GAD2NAROT 17B A3267,981.161.7506/05/202010/15/20210.0004/26/20181,350.451,133.070.000.002,483.5265478GAD2NAROT 17B A3178,654.111.7506/05/202010/15/20210.0011/08/2018900.30821.770.000.001,722.07637432MU6NATIONAL RURAL UTILITIES COOP FINANCE CORP700,000.002.3505/15/202006/15/20200.0004/12/20194,112.50319.000.000.004,431.5063763PBA6National Securities Clearing Corporation700,000.000.0002/10/202002/10/20200.0012/05/20190.00918.750.000.00918.7563763QZ59National Securities Clearing Corporation0.000.0012/05/201912/05/20190.0009/04/20190.002,527.780.000.002,527.7869371RM78PACCAR INC700,000.002.5008/14/202008/14/20200.0003/29/20194,375.00-25.560.000.004,349.4471708EAG0Pfizer Inc.1,000,000.000.0001/16/202001/16/20200.0012/17/20190.00741.660.000.00741.6669353RFD5PNC BANK NA680,000.002.2604/19/202005/19/20200.0002/06/20194,136.61-264.240.000.003,872.37CCYUSDReceivable1,372.880.0012/31/201912/31/20190.00---0.000.000.000.000.0078607QAT2SACRAMENTO CALIF SUBN WTR DIST REV0.002.7111/01/201911/01/20190.0005/30/20181,130.000.000.000.001,130.00796720MC1SAN BERNARDINO CALIF CMNTY COLLEGE DIST750,000.001.7508/01/202008/01/20200.0012/12/2019694.290.000.000.00694.29857477AS2STATE STREET CORP700,000.002.5508/18/202008/18/20200.0004/16/20194,462.50101.200.000.004,563.7089237WAD9TAOT 16C A30.001.1411/15/201908/17/20200.0009/13/20175.881.020.000.006.9189231AAD3TAOT 18C A3800,000.003.0202/05/202112/15/20220.0007/29/20196,039.99-1,084.380.000.004,955.6188602UXH8Thunder Bay Funding LLC0.000.0010/17/201910/17/20190.0008/15/20190.00946.670.000.00946.6788602UYR5Thunder Bay Funding, LLC0.000.0011/25/201911/25/20190.0010/18/20190.001,984.440.000.001,984.4488602TC43Thunder Bay Funding, LLC1,000,000.000.0003/04/202003/04/20200.0011/25/20190.001,891.110.000.001,891.1189236TCZ6TOYOTA MOTOR CREDIT CORP500,000.001.9004/08/202104/08/20210.0008/30/20192,375.00-141.840.000.002,233.16912828L99UNITED STATES TREASURY1,000,000.001.3810/31/202010/31/20200.0011/04/20192,190.93375.520.000.002,566.45Income DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 52 * Weighted by: Ending Base Market Value + Accrued. * Holdings Displayed by: Lot.Identifier,DescriptionEnding Base Current Units,CouponEffectiveMaturity,Final MaturityTransfers In/Out,Settle DateInterest/DividendIncome,Net Amortization/Accretion IncomeNet Realized Gain/LossBase Expense,Base Net Income912828S27UNITED STATES TREASURY1,000,000.001.1306/30/202106/30/20210.0010/18/20192,293.141,028.460.000.003,321.599128285G1UNITED STATES TREASURY0.002.8810/31/202010/31/20200.0008/30/20192,422.73-959.130.000.001,463.609128285G1UNITED STATES TREASURY1,000,000.002.8810/31/202010/31/20200.0008/30/20194,817.99-1,887.320.000.002,930.67912828XM7UNITED STATES TREASURY500,000.001.6307/31/202007/31/20200.0004/30/20192,031.25921.980.000.002,953.23912828Q78UNITED STATES TREASURY1,000,000.001.3804/30/202104/30/20210.0010/25/20192,566.21465.920.000.003,032.14912828U32UNITED STATES TREASURY0.001.0011/15/201911/15/20190.0001/17/20191,222.831,903.330.000.003,126.15912828U73UNITED STATES TREASURY0.001.3812/15/201912/15/20190.0011/28/20182,817.622,791.640.000.005,609.269128286D7UNITED STATES TREASURY500,000.002.5002/28/202102/28/20210.0005/03/20193,159.34-183.190.000.002,976.15912828C57UNITED STATES TREASURY1,000,000.002.2503/31/202103/31/20210.0007/22/20195,655.74-1,006.020.000.004,649.7290331HNK5US BANK NA0.002.1301/17/202001/17/20200.0001/23/20183,278.470.000.000.003,278.4792868LAB7VALET 181 A2A244,906.342.8103/23/202007/20/20210.0007/03/20182,234.410.680.000.002,235.1092826CAB8VISA INC0.002.2011/14/202012/14/20200.0004/16/20193,052.50490.430.000.003,542.9392826CAB8VISA INC675,000.002.2011/14/202012/14/20200.0004/16/2019660.00111.160.000.00771.1692348XAB1VZOT 18A A1B800,000.002.0004/30/202104/20/20230.0010/10/20184,249.800.000.000.004,249.80931142EF6WALMART INC700,000.001.9706/23/202006/23/20200.0006/27/20183,893.110.000.000.003,893.1194975P405WELLSFARGO:GOVT MM I322,984.101.5412/31/201912/31/20190.00---4,619.640.000.000.004,619.64------44,400,996.101.6208/15/202010/27/2020-265,645.73---192,196.2652,987.88138.80-12,976.77232,346.18Income DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 53 CESTIdentifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued94975P405WELLSFARGO:GOVT MM I322,984.101.000012/31/20191.5412/31/2019 AAACash1.501.50322,984.10322,984.100.00322,984.100.00322,984.10CCYUSDReceivable1,372.881.000012/31/20190.0012/31/2019 AAACash0.000.001,372.881,372.880.001,372.880.001,372.88CCYUSDCash1.051.000012/31/20190.0012/31/2019 AAACash0.000.001.051.050.001.050.001.05313384UN7FEDERAL HOME LOAN BANKS1,000,000.0099.662003/20/20200.0003/20/2020 A-1+Agency1.591.53996,125.56996,521.8198.19996,620.000.00996,620.0030229AA66Exxon Mobil Corporation1,000,000.0099.972501/06/20200.0001/06/2020 A-1+Industrial1.651.67997,494.44999,772.22-47.39999,724.830.00999,724.8363763PBA6National Securities Clearing Corporation700,000.0099.806202/10/20200.0002/10/2020 A-1+Financial1.761.75697,720.14698,638.894.24698,643.130.00698,643.1350000DAD8Koch Industries, Inc.800,000.0099.944401/13/20200.0001/13/2020 A-1+Industrial1.731.54798,012.44799,541.3314.07799,555.400.00799,555.4012619TAF1CRC Funding, LLC500,000.0099.925801/15/20200.0001/15/2020 A-1+Financial1.791.78498,417.78499,653.89-24.72499,629.160.00499,629.1671708EAG0Pfizer Inc.1,000,000.0099.930901/16/20200.0001/16/2020 A-1+Industrial1.791.56998,516.67999,258.3350.55999,308.890.00999,308.89313312SD3FEDERAL FARM CREDIT BANKS1,000,000.0099.911901/23/20200.0001/23/2020 A-1+Agency1.581.38996,990.83999,040.5578.62999,119.170.00999,119.1738346LC20Gotham Funding Corporation1,000,000.0099.672303/02/20200.0003/02/2020 A-1+Financial1.841.91995,475.83996,899.16-176.55996,722.610.00996,722.61------7,324,358.0395.463802/01/20200.0702/01/2020 AAA---1.701.627,303,111.727,313,684.23-3.007,313,681.220.007,313,681.22Balance Sheet ClassificationUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 54 Identifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued313370US5FEDERAL HOME LOAN BANKS1,000,000.00100.726109/11/20202.8809/11/2020 AAAAgency2.511.811,005,300.421,002,497.794,762.861,007,260.658,784.721,016,045.37637432MU6NATIONAL RURAL UTILITIES COOP FINANCECORP700,000.00100.148606/15/20202.3505/15/2020 A+Financial2.531.93698,509.00699,424.401,615.52701,039.93731.11701,771.04166764AR1CHEVRON CORP200,000.0099.982303/03/20201.9603/03/2020 AAIndustrial3.002.02197,310.00199,655.41309.11199,964.531,285.54201,250.073135G0D75FEDERAL NATIONAL MORTGAGE ASSOCIATION1,000,000.0099.929706/22/20201.5006/22/2020 AAAAgency2.001.64995,220.00997,670.591,626.52999,297.11375.00999,672.11161571GX6CHAIT 154 A850,000.0099.976904/15/20201.8404/14/2020 AAAAsset Backed1.991.91849,203.13849,648.44155.30849,803.73695.11850,498.854581X0CD8INTER-AMERICAN DEVELOPMENT BANK1,000,000.00100.333611/09/20202.1311/09/2020 AAAGovernment1.721.721,004,024.001,003,413.31-77.131,003,336.183,069.441,006,405.62912828XM7UNITED STATES TREASURY500,000.0099.996107/31/20201.6307/31/2020 AAAGovernment2.371.63495,410.16497,875.452,105.05499,980.503,400.14503,380.6469371RM78PACCAR INC700,000.00100.377408/14/20202.5008/14/2020 A+Industrial2.481.87700,140.00700,062.782,579.30702,642.086,659.72709,301.80857477AS2STATE STREET CORP700,000.00100.398508/18/20202.5508/18/2020 AA-Financial2.611.90699,461.00699,747.003,042.68702,789.686,594.58709,384.26912828L99UNITED STATES TREASURY1,000,000.0099.769510/31/20201.3810/31/2020 AAAGovernment1.611.65997,656.25998,031.77-336.77997,695.002,342.031,000,037.0345866FAC8INTERCONTINENTAL EXCHANGE INC750,000.00100.675012/01/20202.7511/01/2020 AFinancial1.911.92755,415.00755,145.09-82.59755,062.501,718.75756,781.2592826CAB8VISA INC675,000.00100.398312/14/20202.2011/14/2020 AA-Industrial2.561.72671,024.25672,724.414,963.94677,688.35701.25678,389.60459058FA6INTERNATIONAL BANK FOR RECONSTRUCTIONAND DEVELOPM1,000,000.0099.904103/30/20201.3803/30/2020 AAAGovernment1.991.75996,789.00998,511.57529.22999,040.793,475.691,002,516.4802587AAJ3AMXCA 171 A500,000.0099.995502/18/20201.9302/18/2020 AAAAsset Backed2.812.56492,539.06499,435.13542.17499,977.30428.89500,406.1905522RCW6BACCT 171 A750,000.00100.010003/16/20201.9503/16/2020 AAAAsset Backed2.691.88744,316.41748,887.031,187.97750,075.00650.00750,725.00Balance Sheet ClassificationUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 55 Identifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued17305EGB5CCCIT 17A3 A3400,000.0099.994604/07/20201.9204/07/2020 AAAAsset Backed2.211.92399,187.50399,688.49290.03399,978.521,792.00401,770.5269353RFD5PNC BANK NA680,000.00100.104405/19/20202.2604/19/2020 A+Financial2.131.83681,258.00680,313.06396.75680,709.821,837.76682,547.5817325FAN8CITIBANK NA700,000.00100.300905/01/20203.0504/01/2020 AA-Financial2.791.81701,925.00700,573.711,532.47702,106.173,558.33705,664.51369550BA5GENERAL DYNAMICS CORP250,000.00100.346705/11/20202.8805/11/2020 A+Industrial2.971.89249,620.00249,917.72948.95250,866.67998.26251,864.93369550BA5GENERAL DYNAMICS CORP500,000.00100.346705/11/20202.8805/11/2020 A+Industrial2.651.89501,220.00500,383.261,350.07501,733.331,996.53503,729.8614913Q2J7CATERPILLAR FINANCIAL SERVICES CORP500,000.00100.380805/15/20202.9505/15/2020 AIndustrial2.561.90501,842.00500,706.451,197.69501,904.141,884.72503,788.86931142EF6WALMART INC700,000.0099.995206/23/20201.9706/23/2020 AAIndustrial2.001.88700,000.00700,000.00-33.78699,966.22344.36700,310.5745905UV43INTERNATIONAL BANK FOR RECONSTRUCTIONAND DEVELOPM1,000,000.00100.001103/18/20201.7703/18/2020 AAAGovernment1.781.741,000,100.001,000,025.75-14.621,000,011.13690.231,000,701.3602665WCL3AMERICAN HONDA FINANCE CORP700,000.00100.028202/21/20202.0402/21/2020 AIndustrial2.011.84700,686.00700,069.14128.22700,197.361,630.02701,827.3943815HAB3HAROT 183 A2141,993.24100.084712/21/20202.6702/12/2020 AAAAsset Backed2.661.90142,009.88141,996.68116.83142,113.51105.31142,218.829128285G1UNITED STATES TREASURY1,000,000.00100.996110/31/20202.8810/31/2020 AAAGovernment1.721.661,013,242.191,009,405.67555.331,009,961.004,896.981,014,857.9802665JCG3American Honda Finance Corporation500,000.0099.633503/16/20200.0003/16/2020 A-1+Industrial1.751.74497,003.33498,187.50-19.94498,167.550.00498,167.5553127TCC5Liberty Street Funding LLC750,000.0099.632403/12/20200.0003/12/2020 A-1+Financial1.871.84745,311.25747,248.75-5.75747,243.000.00747,243.00313312N97FEDERAL FARM CREDIT BANKS1,000,000.0098.678411/10/20200.0011/10/2020 A-1+Agency1.621.53983,866.67986,044.45739.99986,784.440.00986,784.44796720MC1SAN BERNARDINO CALIF CMNTY COLLEGE DIST750,000.0099.973008/01/20201.7508/01/2020 AA+Municipal1.761.78750,000.00750,000.00-202.50749,797.50694.29750,491.79Balance Sheet ClassificationUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 56 LTIdentifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued88602TC43Thunder Bay Funding, LLC1,000,000.0099.681603/04/20200.0003/04/2020 A-1+Financial1.851.80994,888.89996,780.0036.00996,816.000.00996,816.00313312N30FEDERAL FARM CREDIT BANKS1,000,000.0098.703811/04/20200.0011/04/2020 A-1+Agency1.621.53985,688.89986,311.11726.67987,037.780.00987,037.78------22,896,993.24100.021307/05/20201.7706/28/2020 AA+---2.111.7922,850,167.2822,870,381.9030,665.5622,901,047.4761,340.7922,962,388.26Identifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued912828C57UNITED STATES TREASURY1,000,000.00100.761703/31/20212.2503/31/2021 AAAGovernment1.841.631,006,757.811,004,975.412,641.591,007,617.005,717.211,013,334.21313378JP7FEDERAL HOME LOAN BANKS1,000,000.00101.295309/10/20212.3809/10/2021 AAAAgency1.661.591,013,040.001,011,799.001,153.771,012,952.777,322.921,020,275.6906406FAA1BANK OF NEW YORK MELLON CORP700,000.00100.691504/15/20212.5003/15/2021 AA-Financial1.901.91706,398.00704,962.41-121.65704,840.753,694.44708,535.2089236TCZ6TOYOTA MOTOR CREDIT CORP500,000.00100.138304/08/20211.9004/08/2021 AA-Industrial1.781.78500,905.00500,713.82-22.49500,691.332,190.28502,881.61912828Q78UNITED STATES TREASURY1,000,000.0099.695304/30/20211.3804/30/2021 AAAGovernment1.631.61996,210.94996,676.86276.14996,953.002,342.03999,295.03912828S27UNITED STATES TREASURY1,000,000.0099.300806/30/20211.1306/30/2021 AAAGovernment1.631.60991,484.38992,512.84495.16993,008.0030.91993,038.9165478GAD2NAROT 17B A3267,981.1699.910110/15/20211.7506/05/2020 AAAAsset Backed3.241.97263,343.83266,210.121,530.02267,740.14208.43267,948.5765478GAD2NAROT 17B A3178,654.1199.910110/15/20211.7506/05/2020 AAAAsset Backed3.371.97175,953.36177,369.651,123.78178,493.43138.95178,632.3824422ETZ2JOHN DEERE CAPITAL CORP700,000.00100.539801/08/20212.3501/08/2021 AIndustrial2.661.81696,430.00697,876.225,902.60703,778.827,905.14711,683.9648125LRK0JPMORGAN CHASE BANK NA500,000.00100.052802/01/20212.6002/01/2020 AAFinancial2.701.78499,190.00499,488.76775.27500,264.035,425.00505,689.03Balance Sheet ClassificationUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 57 SummaryIdentifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued48125LRK0JPMORGAN CHASE BANK NA250,000.00100.052802/01/20212.6002/01/2020 AAFinancial2.011.78250,347.50250,122.419.60250,132.022,712.50252,844.52808513AV7CHARLES SCHWAB CORP700,000.00100.087605/21/20212.2104/21/2021 AFinancial2.151.96700,868.00700,821.41-208.21700,613.191,765.55702,378.7592868LAB7VALET 181 A2A244,906.34100.181407/20/20212.8103/23/2020 AAAAsset Backed2.832.00244,904.34244,905.80444.73245,350.53210.28245,560.8158772RAB0MBART 181 A2A111,068.73100.077504/15/20212.7102/09/2020 AAAAsset Backed2.731.97111,064.98111,068.1086.69111,154.79133.78111,288.5789231AAD3TAOT 18C A3800,000.00101.480612/15/20223.0202/05/2021 AAAAsset Backed2.091.66812,218.75810,295.311,549.89811,845.201,073.78812,918.9892348XAB1VZOT 18A A1B800,000.0099.960504/20/20232.0004/30/2021 AAAAsset Backed2.031.87800,000.00800,000.00-316.32799,683.68534.57800,218.2558772TAC4MBALT 19A A3500,000.00100.904311/15/20213.1010/21/2020 AAAAsset Backed2.081.96505,234.38503,794.23727.12504,521.35688.89505,210.249128286D7UNITED STATES TREASURY500,000.00100.976602/28/20212.5002/28/2021 AAAGovernment2.351.65501,328.13500,844.274,038.73504,883.004,223.90509,106.9006050TML3BANK OF AMERICA NA500,000.00100.090505/24/20212.2605/24/2020 AAFinancial2.261.91500,000.00500,000.00452.54500,452.531,161.13501,613.6714042WAB6COPAR 191 A2627,034.49100.295504/15/20222.5806/30/2020 AAAAsset Backed2.601.98626,981.44626,998.931,888.25628,887.18719.00629,606.1805588CAB8BMWOT 19A A2800,000.00100.069505/25/20222.0508/27/2020 AAAAsset Backed2.061.94799,983.12799,986.00569.84800,555.84273.33800,829.173133EKR73FEDERAL FARM CREDIT BANKS FUNDING CORP1,000,000.0099.945109/23/20211.9309/23/2021 AAAAgency1.961.721,000,000.001,000,000.00-548.75999,451.25481.94999,933.19376087FW7GILROY CALIF UNI SCH DIST500,000.0099.821008/01/20211.7208/01/2021 AA-Municipal1.721.80500,000.00500,000.00-895.00499,105.001,458.07500,563.07------14,179,644.83100.309809/15/20212.1702/07/2021 AA+---2.071.7814,202,643.9614,201,421.5721,553.2714,222,974.8550,412.0314,273,386.87Balance Sheet ClassificationUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 58 * Grouped by: BS Class 2. * Groups Sorted by: BS Class 2. * Weighted by: Base Market Value + Accrued, except Book Yield by Base Book Value + Accrued. * Holdings Displayed by: Lot.Identifier,DescriptionBase Current Units,Market PriceFinal Maturity,CouponEffectiveMaturityRating,Market SectorBook Yield,YieldBase Original Cost,Base Book Value,Base Net Total UnrealizedGain/LossBase Market Value,Base Accrued Balance,Base Market Value +Accrued------44,400,996.1099.365510/27/20201.6208/15/2020 AA+---2.031.7644,355,922.9644,385,487.7152,215.8344,437,703.54111,752.8244,549,456.35Balance Sheet ClassificationUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 59 * Does not Lock Down.BuyTrade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount11/13/201911/13/201902665JCG3American Honda Finance CorporationAPX Asset03/16/20200.00500,000.00500,000.0099.400.00497,003.330.000.000.00-497,003.3311/12/201911/12/201912619TAF1CRC Funding, LLCCITIGROUP GLOBAL MARKET01/15/20200.00500,000.00500,000.0099.680.00498,417.780.000.000.00-498,417.7811/12/201911/12/201930229AA66Exxon Mobil CorporationCITIGROUP GLOBAL MARKET01/06/20200.001,000,000.001,000,000.0099.750.00997,494.440.000.000.00-997,494.4410/03/201910/03/201930229BYC5Exxon Mobil CorporationCITIGROUP GLOBAL MARKET11/12/20190.001,000,000.001,000,000.0099.790.00997,855.560.000.000.00-997,855.5612/18/201912/18/2019313312N30FEDERAL FARM CREDIT BANKSAPX Asset11/04/20200.001,000,000.001,000,000.0098.570.00985,688.890.000.000.00-985,688.8911/13/201911/13/2019313312N97FEDERAL FARM CREDIT BANKSAPX Asset11/10/20200.001,000,000.001,000,000.0098.390.00983,866.670.000.000.00-983,866.6711/15/201911/15/2019313312SD3FEDERAL FARM CREDIT BANKSAPX Asset01/23/20200.001,000,000.001,000,000.0099.700.00996,990.830.000.000.00-996,990.8310/25/201910/28/2019313378JP7FEDERAL HOME LOAN BANKSKEYBANC CAPITAL MARKETS INC09/10/20212.381,000,000.001,000,000.00101.300.001,013,040.000.003,166.670.00-1,016,206.6712/23/201912/23/2019313384UN7FEDERAL HOME LOAN BANKSFIRST TENNESSEE BANK N A BOND03/20/20200.001,000,000.001,000,000.0099.610.00996,125.560.000.000.00-996,125.5610/09/201910/31/2019376087FW7GILROY CALIF UNI SCH DISTRAYMOND JAMES & ASSOCIATES08/01/20211.72500,000.00500,000.00100.000.00500,000.000.000.000.00-500,000.0012/04/201912/04/201938346LC20Gotham Funding CorporationCS First Boston (BR)03/02/20200.001,000,000.001,000,000.0099.550.00995,475.830.000.000.00-995,475.8310/01/201910/01/201938346MZ49Gotham Funding CorporationMITSUBISHI UFJ SECURITIES12/04/20190.001,000,000.001,000,000.0099.620.00996,195.560.000.000.00-996,195.5611/04/201911/06/20194581X0CD8INTER-AMERICAN DEVELOPMENTBANKCastleOak Securities LP11/09/20202.131,000,000.001,000,000.00100.400.001,004,024.000.0010,447.920.00-1,014,471.9212/12/201912/16/201945866FAC8INTERCONTINENTAL EXCHANGE INCTORONTO DOMINION BK12/01/20202.75750,000.00750,000.00100.720.00755,415.000.00859.380.00-756,274.38Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 60 Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount11/01/201911/05/201948125LRK0JPMORGAN CHASE BANK NAPiper Jaffray Inc02/01/20212.60250,000.00250,000.00100.140.00250,347.500.001,699.830.00-252,047.3310/16/201910/16/201948306BXU4Kaiser Foundation Hospitals, Inc.BARCLAYS CAPITAL INC.10/28/20190.00800,000.00800,000.0099.940.00799,498.670.000.000.00-799,498.6711/22/201911/22/201950000DAD8Koch Industries, Inc.Bank of America01/13/20200.00800,000.00800,000.0099.750.00798,012.440.000.000.00-798,012.4410/28/201910/28/201950000EYN8Koch Industries, Inc.APX Asset11/22/20190.00800,000.00800,000.0099.870.00798,988.890.000.000.00-798,988.8911/12/201911/12/201953127TCC5Liberty Street Funding LLCCITIGROUP GLOBAL MARKET03/12/20200.00750,000.00750,000.0099.370.00745,311.250.000.000.00-745,311.2512/05/201912/05/201963763PBA6National Securities Clearing CorporationCITIGROUP GLOBAL MARKET02/10/20200.00700,000.00700,000.0099.670.00697,720.140.000.000.00-697,720.1412/17/201912/17/201971708EAG0Pfizer Inc.J.P. Morgan Securities Inc. (AU)01/16/20200.001,000,000.001,000,000.0099.850.00998,516.670.000.000.00-998,516.6711/21/201912/12/2019796720MC1SAN BERNARDINO CALIF CMNTYCOLLEGE DISTPiper Jaffray Inc08/01/20201.75750,000.00750,000.00100.000.00750,000.000.000.000.00-750,000.0012/03/201912/05/2019808513AV7CHARLES SCHWAB CORPAPX Asset05/21/20212.21700,000.00700,000.00100.120.00700,868.000.00602.870.00-701,470.8711/25/201911/25/201988602TC43Thunder Bay Funding, LLCGoldman Sachs & Co. (AU)03/04/20200.001,000,000.001,000,000.0099.490.00994,888.890.000.000.00-994,888.8910/17/201910/18/201988602UYR5Thunder Bay Funding, LLCCS First Boston (BR)11/25/20190.001,000,000.001,000,000.0099.800.00998,015.560.000.000.00-998,015.5611/01/201911/04/2019912828L99UNITED STATES TREASURYBank of Montreal, Primary Broker10/31/20201.381,000,000.001,000,000.0099.770.00997,656.250.00151.100.00-997,807.3510/24/201910/25/2019912828Q78UNITED STATES TREASURYGoldman Sachs & Co. (AU)04/30/20211.381,000,000.001,000,000.0099.620.00996,210.940.006,650.820.00-1,002,861.7610/17/201910/18/2019912828S27UNITED STATES TREASURYGoldman Sachs & Co. (AU)06/30/20211.131,000,000.001,000,000.0099.150.00991,484.380.003,362.770.00-994,847.1510/01/201910/01/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,001,534.411,001,534.411.001,001,534.411,001,534.410.000.000.00-1,001,534.4110/03/201910/03/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,000,000.001,000,000.001.001,000,000.001,000,000.000.000.000.00-1,000,000.00Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 61 Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount10/07/201910/07/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.653,840.003,840.001.003,840.003,840.000.000.000.00-3,840.0010/08/201910/08/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.654,750.004,750.001.004,750.004,750.000.000.000.00-4,750.0010/15/201910/15/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,074,477.161,074,477.161.001,074,477.161,074,477.160.000.000.00-1,074,477.1610/15/201910/15/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65804.17804.171.00804.17804.170.000.000.00-804.1710/16/201910/16/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65871,243.90871,243.901.00871,243.90871,243.900.000.000.00-871,243.9010/17/201910/17/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.654,343.874,343.871.004,343.874,343.870.000.000.00-4,343.8710/17/201910/17/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,000,000.001,000,000.001.001,000,000.001,000,000.000.000.000.00-1,000,000.0010/22/201910/22/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,105,108.871,105,108.871.001,105,108.871,105,108.870.000.000.00-1,105,108.8710/24/201910/24/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,000,000.001,000,000.001.001,000,000.001,000,000.000.000.000.00-1,000,000.0010/25/201910/25/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,685.561,685.561.001,685.561,685.560.000.000.00-1,685.5610/30/201910/30/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.651,004,062.501,004,062.501.001,004,062.501,004,062.500.000.000.00-1,004,062.5011/01/201911/01/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.521,518,931.201,518,931.201.001,518,931.201,518,931.200.000.000.00-1,518,931.2011/08/201911/08/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.521,000,000.001,000,000.001.001,000,000.001,000,000.000.000.000.00-1,000,000.0011/12/201911/12/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.5210,625.0010,625.001.0010,625.0010,625.000.000.000.00-10,625.0011/12/201911/12/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.522,260,781.252,260,781.251.002,260,781.252,260,781.250.000.000.00-2,260,781.2511/13/201911/13/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.521,004,500.001,004,500.001.001,004,500.001,004,500.000.000.000.00-1,004,500.00Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 62 Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount11/15/201911/15/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52827.60827.601.00827.60827.600.000.000.00-827.6011/15/201911/15/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.521,111,772.461,111,772.461.001,111,772.461,111,772.460.000.000.00-1,111,772.4611/18/201911/18/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.520.020.021.000.020.020.000.000.00-0.0211/19/201911/19/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.529,893.719,893.711.009,893.719,893.710.000.000.00-9,893.7111/19/201911/19/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52450,000.00450,000.001.00450,000.00450,000.000.000.000.00-450,000.0011/20/201911/20/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.5247,801.9947,801.991.0047,801.9947,801.990.000.000.00-47,801.9911/21/201911/21/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.5259,989.4059,989.401.0059,989.4059,989.400.000.000.00-59,989.4011/22/201911/22/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52800,000.00800,000.001.00800,000.00800,000.000.000.000.00-800,000.0011/25/201911/25/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.521,001,366.671,001,366.671.001,001,366.671,001,366.670.000.000.00-1,001,366.6712/02/201912/02/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.541,770.561,770.561.001,770.561,770.560.000.000.00-1,770.5612/04/201912/04/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.541,000,000.001,000,000.001.001,000,000.001,000,000.000.000.000.00-1,000,000.0012/10/201912/10/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54717,500.00717,500.001.00717,500.00717,500.000.000.000.00-717,500.0012/13/201912/13/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.541,000,000.001,000,000.001.001,000,000.001,000,000.000.000.000.00-1,000,000.0012/16/201912/16/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54376,254.60376,254.601.00376,254.60376,254.600.000.000.00-376,254.6012/16/201912/16/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.542,022.922,022.921.002,022.922,022.920.000.000.00-2,022.9212/16/201912/16/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54252,552.08252,552.081.00252,552.08252,552.080.000.000.00-252,552.08Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 63 Call RedemptionMaturityTrade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount12/17/201912/17/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54702,523.01702,523.011.00702,523.01702,523.010.000.000.00-702,523.0112/19/201912/19/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.541,490.001,490.001.001,490.001,490.000.000.000.00-1,490.0012/20/201912/20/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.5443,782.0843,782.081.0043,782.0843,782.080.000.000.00-43,782.0812/23/201912/23/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.5451,079.5951,079.591.0051,079.5951,079.590.000.000.00-51,079.5912/23/201912/23/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.5411,390.8011,390.801.0011,390.8011,390.800.000.000.00-11,390.8012/26/201912/26/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.541,366.671,366.671.001,366.671,366.670.000.000.00-1,366.6712/31/201912/31/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.545,625.005,625.001.005,625.005,625.000.000.000.00-5,625.00---------------04/03/20201.0845,315,697.0545,315,697.05---21,515,697.0545,250,810.080.0026,941.360.00-45,277,751.44Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount12/15/201912/15/201905531FAS2BB&T CORPRedemption01/15/20202.45-250,000.00-250,000.00100.000.00-250,000.00138.810.000.00250,000.0012/17/201912/17/201990331HNK5US BANK NARedemption01/17/20202.13-700,000.00-700,000.00100.000.00-700,000.000.000.000.00700,000.00------------Redemption01/16/20202.21-950,000.00-950,000.00100.000.00-950,000.00138.810.000.00950,000.00Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 64 Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount11/13/201911/13/2019037833DH0APPLE INCMaturity11/13/20191.80-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0012/10/201912/10/201909247XAE1BLACKROCK INCMaturity12/10/20195.00-700,000.00-700,000.00100.000.00-700,000.000.000.000.00700,000.0011/12/201911/12/201912619UYC9CRC Funding, LLCMaturity11/12/20190.00-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0011/19/201911/19/201917305EFW0CCCIT 16A1 A1Maturity11/19/20191.75-450,000.000.00100.000.000.000.000.000.000.0010/03/201910/03/201930229BX36Exxon Mobil CorporationMaturity10/03/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0011/12/201911/12/201930229BYC5Exxon Mobil CorporationMaturity11/12/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0010/30/201910/30/20193130ACLX0FEDERAL HOME LOAN BANKSMaturity10/30/20191.63-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0010/22/201910/22/2019313312NG1FEDERAL FARM CREDIT BANKSMaturity10/22/20190.00-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0011/01/201911/01/2019313312NS5FEDERAL FARM CREDIT BANKSMaturity11/01/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0012/13/201912/13/2019313312QL7FEDERAL FARM CREDIT BANKSMaturity12/13/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0010/24/201910/24/2019313396NJ8FEDERAL HOME LOAN MORTGAGECORPMaturity10/24/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0010/22/201910/22/20193133EFLA3FEDERAL FARM CREDIT BANKSFUNDING CORPMaturity10/22/20191.24-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0011/08/201911/08/2019313588NZ4FEDERAL NATIONAL MORTGAGEASSOCIATIONMaturity11/08/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0010/01/201910/01/201938346MX17Gotham Funding CorporationMaturity10/01/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0012/04/201912/04/201938346MZ49Gotham Funding CorporationMaturity12/04/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0011/13/201911/13/201940428HPN6HSBC USA INC (NEW)Maturity11/13/20192.38-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.00Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 65 Principal PaydownTrade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount10/30/201910/30/2019438516BP0HONEYWELL INTERNATIONAL INCMaturity10/30/20192.31-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0010/15/201910/15/20194581X0CH9INTER-AMERICAN DEVELOPMENTBANKMaturity10/15/20191.75-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0010/16/201910/16/201948306BXG5Kaiser Foundation Hospitals, Inc.Maturity10/16/20190.00-800,000.00-800,000.00100.000.00-800,000.000.000.000.00800,000.0010/28/201910/28/201948306BXU4Kaiser Foundation Hospitals, Inc.Maturity10/28/20190.00-800,000.00-800,000.00100.000.00-800,000.000.000.000.00800,000.0011/22/201911/22/201950000EYN8Koch Industries, Inc.Maturity11/22/20190.00-800,000.00-800,000.00100.000.00-800,000.000.000.000.00800,000.0011/12/201911/12/201953127UYC8Liberty Street Funding LLCMaturity11/12/20190.00-750,000.00-750,000.00100.000.00-750,000.000.000.000.00750,000.0012/05/201912/05/201963763QZ59National Securities Clearing CorporationMaturity12/05/20190.00-700,000.00-700,000.00100.000.00-700,000.000.000.000.00700,000.0011/01/201911/01/201978607QAT2SACRAMENTO CALIF SUBN WTR DISTREVMaturity11/01/20192.71-500,000.00-500,000.00100.000.00-500,000.000.000.000.00500,000.0010/17/201910/17/201988602UXH8Thunder Bay Funding LLCMaturity10/17/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0011/25/201911/25/201988602UYR5Thunder Bay Funding, LLCMaturity11/25/20190.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0011/15/201911/15/2019912828U32UNITED STATES TREASURYMaturity11/15/20191.00-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.0012/15/201912/15/2019912828U73UNITED STATES TREASURYMaturity12/15/20191.38-1,000,000.00-1,000,000.00100.000.00-1,000,000.000.000.000.001,000,000.00------------Maturity11/08/20190.63-22,000,000.00-21,550,000.00100.000.00-21,550,000.000.000.000.0021,550,000.00Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 66 Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount12/15/201912/15/201914042WAB6COPAR 191 A2Direct04/15/20222.580.00-22,965.51---0.00-22,965.510.000.000.0022,965.5111/19/201911/19/201917305EFW0CCCIT 16A1 A1Direct11/19/20191.750.00-450,000.00---0.00-450,000.000.000.000.00450,000.0010/21/201910/21/201943815HAB3HAROT 183 A2Direct12/21/20202.670.00-54,389.16---0.00-54,389.160.000.000.0054,389.1611/21/201911/21/201943815HAB3HAROT 183 A2Direct12/21/20202.670.00-55,320.55---0.00-55,320.550.000.000.0055,320.5512/21/201912/21/201943815HAB3HAROT 183 A2Direct12/21/20202.670.00-50,650.97---0.00-50,650.970.000.000.0050,650.9710/15/201910/15/201947788CAB8JDOT 2018 A2Direct10/15/20202.420.00-15,921.83---0.00-15,921.830.000.000.0015,921.8311/15/201911/15/201947788CAB8JDOT 2018 A2Direct10/15/20202.420.00-132.42---0.00-132.420.000.000.00132.4210/15/201910/15/201958772RAB0MBART 181 A2ADirect04/15/20212.710.00-40,345.95---0.00-40,345.950.000.000.0040,345.9511/15/201911/15/201958772RAB0MBART 181 A2ADirect04/15/20212.710.00-41,795.56---0.00-41,795.560.000.000.0041,795.5612/15/201912/15/201958772RAB0MBART 181 A2ADirect04/15/20212.710.00-36,133.38---0.00-36,133.380.000.000.0036,133.3810/15/201910/15/201965478GAD2NAROT 17B A3Direct10/15/20211.750.00-50,111.45---0.00-50,111.450.000.000.0050,111.4511/15/201911/15/201965478GAD2NAROT 17B A3Direct10/15/20211.750.00-49,031.27---0.00-49,031.270.000.000.0049,031.2712/15/201912/15/201965478GAD2NAROT 17B A3Direct10/15/20211.750.00-43,851.53---0.00-43,851.530.000.000.0043,851.5310/15/201910/15/201989237WAD9TAOT 16C A3Direct08/17/20201.140.00-13,194.50---0.00-13,194.500.000.000.0013,194.5011/15/201911/15/201989237WAD9TAOT 16C A3Direct08/17/20201.140.00-23.16---0.00-23.160.000.000.0023.1610/20/201910/20/201992868LAB7VALET 181 A2ADirect07/20/20212.810.00-46,054.59---0.00-46,054.590.000.000.0046,054.59Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 67 SellTrade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount11/20/201911/20/201992868LAB7VALET 181 A2ADirect07/20/20212.810.00-47,017.47---0.00-47,017.470.000.000.0047,017.4712/20/201912/20/201992868LAB7VALET 181 A2ADirect07/20/20212.810.00-43,107.64---0.00-43,107.640.000.000.0043,107.64------------Direct10/01/20202.150.00-1,060,046.94---0.00-1,060,046.940.000.000.001,060,046.94Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount10/01/201910/01/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-996,195.56-996,195.561.00-996,195.56-996,195.560.000.000.00996,195.5610/03/201910/03/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-997,855.56-997,855.561.00-997,855.56-997,855.560.000.000.00997,855.5610/16/201910/16/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-799,498.67-799,498.671.00-799,498.67-799,498.670.000.000.00799,498.6710/18/201910/18/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-1,992,862.71-1,992,862.711.00-1,992,862.71-1,992,862.710.000.000.001,992,862.7110/21/201910/21/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-1,046.22-1,046.221.00-1,046.22-1,046.220.000.000.001,046.2210/23/201910/23/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-265,645.73-265,645.731.00-265,645.73-265,645.730.000.000.00265,645.7310/25/201910/25/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-1,002,861.76-1,002,861.761.00-1,002,861.76-1,002,861.760.000.000.001,002,861.7610/28/201910/28/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-798,988.89-798,988.891.00-798,988.89-798,988.890.000.000.00798,988.8910/28/201910/28/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-216,206.67-216,206.671.00-216,206.67-216,206.670.000.000.00216,206.6710/31/201910/31/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.65-475,803.76-475,803.761.00-475,803.76-475,803.760.000.000.00475,803.76Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 68 Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount11/04/201911/04/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-997,807.35-997,807.351.00-997,807.35-997,807.350.000.000.00997,807.3511/05/201911/05/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-252,047.33-252,047.331.00-252,047.33-252,047.330.000.000.00252,047.3311/06/201911/06/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-1,014,471.92-1,014,471.921.00-1,014,471.92-1,014,471.920.000.000.001,014,471.9211/12/201911/12/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-745,311.25-745,311.251.00-745,311.25-745,311.250.000.000.00745,311.2511/12/201911/12/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-1,495,912.22-1,495,912.221.00-1,495,912.22-1,495,912.220.000.000.001,495,912.2211/13/201911/13/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-1,474,932.50-1,474,932.501.00-1,474,932.50-1,474,932.500.000.000.001,474,932.5011/15/201911/15/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-996,990.83-996,990.831.00-996,990.83-996,990.830.000.000.00996,990.8311/20/201911/20/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-2,949.65-2,949.651.00-2,949.65-2,949.650.000.000.002,949.6511/22/201911/22/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-798,012.44-798,012.441.00-798,012.44-798,012.440.000.000.00798,012.4411/25/201911/25/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.52-991,786.08-991,786.081.00-991,786.08-991,786.080.000.000.00991,786.0812/04/201912/04/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-995,475.83-995,475.831.00-995,475.83-995,475.830.000.000.00995,475.8312/05/201912/05/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-1,470.87-1,470.871.00-1,470.87-1,470.870.000.000.001,470.8712/05/201912/05/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-697,720.14-697,720.141.00-697,720.14-697,720.140.000.000.00697,720.1412/12/201912/12/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-750,000.00-750,000.001.00-750,000.00-750,000.000.000.000.00750,000.0012/17/201912/17/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-998,516.67-998,516.671.00-998,516.67-998,516.670.000.000.00998,516.6712/18/201912/18/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-985,688.89-985,688.891.00-985,688.89-985,688.890.000.000.00985,688.89Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 69 Summary * Grouped by: Transaction Type. * Groups Sorted by: Transaction Type. * Showing transactions with Trade Date within selected date range. * Weighted by: Absolute Value of Base Principal. * MMFtransactions are expanded. * The Transaction Detail/Trading Activity reports provide our most up-to-date transactional details. As such, these reports are subject to change even after the other reports on the website have been lockeddown. While these reports can be useful tools in understanding recent activity, due to their dynamic nature we do not recommend using them for booking journal entries or reconciliation.Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount12/20/201912/20/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-2,977.30-2,977.301.00-2,977.30-2,977.300.000.000.002,977.3012/23/201912/23/201994975P405WELLSFARGO:GOVT MM IDirect12/31/20191.54-990,668.39-990,668.391.00-990,668.39-990,668.390.000.000.00990,668.39------94975P405WELLSFARGO:GOVT MM IDirect12/31/20191.57-21,739,705.19-21,739,705.191.00-21,739,705.19-21,739,705.190.000.000.0021,739,705.19Trade Date,Settle DateIdentifier,DescriptionBroker/Dealer,Final Maturity,Coupon RateBase Original Units,Base Current Units,PricePurchased Cost,Base PrincipalBase Net Total RealizedGain,Base Accrued InterestBase Commission,Base Amount---------------02/06/20201.11625,991.8615,944.92----224,008.14-48,942.05138.8026,941.360.0022,000.69Trading ActivityUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 70 * Does not Lock Down.ReceivableSettledEntry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount12/31/201912/31/2019Money Market Funds0.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/2019---1,374.0412/31/201912/31/2019Money Market Funds0.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/2019---1,374.04Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount10/15/201910/15/2019Coupon0.00 02587AAJ3AMXCA 171 A1.93 02/18/2020---804.1711/15/201911/15/2019Coupon0.00 02587AAJ3AMXCA 171 A1.93 02/18/2020---804.1712/15/201912/15/2019Coupon0.00 02587AAJ3AMXCA 171 A1.93 02/18/2020---804.1711/13/201911/13/2019Buy500,000.00 02665JCG3American Honda Finance Corporation0.00 03/16/202099.40-497,003.3311/21/201911/21/2019Coupon0.00 02665WCL3AMERICAN HONDA FINANCE CORP2.04 02/21/2020---4,117.1311/13/201911/13/2019Coupon0.00 037833DH0APPLE INC1.80 11/13/2019---4,500.0011/13/201911/13/2019Maturity-500,000.00 037833DH0APPLE INC1.80 11/13/2019100.00500,000.0010/15/201910/15/2019Coupon0.00 05522RCW6BACCT 171 A1.95 03/16/2020---1,218.7511/15/201911/15/2019Coupon0.00 05522RCW6BACCT 171 A1.95 03/16/2020---1,218.7512/15/201912/15/2019Coupon0.00 05522RCW6BACCT 171 A1.95 03/16/2020---1,218.7512/15/201912/15/2019Coupon0.00 05531FAS2BB&T CORP2.45 01/15/2020---2,552.0812/15/201912/15/2019Call Redemption-250,000.00 05531FAS2BB&T CORP2.45 01/15/2020100.00250,000.0010/25/201910/25/2019Coupon0.00 05588CAB8BMWOT 19A A22.05 05/25/2022---1,685.5611/25/201911/25/2019Coupon0.00 05588CAB8BMWOT 19A A22.05 05/25/2022---1,366.6712/25/201912/25/2019Coupon0.00 05588CAB8BMWOT 19A A22.05 05/25/2022---1,366.6711/25/201911/25/2019Coupon0.00 06050TML3BANK OF AMERICA NA2.26 05/24/2021---3,102.8110/15/201910/15/2019Coupon0.00 06406FAA1BANK OF NEW YORK MELLON CORP2.50 04/15/2021---8,750.00Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 71 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount12/10/201912/10/2019Maturity-700,000.00 09247XAE1BLACKROCK INC5.00 12/10/2019100.00700,000.0012/10/201912/10/2019Coupon0.00 09247XAE1BLACKROCK INC5.00 12/10/2019---17,500.0011/12/201911/12/2019Buy500,000.00 12619TAF1CRC Funding, LLC0.00 01/15/202099.68-498,417.7811/12/201911/12/2019Maturity-500,000.00 12619UYC9CRC Funding, LLC0.00 11/12/2019100.00500,000.0010/15/201910/15/2019Coupon0.00 14042WAB6COPAR 191 A22.58 04/15/2022---1,397.5011/15/201911/15/2019Coupon0.00 14042WAB6COPAR 191 A22.58 04/15/2022---1,397.5012/15/201912/15/2019Coupon0.00 14042WAB6COPAR 191 A22.58 04/15/2022---1,397.5012/15/201912/15/2019Principal Paydown-22,965.51 14042WAB6COPAR 191 A22.58 04/15/2022---22,965.5111/15/201911/15/2019Coupon0.00 14913Q2J7CATERPILLAR FINANCIAL SERVICES CORP2.95 05/15/2020---7,375.0010/15/201910/15/2019Coupon0.00 161571GX6CHAIT 154 A1.84 04/15/2020---1,303.3311/15/201911/15/2019Coupon0.00 161571GX6CHAIT 154 A1.84 04/15/2020---1,303.3312/15/201912/15/2019Coupon0.00 161571GX6CHAIT 154 A1.84 04/15/2020---1,303.3311/19/201911/19/2019Coupon0.00 17305EFW0CCCIT 16A1 A11.75 11/19/2019---3,937.5011/19/201911/19/2019Principal Paydown-450,000.00 17305EFW0CCCIT 16A1 A11.75 11/19/2019---450,000.0011/19/201911/19/2019Maturity0.00 17305EFW0CCCIT 16A1 A11.75 11/19/2019100.000.0010/07/201910/07/2019Coupon0.00 17305EGB5CCCIT 17A3 A31.92 04/07/2020---3,840.0011/01/201911/01/2019Coupon0.00 17325FAN8CITIBANK NA3.05 05/01/2020---10,675.0011/12/201911/12/2019Buy1,000,000.00 30229AA66Exxon Mobil Corporation0.00 01/06/202099.75-997,494.4410/03/201910/03/2019Maturity-1,000,000.00 30229BX36Exxon Mobil Corporation0.00 10/03/2019100.001,000,000.0010/03/201910/03/2019Buy1,000,000.00 30229BYC5Exxon Mobil Corporation0.00 11/12/201999.79-997,855.5611/12/201911/12/2019Maturity-1,000,000.00 30229BYC5Exxon Mobil Corporation0.00 11/12/2019100.001,000,000.0010/30/201910/30/2019Coupon0.00 3130ACLX0FEDERAL HOME LOAN BANKS1.63 10/30/2019---4,062.5010/30/201910/30/2019Maturity-500,000.00 3130ACLX0FEDERAL HOME LOAN BANKS1.63 10/30/2019100.00500,000.00Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 72 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount12/18/201912/18/2019Buy1,000,000.00 313312N30FEDERAL FARM CREDIT BANKS0.00 11/04/202098.57-985,688.8911/13/201911/13/2019Buy1,000,000.00 313312N97FEDERAL FARM CREDIT BANKS0.00 11/10/202098.39-983,866.6710/22/201910/22/2019Maturity-500,000.00 313312NG1FEDERAL FARM CREDIT BANKS0.00 10/22/2019100.00500,000.0011/01/201911/01/2019Maturity-1,000,000.00 313312NS5FEDERAL FARM CREDIT BANKS0.00 11/01/2019100.001,000,000.0012/13/201912/13/2019Maturity-1,000,000.00 313312QL7FEDERAL FARM CREDIT BANKS0.00 12/13/2019100.001,000,000.0011/15/201911/15/2019Buy1,000,000.00 313312SD3FEDERAL FARM CREDIT BANKS0.00 01/23/202099.70-996,990.8310/25/201910/28/2019Buy1,000,000.00 313378JP7FEDERAL HOME LOAN BANKS2.38 09/10/2021101.30-1,016,206.6712/23/201912/23/2019Buy1,000,000.00 313384UN7FEDERAL HOME LOAN BANKS0.00 03/20/202099.61-996,125.5610/24/201910/24/2019Maturity-1,000,000.00 313396NJ8FEDERAL HOME LOAN MORTGAGE CORP0.00 10/24/2019100.001,000,000.0010/22/201910/22/2019Coupon0.00 3133EFLA3FEDERAL FARM CREDIT BANKS FUNDINGCORP1.24 10/22/2019---3,100.0010/22/201910/22/2019Maturity-500,000.00 3133EFLA3FEDERAL FARM CREDIT BANKS FUNDINGCORP1.24 10/22/2019100.00500,000.0012/23/201912/23/2019Coupon0.00 3133EKR73FEDERAL FARM CREDIT BANKS FUNDINGCORP1.93 09/23/2021---5,457.1711/08/201911/08/2019Maturity-1,000,000.00 313588NZ4FEDERAL NATIONAL MORTGAGEASSOCIATION0.00 11/08/2019100.001,000,000.0012/22/201912/22/2019Coupon0.00 3135G0D75FEDERAL NATIONAL MORTGAGEASSOCIATION1.50 06/22/2020---7,500.0011/11/201911/11/2019Coupon0.00 369550BA5GENERAL DYNAMICS CORP2.88 05/11/2020---10,781.2510/09/201910/31/2019Buy500,000.00 376087FW7GILROY CALIF UNI SCH DIST1.72 08/01/2021100.00-500,000.0012/04/201912/04/2019Buy1,000,000.00 38346LC20Gotham Funding Corporation0.00 03/02/202099.55-995,475.8310/01/201910/01/2019Maturity-1,000,000.00 38346MX17Gotham Funding Corporation0.00 10/01/2019100.001,000,000.0010/01/201910/01/2019Buy1,000,000.00 38346MZ49Gotham Funding Corporation0.00 12/04/201999.62-996,195.5612/04/201912/04/2019Maturity-1,000,000.00 38346MZ49Gotham Funding Corporation0.00 12/04/2019100.001,000,000.0011/13/201911/13/2019Coupon0.00 40428HPN6HSBC USA INC (NEW)2.38 11/13/2019---5,937.50Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 73 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount11/13/201911/13/2019Maturity-500,000.00 40428HPN6HSBC USA INC (NEW)2.38 11/13/2019100.00500,000.0010/21/201910/21/2019Coupon0.00 43815HAB3HAROT 183 A22.67 12/21/2020---672.7410/21/201910/21/2019Principal Paydown-54,389.16 43815HAB3HAROT 183 A22.67 12/21/2020---54,389.1611/21/201911/21/2019Coupon0.00 43815HAB3HAROT 183 A22.67 12/21/2020---551.7211/21/201911/21/2019Principal Paydown-55,320.55 43815HAB3HAROT 183 A22.67 12/21/2020---55,320.5512/21/201912/21/2019Principal Paydown-50,650.97 43815HAB3HAROT 183 A22.67 12/21/2020---50,650.9712/21/201912/21/2019Coupon0.00 43815HAB3HAROT 183 A22.67 12/21/2020---428.6310/30/201910/30/2019Maturity-500,000.00 438516BP0HONEYWELL INTERNATIONAL INC2.31 10/30/2019100.00500,000.0010/30/201910/30/2019Coupon0.00 438516BP0HONEYWELL INTERNATIONAL INC2.31 10/30/2019---2,946.2411/04/201911/06/2019Buy1,000,000.00 4581X0CD8INTER-AMERICAN DEVELOPMENT BANK2.13 11/09/2020100.40-1,014,471.9211/09/201911/09/2019Coupon0.00 4581X0CD8INTER-AMERICAN DEVELOPMENT BANK2.13 11/09/2020---10,625.0010/15/201910/15/2019Coupon0.00 4581X0CH9INTER-AMERICAN DEVELOPMENT BANK1.75 10/15/2019---8,750.0010/15/201910/15/2019Maturity-1,000,000.00 4581X0CH9INTER-AMERICAN DEVELOPMENT BANK1.75 10/15/2019100.001,000,000.0012/12/201912/16/2019Buy750,000.00 45866FAC8INTERCONTINENTAL EXCHANGE INC2.75 12/01/2020100.72-756,274.3810/18/201910/18/2019Coupon0.00 45905UV43INTERNATIONAL BANK FORRECONSTRUCTION AND DEVELOPM1.91 03/18/2020---1,730.0011/18/201911/18/2019Coupon0.00 45905UV43INTERNATIONAL BANK FORRECONSTRUCTION AND DEVELOPM1.79 03/18/2020---1,640.0012/18/201912/18/2019Coupon0.00 45905UV43INTERNATIONAL BANK FORRECONSTRUCTION AND DEVELOPM1.77 03/18/2020---1,490.0010/15/201910/15/2019Coupon0.00 47788CAB8JDOT 2018 A22.42 10/15/2020---32.3810/15/201910/15/2019Principal Paydown-15,921.83 47788CAB8JDOT 2018 A22.42 10/15/2020---15,921.8311/15/201911/15/2019Coupon0.00 47788CAB8JDOT 2018 A22.42 10/15/2020---0.2711/15/201911/15/2019Principal Paydown-132.42 47788CAB8JDOT 2018 A22.42 10/15/2020---132.42Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 74 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount11/01/201911/05/2019Buy250,000.00 48125LRK0JPMORGAN CHASE BANK NA2.60 02/01/2021100.14-252,047.3310/16/201910/16/2019Maturity-800,000.00 48306BXG5Kaiser Foundation Hospitals, Inc.0.00 10/16/2019100.00800,000.0010/16/201910/16/2019Buy800,000.00 48306BXU4Kaiser Foundation Hospitals, Inc.0.00 10/28/201999.94-799,498.6710/28/201910/28/2019Maturity-800,000.00 48306BXU4Kaiser Foundation Hospitals, Inc.0.00 10/28/2019100.00800,000.0011/22/201911/22/2019Buy800,000.00 50000DAD8Koch Industries, Inc.0.00 01/13/202099.75-798,012.4410/28/201910/28/2019Buy800,000.00 50000EYN8Koch Industries, Inc.0.00 11/22/201999.87-798,988.8911/22/201911/22/2019Maturity-800,000.00 50000EYN8Koch Industries, Inc.0.00 11/22/2019100.00800,000.0011/12/201911/12/2019Buy750,000.00 53127TCC5Liberty Street Funding LLC0.00 03/12/202099.37-745,311.2511/12/201911/12/2019Maturity-750,000.00 53127UYC8Liberty Street Funding LLC0.00 11/12/2019100.00750,000.0010/15/201910/15/2019Coupon0.00 58772RAB0MBART 181 A2A2.71 04/15/2021---517.9310/15/201910/15/2019Principal Paydown-40,345.95 58772RAB0MBART 181 A2A2.71 04/15/2021---40,345.9511/15/201911/15/2019Coupon0.00 58772RAB0MBART 181 A2A2.71 04/15/2021---426.8211/15/201911/15/2019Principal Paydown-41,795.56 58772RAB0MBART 181 A2A2.71 04/15/2021---41,795.5612/15/201912/15/2019Coupon0.00 58772RAB0MBART 181 A2A2.71 04/15/2021---332.4312/15/201912/15/2019Principal Paydown-36,133.38 58772RAB0MBART 181 A2A2.71 04/15/2021---36,133.3810/15/201910/15/2019Coupon0.00 58772TAC4MBALT 19A A33.10 11/15/2021---1,291.6711/15/201911/15/2019Coupon0.00 58772TAC4MBALT 19A A33.10 11/15/2021---1,291.6712/15/201912/15/2019Coupon0.00 58772TAC4MBALT 19A A33.10 11/15/2021---1,291.6712/15/201912/15/2019Coupon0.00 637432MU6NATIONAL RURAL UTILITIES COOP FINANCECORP2.35 06/15/2020---8,225.0012/05/201912/05/2019Buy700,000.00 63763PBA6National Securities Clearing Corporation0.00 02/10/202099.67-697,720.1412/05/201912/05/2019Maturity-700,000.00 63763QZ59National Securities Clearing Corporation0.00 12/05/2019100.00700,000.0010/15/201910/15/2019Principal Paydown-50,111.45 65478GAD2NAROT 17B A31.75 10/15/2021---50,111.45Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 75 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount10/15/201910/15/2019Coupon0.00 65478GAD2NAROT 17B A31.75 10/15/2021---859.8811/15/201911/15/2019Coupon0.00 65478GAD2NAROT 17B A31.75 10/15/2021---786.8011/15/201911/15/2019Principal Paydown-49,031.27 65478GAD2NAROT 17B A31.75 10/15/2021---49,031.2712/15/201912/15/2019Coupon0.00 65478GAD2NAROT 17B A31.75 10/15/2021---715.2912/15/201912/15/2019Principal Paydown-43,851.53 65478GAD2NAROT 17B A31.75 10/15/2021---43,851.5311/19/201911/19/2019Coupon0.00 69353RFD5PNC BANK NA2.26 05/19/2020---4,316.2112/17/201912/17/2019Buy1,000,000.00 71708EAG0Pfizer Inc.0.00 01/16/202099.85-998,516.6711/01/201911/01/2019Coupon0.00 78607QAT2SACRAMENTO CALIF SUBN WTR DIST REV2.71 11/01/2019---6,780.0011/01/201911/01/2019Maturity-500,000.00 78607QAT2SACRAMENTO CALIF SUBN WTR DIST REV2.71 11/01/2019100.00500,000.0011/21/201912/12/2019Buy750,000.00 796720MC1SAN BERNARDINO CALIF CMNTY COLLEGEDIST1.75 08/01/2020100.00-750,000.0012/03/201912/05/2019Buy700,000.00 808513AV7CHARLES SCHWAB CORP2.21 05/21/2021100.12-701,470.8711/25/201911/25/2019Buy1,000,000.00 88602TC43Thunder Bay Funding, LLC0.00 03/04/202099.49-994,888.8910/17/201910/17/2019Maturity-1,000,000.00 88602UXH8Thunder Bay Funding LLC0.00 10/17/2019100.001,000,000.0010/17/201910/18/2019Buy1,000,000.00 88602UYR5Thunder Bay Funding, LLC0.00 11/25/201999.80-998,015.5611/25/201911/25/2019Maturity-1,000,000.00 88602UYR5Thunder Bay Funding, LLC0.00 11/25/2019100.001,000,000.0010/15/201910/15/2019Coupon0.00 89231AAD3TAOT 18C A33.02 12/15/2022---2,013.3311/15/201911/15/2019Coupon0.00 89231AAD3TAOT 18C A33.02 12/15/2022---2,013.3312/15/201912/15/2019Coupon0.00 89231AAD3TAOT 18C A33.02 12/15/2022---2,013.3310/08/201910/08/2019Coupon0.00 89236TCZ6TOYOTA MOTOR CREDIT CORP1.90 04/08/2021---4,750.0010/15/201910/15/2019Coupon0.00 89237WAD9TAOT 16C A31.14 08/17/2020---12.5610/15/201910/15/2019Principal Paydown-13,194.50 89237WAD9TAOT 16C A31.14 08/17/2020---13,194.5011/15/201911/15/2019Coupon0.00 89237WAD9TAOT 16C A31.14 08/17/2020---0.02Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 76 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount11/15/201911/15/2019Principal Paydown-23.16 89237WAD9TAOT 16C A31.14 08/17/2020---23.1610/17/201910/17/2019Coupon0.00 90331HNK5US BANK NA2.13 01/17/2020---4,343.8712/17/201912/17/2019Coupon0.00 90331HNK5US BANK NA2.13 01/17/2020---2,523.0112/17/201912/17/2019Call Redemption-700,000.00 90331HNK5US BANK NA2.13 01/17/2020100.00700,000.0010/31/201910/31/2019Coupon0.00 9128285G1UNITED STATES TREASURY2.88 10/31/2020---14,375.0011/01/201911/04/2019Buy1,000,000.00 912828L99UNITED STATES TREASURY1.38 10/31/202099.77-997,807.3510/24/201910/25/2019Buy1,000,000.00 912828Q78UNITED STATES TREASURY1.38 04/30/202199.62-1,002,861.7610/31/201910/31/2019Coupon0.00 912828Q78UNITED STATES TREASURY1.38 04/30/2021---6,875.0010/17/201910/18/2019Buy1,000,000.00 912828S27UNITED STATES TREASURY1.13 06/30/202199.15-994,847.1512/31/201912/31/2019Coupon0.00 912828S27UNITED STATES TREASURY1.13 06/30/2021---5,625.0011/15/201911/15/2019Coupon0.00 912828U32UNITED STATES TREASURY1.00 11/15/2019---5,000.0011/15/201911/15/2019Maturity-1,000,000.00 912828U32UNITED STATES TREASURY1.00 11/15/2019100.001,000,000.0012/15/201912/15/2019Coupon0.00 912828U73UNITED STATES TREASURY1.38 12/15/2019---6,875.0012/15/201912/15/2019Maturity-1,000,000.00 912828U73UNITED STATES TREASURY1.38 12/15/2019100.001,000,000.0010/21/201910/21/2019Coupon0.00 92348XAB1VZOT 18A A1B2.09 04/20/2023---1,573.5911/20/201911/20/2019Coupon0.00 92348XAB1VZOT 18A A1B1.96 04/20/2023---1,390.9212/20/201912/20/2019Coupon0.00 92348XAB1VZOT 18A A1B2.00 04/20/2023---1,309.0912/14/201912/14/2019Coupon0.00 92826CAB8VISA INC2.20 12/14/2020---7,425.0010/20/201910/20/2019Coupon0.00 92868LAB7VALET 181 A2A2.81 07/20/2021---892.3810/20/201910/20/2019Principal Paydown-46,054.59 92868LAB7VALET 181 A2A2.81 07/20/2021---46,054.5911/20/201911/20/2019Coupon0.00 92868LAB7VALET 181 A2A2.81 07/20/2021---784.5311/20/201911/20/2019Principal Paydown-47,017.47 92868LAB7VALET 181 A2A2.81 07/20/2021---47,017.4712/20/201912/20/2019Coupon0.00 92868LAB7VALET 181 A2A2.81 07/20/2021---674.43Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 77 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount12/20/201912/20/2019Principal Paydown-43,107.64 92868LAB7VALET 181 A2A2.81 07/20/2021---43,107.6412/23/201912/23/2019Coupon0.00 931142EF6WALMART INC1.97 06/23/2020---3,890.8010/01/201910/01/2019Buy1,001,534.41 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,001,534.4110/01/201910/01/2019Sell-996,195.56 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00996,195.5610/03/201910/03/2019Sell-997,855.56 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00997,855.5610/03/201910/03/2019Buy1,000,000.00 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,000,000.0010/07/201910/07/2019Buy3,840.00 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-3,840.0010/08/201910/08/2019Buy4,750.00 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-4,750.0010/15/201910/15/2019Buy804.17 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-804.1710/15/201910/15/2019Buy1,074,477.16 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,074,477.1610/16/201910/16/2019Sell-799,498.67 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00799,498.6710/16/201910/16/2019Buy871,243.90 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-871,243.9010/17/201910/17/2019Buy1,000,000.00 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,000,000.0010/17/201910/17/2019Buy4,343.87 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-4,343.8710/18/201910/18/2019Sell-1,992,862.71 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.001,992,862.7110/21/201910/21/2019Sell-1,046.22 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.001,046.2210/22/201910/22/2019Buy1,105,108.87 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,105,108.8710/23/201910/23/2019Sell-265,645.73 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00265,645.7310/24/201910/24/2019Buy1,000,000.00 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,000,000.0010/25/201910/25/2019Sell-1,002,861.76 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.001,002,861.7610/25/201910/25/2019Buy1,685.56 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,685.5610/28/201910/28/2019Sell-798,988.89 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00798,988.8910/28/201910/28/2019Sell-216,206.67 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00216,206.67Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 78 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount10/30/201910/30/2019Buy1,004,062.50 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00-1,004,062.5010/31/201910/31/2019Sell-475,803.76 94975P405WELLSFARGO:GOVT MM I1.65 12/31/20191.00475,803.7610/31/201910/31/2019Money Market Funds0.00 94975P405WELLSFARGO:GOVT MM I1.65 12/31/2019---1,476.2011/01/201911/01/2019Buy1,518,931.20 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-1,518,931.2011/04/201911/04/2019Sell-997,807.35 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00997,807.3511/05/201911/05/2019Sell-252,047.33 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00252,047.3311/06/201911/06/2019Sell-1,014,471.92 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.001,014,471.9211/08/201911/08/2019Buy1,000,000.00 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-1,000,000.0011/12/201911/12/2019Buy10,625.00 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-10,625.0011/12/201911/12/2019Sell-745,311.25 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00745,311.2511/12/201911/12/2019Buy2,260,781.25 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-2,260,781.2511/12/201911/12/2019Sell-1,495,912.22 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.001,495,912.2211/13/201911/13/2019Sell-1,474,932.50 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.001,474,932.5011/13/201911/13/2019Buy1,004,500.00 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-1,004,500.0011/15/201911/15/2019Buy827.60 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-827.6011/15/201911/15/2019Sell-996,990.83 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00996,990.8311/15/201911/15/2019Buy1,111,772.46 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-1,111,772.4611/18/201911/18/2019Buy0.02 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-0.0211/19/201911/19/2019Buy9,893.71 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-9,893.7111/19/201911/19/2019Buy450,000.00 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-450,000.0011/20/201911/20/2019Sell-2,949.65 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.002,949.6511/20/201911/20/2019Buy47,801.99 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-47,801.9911/21/201911/21/2019Buy59,989.40 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-59,989.40Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 79 Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount11/22/201911/22/2019Buy800,000.00 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-800,000.0011/22/201911/22/2019Sell-798,012.44 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00798,012.4411/25/201911/25/2019Sell-991,786.08 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00991,786.0811/25/201911/25/2019Buy1,001,366.67 94975P405WELLSFARGO:GOVT MM I1.52 12/31/20191.00-1,001,366.6711/29/201911/29/2019Money Market Funds0.00 94975P405WELLSFARGO:GOVT MM I1.52 12/31/2019---1,770.5612/02/201912/02/2019Buy1,770.56 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-1,770.5612/04/201912/04/2019Buy1,000,000.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-1,000,000.0012/04/201912/04/2019Sell-995,475.83 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00995,475.8312/05/201912/05/2019Sell-1,470.87 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.001,470.8712/05/201912/05/2019Sell-697,720.14 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00697,720.1412/10/201912/10/2019Buy717,500.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-717,500.0012/12/201912/12/2019Sell-750,000.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00750,000.0012/13/201912/13/2019Buy1,000,000.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-1,000,000.0012/16/201912/16/2019Buy376,254.60 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-376,254.6012/16/201912/16/2019Buy2,022.92 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-2,022.9212/16/201912/16/2019Buy252,552.08 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-252,552.0812/17/201912/17/2019Buy702,523.01 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-702,523.0112/17/201912/17/2019Sell-998,516.67 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00998,516.6712/18/201912/18/2019Sell-985,688.89 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00985,688.8912/19/201912/19/2019Buy1,490.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-1,490.0012/20/201912/20/2019Sell-2,977.30 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.002,977.3012/20/201912/20/2019Buy43,782.08 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-43,782.0812/23/201912/23/2019Buy51,079.59 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-51,079.59Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 80 Summary * Grouped by: Status. * Groups Sorted by: Status. * Showing transactions with Entry Date within selected date range. * Weighted by: Absolute Value of Base Principal. * MMF transactions areexpanded. * The Transaction Detail/Trading Activity reports provide our most up-to-date transactional details. As such, these reports are subject to change even after the other reports on the website have been lockeddown. While these reports can be useful tools in understanding recent activity, due to their dynamic nature we do not recommend using them for booking journal entries or reconciliation.Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount12/23/201912/23/2019Sell-990,668.39 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00990,668.3912/23/201912/23/2019Buy11,390.80 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-11,390.8012/26/201912/26/2019Buy1,366.67 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-1,366.6712/31/201912/31/2019Buy5,625.00 94975P405WELLSFARGO:GOVT MM I1.54 12/31/20191.00-5,625.0010/21/201910/21/2019Management Fee0.00 CCYUSDUS DOLLAR0.00 12/31/2019----4,349.8110/23/201910/23/2019Cash Transfer0.00 CCYUSDUS DOLLAR0.00 12/31/2019----265,645.7311/20/201911/20/2019Management Fee0.00 CCYUSDUS DOLLAR0.00 12/31/2019----4,340.5712/20/201912/20/2019Management Fee0.00 CCYUSDUS DOLLAR0.00 12/31/2019----4,286.39---------15,944.92 --------- 02/06/2020----1,534.42Entry Date,Settle DateTransaction TypeBase Current Units Identifier,DescriptionCouponRateFinal MaturityPriceBase Amount---------15,944.92 --------- 02/06/2020----160.38Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 81 * Does not Lock Down.ReceivableSettledEntry Date Settle Date Transaction TypeBase Current Units IdentifierTicker DescriptionBase Amount12/31/2019 12/31/2019 Money Market Funds0.00 94975P405GVIXX WELLSFARGO:GOVT MM I1,374.0412/31/2019 12/31/2019 Money Market Funds0.00 94975P405GVIXX WELLSFARGO:GOVT MM I1,374.04Entry Date Settle Date Transaction TypeBase Current Units IdentifierTicker DescriptionBase Amount10/01/2019 10/01/2019 Buy1,001,534.41 94975P405GVIXX WELLSFARGO:GOVT MM I-1,001,534.4110/01/2019 10/01/2019 Sell-996,195.56 94975P405GVIXX WELLSFARGO:GOVT MM I996,195.5610/03/2019 10/03/2019 Sell-997,855.56 94975P405GVIXX WELLSFARGO:GOVT MM I997,855.5610/03/2019 10/03/2019 Buy1,000,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,000,000.0010/07/2019 10/07/2019 Buy3,840.00 94975P405GVIXX WELLSFARGO:GOVT MM I-3,840.0010/08/2019 10/08/2019 Buy4,750.00 94975P405GVIXX WELLSFARGO:GOVT MM I-4,750.0010/15/2019 10/15/2019 Buy804.17 94975P405GVIXX WELLSFARGO:GOVT MM I-804.1710/15/2019 10/15/2019 Buy1,074,477.16 94975P405GVIXX WELLSFARGO:GOVT MM I-1,074,477.1610/16/2019 10/16/2019 Sell-799,498.67 94975P405GVIXX WELLSFARGO:GOVT MM I799,498.6710/16/2019 10/16/2019 Buy871,243.90 94975P405GVIXX WELLSFARGO:GOVT MM I-871,243.9010/17/2019 10/17/2019 Buy1,000,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,000,000.0010/17/2019 10/17/2019 Buy4,343.87 94975P405GVIXX WELLSFARGO:GOVT MM I-4,343.8710/18/2019 10/18/2019 Sell-1,992,862.71 94975P405GVIXX WELLSFARGO:GOVT MM I1,992,862.7110/21/2019 10/21/2019 Sell-1,046.22 94975P405GVIXX WELLSFARGO:GOVT MM I1,046.2210/22/2019 10/22/2019 Buy1,105,108.87 94975P405GVIXX WELLSFARGO:GOVT MM I-1,105,108.8710/23/2019 10/23/2019 Sell-265,645.73 94975P405GVIXX WELLSFARGO:GOVT MM I265,645.7310/24/2019 10/24/2019 Buy1,000,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,000,000.0010/25/2019 10/25/2019 Sell-1,002,861.76 94975P405GVIXX WELLSFARGO:GOVT MM I1,002,861.7610/25/2019 10/25/2019 Buy1,685.56 94975P405GVIXX WELLSFARGO:GOVT MM I-1,685.5610/28/2019 10/28/2019 Sell-798,988.89 94975P405GVIXX WELLSFARGO:GOVT MM I798,988.8910/28/2019 10/28/2019 Sell-216,206.67 94975P405GVIXX WELLSFARGO:GOVT MM I216,206.6710/30/2019 10/30/2019 Buy1,004,062.50 94975P405GVIXX WELLSFARGO:GOVT MM I-1,004,062.5010/31/2019 10/31/2019 Sell-475,803.76 94975P405GVIXX WELLSFARGO:GOVT MM I475,803.7610/31/2019 10/31/2019 Money Market Funds0.00 94975P405GVIXX WELLSFARGO:GOVT MM I1,476.2011/01/2019 11/01/2019 Buy1,518,931.20 94975P405GVIXX WELLSFARGO:GOVT MM I-1,518,931.2011/04/2019 11/04/2019 Sell-997,807.35 94975P405GVIXX WELLSFARGO:GOVT MM I997,807.3511/05/2019 11/05/2019 Sell-252,047.33 94975P405GVIXX WELLSFARGO:GOVT MM I252,047.3311/06/2019 11/06/2019 Sell-1,014,471.92 94975P405GVIXX WELLSFARGO:GOVT MM I1,014,471.9211/08/2019 11/08/2019 Buy1,000,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,000,000.0011/12/2019 11/12/2019 Buy10,625.00 94975P405GVIXX WELLSFARGO:GOVT MM I-10,625.0011/12/2019 11/12/2019 Sell-745,311.25 94975P405GVIXX WELLSFARGO:GOVT MM I745,311.2511/12/2019 11/12/2019 Buy2,260,781.25 94975P405GVIXX WELLSFARGO:GOVT MM I-2,260,781.25MMF Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 82 Entry Date Settle Date Transaction TypeBase Current Units IdentifierTicker DescriptionBase Amount11/12/2019 11/12/2019 Sell-1,495,912.22 94975P405GVIXX WELLSFARGO:GOVT MM I1,495,912.2211/13/2019 11/13/2019 Sell-1,474,932.50 94975P405GVIXX WELLSFARGO:GOVT MM I1,474,932.5011/13/2019 11/13/2019 Buy1,004,500.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,004,500.0011/15/2019 11/15/2019 Buy827.60 94975P405GVIXX WELLSFARGO:GOVT MM I-827.6011/15/2019 11/15/2019 Sell-996,990.83 94975P405GVIXX WELLSFARGO:GOVT MM I996,990.8311/15/2019 11/15/2019 Buy1,111,772.46 94975P405GVIXX WELLSFARGO:GOVT MM I-1,111,772.4611/18/2019 11/18/2019 Buy0.02 94975P405GVIXX WELLSFARGO:GOVT MM I-0.0211/19/2019 11/19/2019 Buy9,893.71 94975P405GVIXX WELLSFARGO:GOVT MM I-9,893.7111/19/2019 11/19/2019 Buy450,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-450,000.0011/20/2019 11/20/2019 Sell-2,949.65 94975P405GVIXX WELLSFARGO:GOVT MM I2,949.6511/20/2019 11/20/2019 Buy47,801.99 94975P405GVIXX WELLSFARGO:GOVT MM I-47,801.9911/21/2019 11/21/2019 Buy59,989.40 94975P405GVIXX WELLSFARGO:GOVT MM I-59,989.4011/22/2019 11/22/2019 Buy800,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-800,000.0011/22/2019 11/22/2019 Sell-798,012.44 94975P405GVIXX WELLSFARGO:GOVT MM I798,012.4411/25/2019 11/25/2019 Sell-991,786.08 94975P405GVIXX WELLSFARGO:GOVT MM I991,786.0811/25/2019 11/25/2019 Buy1,001,366.67 94975P405GVIXX WELLSFARGO:GOVT MM I-1,001,366.6711/29/2019 11/29/2019 Money Market Funds0.00 94975P405GVIXX WELLSFARGO:GOVT MM I1,770.5612/02/2019 12/02/2019 Buy1,770.56 94975P405GVIXX WELLSFARGO:GOVT MM I-1,770.5612/04/2019 12/04/2019 Buy1,000,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,000,000.0012/04/2019 12/04/2019 Sell-995,475.83 94975P405GVIXX WELLSFARGO:GOVT MM I995,475.8312/05/2019 12/05/2019 Sell-1,470.87 94975P405GVIXX WELLSFARGO:GOVT MM I1,470.8712/05/2019 12/05/2019 Sell-697,720.14 94975P405GVIXX WELLSFARGO:GOVT MM I697,720.1412/10/2019 12/10/2019 Buy717,500.00 94975P405GVIXX WELLSFARGO:GOVT MM I-717,500.0012/12/2019 12/12/2019 Sell-750,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I750,000.0012/13/2019 12/13/2019 Buy1,000,000.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,000,000.0012/16/2019 12/16/2019 Buy376,254.60 94975P405GVIXX WELLSFARGO:GOVT MM I-376,254.6012/16/2019 12/16/2019 Buy2,022.92 94975P405GVIXX WELLSFARGO:GOVT MM I-2,022.9212/16/2019 12/16/2019 Buy252,552.08 94975P405GVIXX WELLSFARGO:GOVT MM I-252,552.0812/17/2019 12/17/2019 Buy702,523.01 94975P405GVIXX WELLSFARGO:GOVT MM I-702,523.0112/17/2019 12/17/2019 Sell-998,516.67 94975P405GVIXX WELLSFARGO:GOVT MM I998,516.6712/18/2019 12/18/2019 Sell-985,688.89 94975P405GVIXX WELLSFARGO:GOVT MM I985,688.8912/19/2019 12/19/2019 Buy1,490.00 94975P405GVIXX WELLSFARGO:GOVT MM I-1,490.0012/20/2019 12/20/2019 Sell-2,977.30 94975P405GVIXX WELLSFARGO:GOVT MM I2,977.3012/20/2019 12/20/2019 Buy43,782.08 94975P405GVIXX WELLSFARGO:GOVT MM I-43,782.0812/23/2019 12/23/2019 Buy51,079.59 94975P405GVIXX WELLSFARGO:GOVT MM I-51,079.5912/23/2019 12/23/2019 Sell-990,668.39 94975P405GVIXX WELLSFARGO:GOVT MM I990,668.3912/23/2019 12/23/2019 Buy11,390.80 94975P405GVIXX WELLSFARGO:GOVT MM I-11,390.8012/26/2019 12/26/2019 Buy1,366.67 94975P405GVIXX WELLSFARGO:GOVT MM I-1,366.6712/31/2019 12/31/2019 Buy5,625.00 94975P405GVIXX WELLSFARGO:GOVT MM I-5,625.00----------224,008.14 94975P405GVIXX WELLSFARGO:GOVT MM I227,254.90MMF Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 83 Summary * Grouped by: Status. * Groups Sorted by: Status. * Filtered By: Security Type = "MMFUND". * Showing transactions with Entry Date within selected date range. * Weighted by: Absolute Value of BasePrincipal. * MMF transactions are expanded. * The Transaction Detail/Trading Activity reports provide our most up-to-date transactional details. As such, these reports are subject to change even after the other reports on the website have been lockeddown. While these reports can be useful tools in understanding recent activity, due to their dynamic nature we do not recommend using them for booking journal entries or reconciliation.Entry Date Settle Date Transaction TypeBase Current Units IdentifierTicker DescriptionBase Amount----------224,008.14 94975P405GVIXX WELLSFARGO:GOVT MM I228,628.94MMF Transaction DetailUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 84 Identifier,DescriptionBeginning Market Value+ Accrued,Base PurchasesBase Sales,Base Maturities andRedemptionsBase Paydowns,Base Net TransferredValueBase Amortization/Accretion,Change In AccruedBalanceNet Realized Gain/Loss,Base Change In NetUnrealized Gain/LossBase Change In Cash,Payables/Receivables,Ending Market Value +Accrued14042WAB6COPAR 191 A2653,202.530.000.000.00-22,965.510.009.03-26.330.00-613.520.00629,606.1858772RAB0MBART 181 A2A229,885.130.000.000.00-118,274.890.001.52-142.460.00-180.730.00111,288.5765478GAD2NAROT 17B A3353,581.610.000.000.00-85,796.550.001,133.07-66.730.00-902.820.00267,948.5765478GAD2NAROT 17B A3235,721.070.000.000.00-57,197.700.00821.77-44.490.00-668.270.00178,632.3889237WAD9TAOT 16C A313,218.890.000.000.00-13,217.660.001.02-6.700.004.440.000.0094975P405WELLSFARGO:GOVT MM I546,992.2421,515,697.05-21,739,705.190.000.000.000.000.000.000.000.00322,984.10CCYUSDReceivable1,534.410.000.000.000.000.000.000.000.000.00-161.531,372.88CCYUSDCash-3.940.000.000.000.000.000.000.000.000.004.991.05912828C57UNITED STATES TREASURY1,007,405.480.000.000.000.000.00-1,006.025,655.740.001,279.020.001,013,334.21166764AR1CHEVRON CORP200,341.460.000.000.000.000.00511.32980.500.00-583.210.00201,250.073133EFLA3FEDERAL FARM CREDIT BANKS FUNDINGCORP502,561.930.000.00-500,000.000.000.00419.43-2,738.330.00-243.030.000.0006406FAA1BANK OF NEW YORK MELLON CORP713,432.440.000.000.000.000.00-1,039.96-4,375.000.00517.720.00708,535.20438516BP0HONEYWELL INTERNATIONAL INC502,068.050.000.00-500,000.000.000.00-28.81-2,017.530.00-21.710.000.0090331HNK5US BANK NA703,786.980.000.00-700,000.000.000.000.00-3,588.410.00-198.570.000.0058772TAC4MBALT 19A A3505,920.090.000.000.000.000.00-849.320.000.00139.470.00505,210.2463763QZ59National Securities Clearing Corporation697,325.530.000.00-700,000.000.000.002,527.780.000.00146.690.000.0012619UYC9CRC Funding, LLC498,755.980.000.00-500,000.000.000.001,236.670.000.007.350.000.0048306BXG5Kaiser Foundation Hospitals, Inc.799,172.260.000.00-800,000.000.000.00680.000.000.00147.730.000.00376087FW7GILROY CALIF UNI SCH DIST0.00500,000.000.000.000.000.000.001,458.070.00-895.000.00500,563.0702665JCG3American Honda Finance Corporation0.00497,003.330.000.000.000.001,184.170.000.00-19.940.00498,167.5538346LC20Gotham Funding Corporation0.00995,475.830.000.000.000.001,423.330.000.00-176.550.00996,722.61Roll ForwardUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 85 Identifier,DescriptionBeginning Market Value+ Accrued,Base PurchasesBase Sales,Base Maturities andRedemptionsBase Paydowns,Base Net TransferredValueBase Amortization/Accretion,Change In AccruedBalanceNet Realized Gain/Loss,Base Change In NetUnrealized Gain/LossBase Change In Cash,Payables/Receivables,Ending Market Value +Accrued3135G0D75FEDERAL NATIONAL MORTGAGEASSOCIATION1,001,337.920.000.000.000.000.001,238.76-3,750.000.00845.430.00999,672.11161571GX6CHAIT 154 A849,783.400.000.000.000.000.00308.030.000.00407.410.00850,498.85857477AS2STATE STREET CORP705,438.620.000.000.000.000.00101.204,462.500.00-618.070.00709,384.2645866FAC8INTERCONTINENTAL EXCHANGE INC0.00755,415.000.000.000.000.00-269.911,718.750.00-82.590.00756,781.25459058FA6INTERNATIONAL BANK FORRECONSTRUCTION AND DEVELOPM996,733.690.000.000.000.000.001,538.603,437.500.00806.690.001,002,516.483130ACLX0FEDERAL HOME LOAN BANKS503,318.140.000.00-500,000.000.000.00423.56-3,407.990.00-333.720.000.00037833DH0APPLE INC503,309.790.000.00-500,000.000.000.00659.21-3,450.000.00-519.000.000.0092348XAB1VZOT 18A A1B799,460.930.000.000.000.000.000.00-23.800.00781.120.00800,218.25313312NS5FEDERAL FARM CREDIT BANKS998,381.110.000.00-1,000,000.000.000.002,307.780.000.00-688.890.000.009128286D7UNITED STATES TREASURY506,181.560.000.000.000.000.00-183.193,159.340.00-50.810.00509,106.90313396NJ8FEDERAL HOME LOAN MORTGAGE CORP998,798.890.000.00-1,000,000.000.000.001,495.000.000.00-293.890.000.00313588NZ4FEDERAL NATIONAL MORTGAGEASSOCIATION998,015.560.000.00-1,000,000.000.000.002,037.220.000.00-52.780.000.0005588CAB8BMWOT 19A A2800,741.020.000.000.000.000.002.54-318.890.00404.500.00800,829.1730229BYC5Exxon Mobil Corporation0.00997,855.560.00-1,000,000.000.000.002,144.440.000.000.000.000.0050000EYN8Koch Industries, Inc.0.00798,988.890.00-800,000.000.000.001,011.110.000.000.000.000.0012619TAF1CRC Funding, LLC0.00498,417.780.000.000.000.001,236.110.000.00-24.720.00499,629.16313312N30FEDERAL FARM CREDIT BANKS0.00985,688.890.000.000.000.00622.220.000.00726.670.00987,037.7809247XAE1BLACKROCK INC714,599.670.000.00-700,000.000.000.00-2,855.36-10,791.670.00-952.640.000.00313378JP7FEDERAL HOME LOAN BANKS0.001,013,040.000.000.000.000.00-1,241.007,322.920.001,153.770.001,020,275.694581X0CD8INTER-AMERICAN DEVELOPMENT BANK0.001,004,024.000.000.000.000.00-610.693,069.440.00-77.130.001,006,405.62912828XM7UNITED STATES TREASURY500,411.890.000.000.000.000.00921.982,031.250.0015.520.00503,380.64Roll ForwardUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 86 Identifier,DescriptionBeginning Market Value+ Accrued,Base PurchasesBase Sales,Base Maturities andRedemptionsBase Paydowns,Base Net TransferredValueBase Amortization/Accretion,Change In AccruedBalanceNet Realized Gain/Loss,Base Change In NetUnrealized Gain/LossBase Change In Cash,Payables/Receivables,Ending Market Value +Accrued69371RM78PACCAR INC705,969.080.000.000.000.000.00-25.564,375.000.00-1,016.720.00709,301.8089236TCZ6TOYOTA MOTOR CREDIT CORP504,699.540.000.000.000.000.00-141.84-2,375.000.00698.900.00502,881.61912828Q78UNITED STATES TREASURY0.00996,210.940.000.000.000.00465.922,342.030.00276.140.00999,295.03912828U32UNITED STATES TREASURY1,002,487.170.000.00-1,000,000.000.000.001,903.33-3,777.170.00-613.330.000.00912828U73UNITED STATES TREASURY1,003,002.380.000.00-1,000,000.000.000.002,791.64-4,057.380.00-1,736.640.000.0002587AAJ3AMXCA 171 A500,032.840.000.000.000.000.001,082.660.000.00-709.310.00500,406.1905522RCW6BACCT 171 A750,198.130.000.000.000.000.001,365.250.000.00-838.370.00750,725.0017305EGB5CCCIT 17A3 A3403,447.880.000.000.000.000.00295.45-1,920.000.00-52.810.00401,770.5269353RFD5PNC BANK NA682,962.160.000.000.000.000.00-264.24-179.600.0029.250.00682,547.5824422ETZ2JOHN DEERE CAPITAL CORP707,863.200.000.000.000.000.00523.834,112.500.00-815.570.00711,683.964581X0CH9INTER-AMERICAN DEVELOPMENT BANK1,007,967.120.000.00-1,000,000.000.000.00353.03-8,069.440.00-250.710.000.00369550BA5GENERAL DYNAMICS CORP254,097.380.000.000.000.000.0057.79-1,796.880.00-493.370.00251,864.93369550BA5GENERAL DYNAMICS CORP508,194.770.000.000.000.000.00-269.16-3,593.750.00-602.000.00503,729.8602665WCL3AMERICAN HONDA FINANCE CORP702,159.610.000.000.000.000.00-124.73-204.780.00-2.710.00701,827.39313312QL7FEDERAL FARM CREDIT BANKS996,208.060.000.00-1,000,000.000.000.005,414.170.000.00-1,622.230.000.0053127UYC8Liberty Street Funding LLC748,133.980.000.00-750,000.000.000.001,933.750.000.00-67.730.000.0088602UXH8Thunder Bay Funding LLC999,037.140.000.00-1,000,000.000.000.00946.670.000.0016.190.000.003133EKR73FEDERAL FARM CREDIT BANKS FUNDINGCORP999,557.540.000.000.000.000.000.002.190.00373.460.00999,933.1948306BXU4Kaiser Foundation Hospitals, Inc.0.00799,498.670.00-800,000.000.000.00501.330.000.000.000.000.0088602UYR5Thunder Bay Funding, LLC0.00998,015.560.00-1,000,000.000.000.001,984.440.000.000.000.000.0030229AA66Exxon Mobil Corporation0.00997,494.440.000.000.000.002,277.780.000.00-47.390.00999,724.83Roll ForwardUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 87 Identifier,DescriptionBeginning Market Value+ Accrued,Base PurchasesBase Sales,Base Maturities andRedemptionsBase Paydowns,Base Net TransferredValueBase Amortization/Accretion,Change In AccruedBalanceNet Realized Gain/Loss,Base Change In NetUnrealized Gain/LossBase Change In Cash,Payables/Receivables,Ending Market Value +Accrued63763PBA6National Securities Clearing Corporation0.00697,720.140.000.000.000.00918.750.000.004.240.00698,643.1353127TCC5Liberty Street Funding LLC0.00745,311.250.000.000.000.001,937.500.000.00-5.750.00747,243.0071708EAG0Pfizer Inc.0.00998,516.670.000.000.000.00741.660.000.0050.550.00999,308.89313312N97FEDERAL FARM CREDIT BANKS0.00983,866.670.000.000.000.002,177.780.000.00739.990.00986,784.44313312SD3FEDERAL FARM CREDIT BANKS0.00996,990.830.000.000.000.002,049.720.000.0078.620.00999,119.17796720MC1SAN BERNARDINO CALIF CMNTY COLLEGEDIST0.00750,000.000.000.000.000.000.00694.290.00-202.500.00750,491.7988602TC43Thunder Bay Funding, LLC0.00994,888.890.000.000.000.001,891.110.000.0036.000.00996,816.00313370US5FEDERAL HOME LOAN BANKS1,011,063.710.000.000.000.000.00-904.717,187.500.00-1,301.130.001,016,045.37637432MU6NATIONAL RURAL UTILITIES COOP FINANCECORP705,942.080.000.000.000.000.00319.00-4,112.500.00-377.550.00701,771.0440428HPN6HSBC USA INC (NEW)504,663.400.000.00-500,000.000.000.00370.19-4,552.080.00-481.510.000.00912828L99UNITED STATES TREASURY0.00997,656.250.000.000.000.00375.522,342.030.00-336.770.001,000,037.0392826CAB8VISA INC681,919.380.000.000.000.000.00601.59-3,712.500.00-418.880.00678,389.60912828S27UNITED STATES TREASURY0.00991,484.380.000.000.000.001,028.4630.910.00495.160.00993,038.9117305EFW0CCCIT 16A1 A1452,662.460.000.000.00-450,000.000.00594.80-2,887.500.00-369.750.000.0048125LRK0JPMORGAN CHASE BANK NA502,998.890.000.000.000.000.00118.473,255.000.00-683.330.00505,689.0348125LRK0JPMORGAN CHASE BANK NA0.00250,347.500.000.000.000.00-225.092,712.500.009.600.00252,844.5217325FAN8CITIBANK NA712,441.700.000.000.000.000.00-436.21-5,337.500.00-1,003.480.00705,664.5178607QAT2SACRAMENTO CALIF SUBN WTR DIST REV505,885.000.000.00-500,000.000.000.000.00-5,650.000.00-235.000.000.0014913Q2J7CATERPILLAR FINANCIAL SERVICES CORP508,419.540.000.000.000.000.00-481.43-3,687.500.00-461.750.00503,788.86808513AV7CHARLES SCHWAB CORP0.00700,868.000.000.000.000.00-46.591,765.550.00-208.210.00702,378.75931142EF6WALMART INC700,370.170.000.000.000.000.000.002.310.00-61.900.00700,310.57Roll ForwardUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 88 * Weighted by: Ending Base Market Value + Accrued. * Holdings Displayed by: Lot.Identifier,DescriptionBeginning Market Value+ Accrued,Base PurchasesBase Sales,Base Maturities andRedemptionsBase Paydowns,Base Net TransferredValueBase Amortization/Accretion,Change In AccruedBalanceNet Realized Gain/Loss,Base Change In NetUnrealized Gain/LossBase Change In Cash,Payables/Receivables,Ending Market Value +Accrued45905UV43INTERNATIONAL BANK FORRECONSTRUCTION AND DEVELOPM1,000,697.820.000.000.000.000.00-30.77-57.590.0091.900.001,000,701.3689231AAD3TAOT 18C A3812,066.420.000.000.000.000.00-1,084.380.000.001,936.940.00812,918.989128285G1UNITED STATES TREASURY1,023,281.250.000.000.000.000.00-2,846.45-7,134.270.001,557.450.001,014,857.98313312NG1FEDERAL FARM CREDIT BANKS499,451.660.000.00-500,000.000.000.00767.080.000.00-218.750.000.0038346MX17Gotham Funding Corporation999,944.810.000.00-1,000,000.000.000.000.000.000.0055.190.000.0006050TML3BANK OF AMERICA NA501,658.650.000.000.000.000.000.00-45.520.000.540.00501,613.6730229BX36Exxon Mobil Corporation999,812.920.000.00-1,000,000.000.000.00113.890.000.0073.190.000.00313384UN7FEDERAL HOME LOAN BANKS0.00996,125.560.000.000.000.00396.250.000.0098.190.00996,620.0038346MZ49Gotham Funding Corporation0.00996,195.560.00-1,000,000.000.000.003,804.440.000.000.000.000.0050000DAD8Koch Industries, Inc.0.00798,012.440.000.000.000.001,528.890.000.0014.070.00799,555.4047788CAB8JDOT 2018 A216,072.720.000.000.00-16,054.250.000.05-17.270.00-1.250.000.0092868LAB7VALET 181 A2A382,181.130.000.000.00-136,179.700.000.68-116.930.00-324.390.00245,560.8143815HAB3HAROT 183 A2302,973.550.000.000.00-160,360.680.00-12.31-118.930.01-262.810.00142,218.8205531FAS2BB&T CORP251,453.940.000.00-250,000.000.000.00335.83-1,293.06138.81-635.520.000.00------44,593,393.5445,250,810.08-21,739,705.19-22,500,000.00-1,060,046.940.0052,987.88-37,327.65138.80-10,637.63-156.5444,549,456.35Roll ForwardUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 89 Identifier,DescriptionSecurity TypeBase Market Value Book Yield,YieldDuration -50 Basis Point Shock,-100 Basis Point Shock,-200 Basis Point Shock50 Basis Point Shock,100 Basis Point Shock,200 Basis Point Shock02587AAJ3AMXCA 171 AABS499,977.30 2.812.560.78501,917.22503,857.15507,737.05498,037.39496,097.50492,217.7502665JCG3American Honda Finance CorporationCP498,167.55 1.751.740.21498,680.67499,193.80499,955.31497,654.45497,141.35496,115.2002665WCL3AMERICAN HONDA FINANCE CORPCORP700,197.36 2.011.840.14700,691.01701,184.68702,019.01699,703.73699,210.12698,222.9505522RCW6BACCT 171 AABS750,075.00 2.691.880.20750,836.34751,597.69752,942.29749,313.68748,552.39747,029.8505588CAB8BMWOT 19A A2ABS800,555.84 2.061.940.65803,153.72805,751.77810,652.11797,958.12795,360.55790,165.9106050TML3BANK OF AMERICA NACORP500,452.53 2.261.910.15500,820.39501,188.28501,858.67500,084.72499,716.94498,981.5006406FAA1BANK OF NEW YORK MELLON CORPCORP704,840.75 1.901.911.18709,009.76713,178.52720,781.71700,671.50696,501.99688,162.2512619TAF1CRC Funding, LLCCP499,629.16 1.791.780.04499,731.59499,834.01499,994.20499,526.74499,424.32499,219.4714042WAB6COPAR 191 A2ABS628,887.18 2.601.980.49630,424.86631,962.63634,967.71627,349.60625,812.11622,737.4214913Q2J7CATERPILLAR FINANCIAL SERVICES CORPCORP501,904.14 2.561.900.37502,827.66503,751.22505,410.03500,980.66500,057.21498,210.43161571GX6CHAIT 154 AABS849,803.73 1.991.910.29851,018.98852,234.26854,443.75848,588.54847,373.38844,943.20166764AR1CHEVRON CORPCORP199,964.53 3.002.020.13200,096.86200,227.92200,486.19199,830.91199,696.01199,422.3817305EGB5CCCIT 17A3 A3ABS399,978.52 2.211.920.27400,508.50401,038.50402,009.52399,448.56398,918.62397,858.7917325FAN8CITIBANK NACORP702,106.17 2.791.810.25702,980.33703,854.56705,272.71701,232.09700,358.07698,610.2524422ETZ2JOHN DEERE CAPITAL CORPCORP703,778.82 2.661.811.00707,283.77710,788.99716,453.97700,274.14696,769.71689,761.6630229AA66Exxon Mobil CorporationCP999,724.83 1.651.670.02999,819.80999,914.781,000,041.85999,629.86999,534.88999,344.93Shock AnalysisUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 90 Identifier,DescriptionSecurity TypeBase Market Value Book Yield,YieldDuration -50 Basis Point Shock,-100 Basis Point Shock,-200 Basis Point Shock50 Basis Point Shock,100 Basis Point Shock,200 Basis Point Shock313312N30FEDERAL FARM CREDIT BANKSAGCY DISC987,037.78 1.621.530.84991,173.60995,309.70999,694.26982,902.23978,766.95970,497.20313312N97FEDERAL FARM CREDIT BANKSAGCY DISC986,784.44 1.621.530.85990,998.16995,212.17999,687.78982,571.02978,357.89969,932.53313312SD3FEDERAL FARM CREDIT BANKSAGCY DISC999,119.17 1.581.380.06999,428.90999,738.62999,974.02998,809.44998,499.72997,880.26313370US5FEDERAL HOME LOAN BANKSAGCY BOND1,007,260.65 2.511.810.681,010,700.551,014,140.641,019,707.151,003,820.961,000,381.46993,503.08313378JP7FEDERAL HOME LOAN BANKSAGCY BOND1,012,952.77 1.661.591.651,021,284.761,029,617.671,039,485.001,004,621.69996,291.52979,633.92313384UN7FEDERAL HOME LOAN BANKSAGCY DISC996,620.00 1.591.530.22997,701.36998,782.77999,920.46995,538.69994,457.43992,295.073133EKR73FEDERAL FARM CREDIT BANKS FUNDING CORPAGCY BOND999,451.25 1.961.720.191,000,420.781,001,390.441,002,781.14998,481.84997,512.56995,574.383135G0D75FEDERAL NATIONAL MORTGAGE ASSOCIATIONAGCY BOND999,297.11 2.001.640.471,001,655.511,004,014.041,007,028.42996,938.83994,580.68989,864.74369550BA5GENERAL DYNAMICS CORPCORP752,599.99 2.761.890.36753,943.41755,286.89757,667.67751,256.63749,913.33747,226.88376087FW7GILROY CALIF UNI SCH DISTMUNI499,105.00 1.721.801.55502,985.74506,866.88513,100.83495,224.66491,344.72483,586.0338346LC20Gotham Funding CorporationCP996,722.61 1.841.910.17997,559.87998,397.15999,919.40995,885.38995,048.17993,373.8243815HAB3HAROT 183 A2ABS142,113.51 2.661.900.12142,196.65142,279.79142,429.29142,030.38141,947.24141,780.994581X0CD8INTER-AMERICAN DEVELOPMENT BANKSUPRANATIONAL1,003,336.18 1.721.720.841,007,575.411,011,814.921,017,954.22999,097.22994,858.54986,382.0145866FAC8INTERCONTINENTAL EXCHANGE INCCORP755,062.50 1.911.920.82758,177.23761,292.14767,005.39751,947.96748,833.61742,605.48459058FA6INTERNATIONAL BANK FOR RECONSTRUCTION ANDDEVELOPMSUPRANATIONAL999,040.79 1.991.750.241,000,259.641,001,478.551,003,316.75997,821.99996,603.23994,165.8745905UV43INTERNATIONAL BANK FOR RECONSTRUCTION ANDDEVELOPMSUPRANATIONAL1,000,011.13 1.781.740.051,000,241.131,000,471.141,000,812.46999,781.13999,551.12999,091.12Shock AnalysisUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 91 Identifier,DescriptionSecurity TypeBase Market Value Book Yield,YieldDuration -50 Basis Point Shock,-100 Basis Point Shock,-200 Basis Point Shock50 Basis Point Shock,100 Basis Point Shock,200 Basis Point Shock48125LRK0JPMORGAN CHASE BANK NACORP750,396.05 2.471.780.09750,741.24751,086.45751,623.63750,050.87749,705.72749,015.4750000DAD8Koch Industries, Inc.CP799,555.40 1.731.540.04799,695.32799,835.24799,986.64799,415.48799,275.56798,995.7153127TCC5Liberty Street Funding LLCCP747,243.00 1.871.840.20747,971.57748,700.16749,931.52746,514.45745,785.91744,328.9058772RAB0MBART 181 A2AABS111,154.79 2.731.970.11111,217.04111,279.29111,400.19111,092.55111,030.31110,905.8358772TAC4MBALT 19A A3ABS504,521.35 2.081.960.79506,501.67508,482.12512,296.87502,541.17500,561.13496,601.47637432MU6NATIONAL RURAL UTILITIES COOP FINANCE CORPCORP701,039.93 2.531.930.37702,340.21703,640.19706,059.96699,739.35698,438.47695,835.8363763PBA6National Securities Clearing CorporationCP698,643.13 1.761.750.11699,030.88699,418.66699,998.80698,255.39697,867.67697,092.2865478GAD2NAROT 17B A3ABS446,233.57 3.291.970.42447,181.84448,130.15449,970.00445,285.34444,337.16442,440.9469353RFD5PNC BANK NACORP680,709.82 2.131.830.13681,162.51681,615.23682,363.20680,257.16679,804.54678,899.4069371RM78PACCAR INCCORP702,642.08 2.481.870.61704,778.17706,914.39710,648.79700,506.11698,370.26694,098.9471708EAG0Pfizer Inc.CP999,308.89 1.791.560.04999,523.74999,738.59999,977.51999,094.04998,879.19998,449.48796720MC1SAN BERNARDINO CALIF CMNTY COLLEGE DISTMUNI749,797.50 1.761.780.58751,968.22754,139.05757,534.46747,626.89745,456.40741,115.74808513AV7CHARLES SCHWAB CORPCORP700,613.19 2.151.960.10700,981.09701,349.15702,057.00700,245.45699,877.86699,143.17857477AS2STATE STREET CORPCORP702,789.68 2.611.900.62704,964.87707,140.19711,060.42700,614.60698,439.65694,090.1288602TC43Thunder Bay Funding, LLCCP996,816.00 1.851.800.17997,678.26998,540.54999,915.07995,953.77995,091.56993,367.2289231AAD3TAOT 18C A3ABS811,845.20 2.091.661.07816,188.75820,532.67826,241.14807,502.01803,159.19794,474.64Shock AnalysisUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 92 Identifier,DescriptionSecurity TypeBase Market Value Book Yield,YieldDuration -50 Basis Point Shock,-100 Basis Point Shock,-200 Basis Point Shock50 Basis Point Shock,100 Basis Point Shock,200 Basis Point Shock89236TCZ6TOYOTA MOTOR CREDIT CORPCORP500,691.33 1.781.781.24503,803.26506,915.47511,802.20497,579.67494,468.29488,246.359128285G1UNITED STATES TREASURYUS GOV1,009,961.00 1.721.660.821,014,101.981,018,243.241,023,734.971,005,820.301,001,679.88993,399.869128286D7UNITED STATES TREASURYUS GOV504,883.00 2.351.651.14507,753.38510,624.00514,327.45502,012.86499,142.96493,403.88912828C57UNITED STATES TREASURYUS GOV1,007,617.00 1.841.631.221,013,763.731,019,910.991,027,657.281,001,470.80995,325.13983,035.38912828L99UNITED STATES TREASURYUS GOV997,695.00 1.611.650.821,001,800.651,005,906.581,011,277.54993,589.62989,484.52981,275.14912828Q78UNITED STATES TREASURYUS GOV996,953.00 1.631.611.311,003,473.371,009,994.341,017,911.60990,433.23983,914.05970,877.49912828S27UNITED STATES TREASURYUS GOV993,008.00 1.631.601.481,000,336.761,007,666.241,016,447.90985,679.96978,352.64963,700.16912828XM7UNITED STATES TREASURYUS GOV499,980.50 2.371.630.57501,412.98502,845.54504,653.53498,548.09497,115.76494,251.3292348XAB1VZOT 18A A1BABS799,683.68 2.031.870.12800,151.50800,619.35801,433.45799,215.88798,748.09797,812.5892826CAB8VISA INCCORP677,688.35 2.561.720.87680,622.79683,557.33687,783.25674,754.01671,819.77665,951.6092868LAB7VALET 181 A2AABS245,350.53 2.832.000.23245,630.24245,909.95246,469.43245,070.84244,791.16244,231.83931142EF6WALMART INCCORP699,966.22 2.001.880.22700,732.70701,499.21702,846.83699,199.77698,433.36696,900.6594975P405WELLSFARGO:GOVT MM IMMFUND322,984.10 1.501.500.00322,984.11322,984.15322,984.21322,984.11322,984.15322,984.29CCYUSDReceivableCASH1,372.88 0.000.000.001,372.881,372.881,372.881,372.881,372.881,372.88CCYUSDCashCASH1.05 0.000.000.001.051.051.051.051.051.05Shock AnalysisUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 93 * Weighted by: Ending Base Market Value + Accrued, except Book Yield by Base Book Value + Accrued. *The shock analysis includes a yield floor of 0.Identifier,DescriptionSecurity TypeBase Market Value Book Yield,YieldDuration -50 Basis Point Shock,-100 Basis Point Shock,-200 Basis Point Shock50 Basis Point Shock,100 Basis Point Shock,200 Basis Point Shock---------44,437,703.54 2.031.760.5344,555,970.9544,674,244.6844,847,279.1244,319,442.4244,201,187.6143,964,696.92Shock AnalysisUS Dollar01 October 2019 to 31 December 2019WC-Contra Costa CountyAccount: XXX235Investment Strategy: Short Duration Fixed IncomePrimary Benchmark: ICE BofA US 6-Month Treasury Bill Index`The information contained in this report represents estimated trade date investment calculations. Certain calculations may not be available for all time periods. Please refer to your custody statement for official portfolio holdings andtransactions. Note that certain accounting methods may cause differences between this investment report and your custody statement.Wells Fargo Asset Management |Page 94 CalTRUST c/o Ultimus Fund Solutions PO Box 541150 Omaha, NE 68154-9150 www.caltrust.org Email: CalTRUSTSupport@ultimusfundsolutions.com Fax: 402-963-9094 Phone: 833-CALTRUST (225-8787) Please note that this information should not be construed as tax advice and it is recommended that you consult with a tax professional regarding your account. Investment Account Summary 12/01/2019 through 12/31/2019 Page 1 of 2 0000004-0000007 PDFT 854311 SUMMARY OF INVESTMENTS Fund Account Number Total Shares Owned Net Asset Value per Share on Dec 31 ($) Value on Dec 31 ($) Average Cost Amount ($) Cumulative Unrealized Gain/(Loss) ($) CONTRA COSTA COUNTY 20100000410 CalTRUST Liquidity Fund 20100000410 122,610,805.750 1.00 122,610,805.75 122,610,805.75 0.00 Portfolios Total value as of 12/31/2019 122,610,805.75 DETAIL OF TRANSACTION ACTIVITY Activity Description Activity Date Amount ($) Amount in Shares Balance in Shares Price per Share ($) Balance ($) Average Cost Amt ($) Realized Gain/(Loss) ($) CalTRUST Liquidity Fund CONTRA COSTA COUNTY Account Number: 20100000410 Beginning Balance 12/01/2019 97,610,805.750 1.00 97,610,805.75 Purchase 12/06/2019 30,000,000.00 30,000,000.000 127,610,805.750 1.00 127,610,805.75 0.00 0.00 Redemption 12/17/2019 10,000,000.00 10,000,000.000 117,610,805.750 1.00 117,610,805.75 10,000,000.00 0.00 Redemption 12/17/2019 10,000,000.00 10,000,000.000 107,610,805.750 1.00 107,610,805.75 10,000,000.00 0.00 Redemption 12/20/2019 30,000,000.00 30,000,000.000 77,610,805.750 1.00 77,610,805.75 30,000,000.00 0.00 Redemption 12/23/2019 30,000,000.00 30,000,000.000 47,610,805.750 1.00 47,610,805.75 30,000,000.00 0.00 Purchase 12/24/2019 40,000,000.00 40,000,000.000 87,610,805.750 1.00 87,610,805.75 0.00 0.00 Purchase 12/26/2019 35,000,000.00 35,000,000.000 122,610,805.750 1.00 122,610,805.75 0.00 0.00 Accrual Income Div Cash 12/31/2019 158,513.03 0.000 122,610,805.750 1.00 122,610,805.75 0.00 0.00 Unrealized Gain/(Loss)0.00 Closing Balance as of Dec 31 122,610,805.750 1.00 122,610,805.75 Page 95 December 31, 2019CalTRUST LiquidityBofAML 3-Month US Treasury Bill IndexCalTRUST Liquidity ReturnBofAML 3-Month US Treasury Bill IndexNet Assets$334,161,397.50 N/A One Month 0.15% 0.14%NAV per Share$1.00 N/A Three Month 0.46% 0.46%30 Day SEC Yield 1.68% N/A Six Month 1.03% 1.02%Period Net Total Return 0.15% 0.14% One Year* 2.28% 2.28%Effective Duration 0.10 yrs 0.25 yrs Two Year* NA NAWeighted Average Maturity 35 days N/AThree Year*NA NAWeighted Average Life 65 days N/AFive Year*NA NATen Year*NA NASince Inception*2.22% 2.23%*AnnualizedCalTRUST Historical Liquidity 30 day SEC Yield12/19 1.65%11/19 1.75%10/19 1.92%9/19 2.21%8/19 2.17%7/19 2.37%6/19 2.38%5/19 2.47%4/19 2.48%3/19 2.53%2/19 2.51%1/19 2.50%Rated AAAm by S&P Global RatingsCalTRUST Liquidity FundMonth End Portfolio StatisticsPortfolio Sector BreakdownBOND - 6.06%MONEY MARKET FUNDS - 4.33%U.S. GOVERNMENT - 3.89%COMMERCIAL PAPER - 21.37%CERTIFICATE OF DEPOSIT - 25.46%REPURCHASE AGREEMENTS - 38.89%Page 96 Account Select Balance Activity General Information Audit Documents Statements Bank Information Fund Yield and NAV History Holdings Assets by Fund Transactions Online Purchase Online Redemption Online Transfer Transaction Request Form Pending Trades User Maintenance Change Password Account Number: 20100000410 Account Name: CONTRA COSTA COUNTY Log Out Holdings Data Fund :CalTRUST Liquidity Fund  As Of Date :12/31/2019 Options Requery Export Holdings CUSIP Description Fitch Rating 12/31/2019 Moodys 12/31/2019 Mat. Date Years Shares Price Value 02665WCW9 HNDA FLOAT 05/13/20 A2 05/13/2020 0.1 3,000,000.00 100.0000 $3,000,000.00 05253JAT8 ANZ 2 1/4 11/09/20 AA- Aa3 11/09/2020 0.9 2,000,000.00 100.2724 $2,005,448.53 06050TMQ2 BANK OF AMERICA NA 10/06/2020 0.0 1,000,000.00 100.0000 $1,000,000.00 06370R6Z7 BMO FLOAT 11/18/20 11/18/2020 0.1 2,000,000.00 100.0000 $2,000,000.00 06370RS26 BMO FLOAT 07/13/20 07/13/2020 0.0 3,000,000.00 100.0000 $3,000,000.00 06417GU22 BNS 3.08 06/05/20 06/05/2020 0.4 2,500,000.00 100.4671 $2,511,678.20 06417MAD7 BNS FLOAT 04/09/20 04/09/2020 0.0 3,000,000.00 100.0000 $3,000,000.00 06417MEU5 BNS FLOAT 08/17/20 08/17/2020 0.0 2,500,000.00 100.0000 $2,500,000.00 06417MFB6 BNS FLOAT 08/20/20 08/20/2020 0.1 1,500,000.00 100.0000 $1,500,000.00 07644ABK9 BEDFORD ROW FDG CORP CP 02/19/2020 0.1 2,000,000.00 99.7278 $1,994,555.55 09248U700 BLACKROCK LIQ FDS FEDFUND 0 0.0 14,471,534.65 100.0000 $14,471,534.65 13738JD23 CANCARA ASSET SECURITIZAT 04/02/2020 0.3 5,000,000.00 99.5119 $4,975,594.44 14913Q2Y4 CAT FLOAT 06/19/20 A A3 06/19/2020 0.2 1,500,000.00 99.9825 $1,499,738.13 15963RBD4 CHARIOT FUNDING LLC 02/05/2020 0.0 4,500,000.00 100.0014 $4,500,061.42 17325FAE8 C 2.1 06/12/20 A+ Aa3 06/12/2020 0.4 4,000,000.00 99.9438 $3,997,751.92 20271RAK6 CBAAU 2.3 03/12/20 AA- Aa3 03/12/2020 0.2 4,776,000.00 99.9234 $4,772,343.91 21684L4M1 RABOBK FLOAT 05/08/20 05/08/2020 0.0 2,500,000.00 100.0000 $2,500,000.00 22536UXY1 CREDIT INDUSTRIEL ET CD 05/04/2020 0.3 4,000,000.00 100.0000 $4,000,000.00 22536UYG9 CICFP FLOAT 08/20/20 08/20/2020 0.1 2,500,000.00 100.0000 $2,500,000.00 22845ALV0 PP9W6XZF M-MKT 02/03/2020 0.1 2,000,000.00 100.0000 $2,000,000.00 22845ANU0 CPSERA CPIB 0 08/28/20 08/28/2020 0.1 3,500,000.00 100.0000 $3,500,000.00 48803MPC7 KELLS FUNDING LLC: CP 03/05/2020 0.2 3,000,000.00 99.6373 $2,989,120.00 48803NDL8 02/05/2020 0.1 4,000,000.00 99.8133 $3,992,533.34 Page 97 CUSIP Description Fitch Rating 12/31/2019 Moodys 12/31/2019 Mat. Date Years Shares Price Value KELLS 0 02/05/2020 51500VFY0 LANDESBANK HESSEN-THURING 01/23/2020 0.1 4,000,000.00 100.0204 $4,000,814.56 55379WP91 MUFG FLOAT 05/29/20 05/29/2020 0.1 2,000,000.00 100.0000 $2,000,000.00 55379WZM1 MUFG FLOAT 02/24/20 02/24/2020 0.2 1,200,000.00 100.0000 $1,200,000.00 59157TBM4 METLIFE SHORT TERM FDG CP 02/21/2020 0.1 2,000,000.00 99.7167 $1,994,333.33 59157TF81 METLIFE SHORT TERM FDG LL 06/08/2020 0.4 4,000,000.00 99.1829 $3,967,316.67 60689FBE7 MIZUHO CORP BK 0% CP 02/14/2020 0.1 2,000,000.00 99.7690 $1,995,380.00 60710AAP7 MIZUHO NY CD 2.31 3/6/20 03/06/2020 0.2 2,000,000.00 100.0378 $2,000,756.04 60710AG30 MIZUHO BK LTD NEW YORK BR 04/30/2020 0.3 4,200,000.00 100.0152 $4,200,637.42 60710AG48 MIZUHO BK LTD NEW YORK BR 05/01/2020 0.3 2,200,000.00 100.0061 $2,200,133.84 6117P4AD2 MONT BLANC CAP CORP 0% CP 01/13/2020 0.0 5,000,000.00 99.9333 $4,996,666.67 62479LAM7 MUFG BK LTD N Y BRH DISC 01/21/2020 0.1 3,000,000.00 99.8561 $2,995,683.33 62479LBM6 MUFG BK LTD N Y BHR DISC 02/21/2020 0.1 5,000,000.00 99.6458 $4,982,291.67 63763PF87 NATL SEC CLEARING CORP CP 06/08/2020 0.4 2,000,000.00 99.1873 $1,983,746.66 63873NR37 NATIXIS NEW YORK BRANCH 04/03/2020 0.3 3,000,000.00 100.0000 $3,000,000.00 63873NZ38 KNFP FLOAT 06/05/20 CORP 06/05/2020 0.0 2,000,000.00 100.0000 $2,000,000.00 65409RC40 NIEUW AMSTERDAM RECEIV CP 03/04/2020 0.2 4,000,000.00 99.6763 $3,987,050.00 65558TMA0 NORDEA BK CD 2.06 3/18/20 03/18/2020 0.2 4,000,000.00 100.0374 $4,001,494.63 65558TRF4 NDASS FLOAT 09/10/20 09/10/2020 0.2 1,000,000.00 100.0000 $1,000,000.00 65602VTF3 NORBK 1.94 04/29/20 04/29/2020 0.3 4,000,000.00 100.0000 $4,000,000.00 69033MLD7 OVERSEA CHINESE BKG LTD C 01/22/2020 0.1 3,000,000.00 100.0032 $3,000,096.04 76582EDU6 RFAONE CPIB 0 06/10/20 06/10/2020 0.0 4,500,000.00 100.0000 $4,500,000.00 76582JD68 RIDGEFIELD FDG CO LLC CP 04/06/2020 0.3 3,000,000.00 99.4933 $2,984,800.00 82124LA77 SHEFFIELD RECEIVABLES CP 01/07/2020 0.0 2,080,000.00 99.9700 $2,079,376.00 82124LAA0 SRCPP 0.00 1/10/20 01/10/2020 0.0 4,000,000.00 99.9495 $3,997,980.00 83050PDC0 SKANDINAVISKA ENSKILDA CD 08/19/2020 0.1 3,000,000.00 100.0000 $3,000,000.00 83050PEY1 SKANDINAVISKA ENSKILDA CD 10/16/2020 0.8 2,500,000.00 100.0000 $2,500,000.00 85325T5N1 STAN 2.26% 1/15/20 01/15/2020 0.0 2,000,000.00 100.0067 $2,000,133.52 86564FWT6 SUMITR FLOAT 05/18/20 05/18/2020 0.1 2,000,000.00 100.0000 $2,000,000.00 86565B2E0 05/01/2020 0.0 2,500,000.00 100.0000 $2,500,000.00 Page 98 CUSIP Description Fitch Rating 12/31/2019 Moodys 12/31/2019 Mat. Date Years Shares Price Value SUMIBK FLOAT 05/01/20 86565BJ85 SUMIBK FLOAT 03/09/20 03/09/2020 0.0 2,000,000.00 100.0000 $2,000,000.00 86565BM81 SUMIBK FLOAT 02/24/20 02/24/2020 0.1 1,500,000.00 100.0000 $1,500,000.00 86565BX97 SUMITOMO MITSUI BANKING 04/23/2020 0.3 2,500,000.00 100.0000 $2,500,000.00 86959RCR9 SHBASS FLOAT 10/15/20 10/15/2020 0.0 2,000,000.00 100.0000 $2,000,000.00 88602TAT0 THUNDER BAY FDG LLC 0% CP 01/27/2020 0.1 1,000,000.00 99.8426 $998,425.56 88602TB36 THUNDER BAY FDG LLC 0% CP 02/03/2020 0.1 1,000,000.00 99.8075 $998,075.00 89114M2D8 TD FLOAT 07/10/20 07/10/2020 0.0 1,500,000.00 100.0000 $1,500,000.00 89114M2P1 TD FLOAT 07/16/20 07/16/2020 0.0 2,500,000.00 100.0000 $2,500,000.00 89114M3K1 TORONTO- DOMINION BANK CD 07/29/2020 0.6 2,000,000.00 100.0000 $2,000,000.00 89114N5K7 TD FLOAT 9/28/2020 09/28/2020 0.2 1,500,000.00 100.0000 $1,500,000.00 89114NDQ5 TORONTO DOMINION BANK NY 03/17/2020 0.2 2,000,000.00 100.0000 $2,000,000.00 89114NEN1 TD 1.90% 04/30/20 04/30/2020 0.3 2,000,000.00 100.0165 $2,000,330.62 89233AW54 TOYOTA MOTOR CREDIT CORP 01/07/2020 0.0 2,500,000.00 100.0000 $2,500,000.00 90261XHK1 UBS 2.35 03/26/20 AA- Aa3 03/26/2020 0.2 3,000,000.00 99.9184 $2,997,552.20 912796WP0 B 0 01/21/20 F1 01/21/2020 0.1 12,000,000.00 99.9146 $11,989,749.70 9128287G9 TF FLOAT 07/31/21 Aaa 07/31/2021 0.0 1,000,000.00 99.9711 $999,711.26 96130AEQ7 WSTP FLOAT 12/06/20 12/09/2020 0.2 1,000,000.00 100.0000 $1,000,000.00 BOFAREP 12/31/2019 BOFA 1.53 31-DEC- 2019 12/31/2019 0.0 0.00 0.0000 $0.00 BOFAREP 01/02/2020 BOFA 1.57 02-JAN- 2020 01/02/2020 0.0 37,000,000.00 100.0000 $37,000,000.00 CITREP 12/31/2019 CGI 1.53 31-DEC- 2019 12/31/2019 0.0 0.00 0.0000 $0.00 CITREP 01/02/2020 CGI 1.57 02-JAN- 2020 01/02/2020 0.0 40,000,000.00 100.0000 $40,000,000.00 MIZREP 12/31/2019 MIZ 1.54 31-DEC- 2019 12/31/2019 0.0 0.00 0.0000 $0.00 MIZREP 01/02/2020 MIZ 1.57 02-JAN- 2020 01/02/2020 0.0 20,000,000.00 100.0000 $20,000,000.00 TDSREP 12/30/2019 TDS 1.52 30-DEC- 2019 12/30/2019 0.0 0.00 0.0000 $0.00 TDSREP 12/31/2019 TDS 1.53 31-DEC- 2019 12/31/2019 0.0 0.00 0.0000 $0.00 TDSREP 01/02/2020 TDS 1.57 02-JAN- 2020 01/02/2020 0.0 33,000,000.00 100.0000 $33,000,000.00 USD US DOLLARS 0 0.0 0.00 1.0000 $0.00 If you have any questions regarding your account please contact Shareholder Services at: 833-CAL-TRUST (833-225-8787) Page 99 00- -M -PF-PC -001-01 4807 Page 1 of 5 E-mail david.jason@usbank.com WEST CONTRA COSTA HEALTHCARE DISTRICT DEPOSIT ACCOUNT 2019 DEPOSIT ACCOUNT WEST CONTRA COSTA HEALTHCARE DIST ATTN KATHY WHITE CONSULTANT 2200 SAN PABLO AVE STE 201 PINOLE CA 94564-1786 If you have any questions regarding your account or this statement, please contact your Account Manager or Analyst. SF-CA-SFCT 1 CALIFORNIA ST SUITE 1000 SAN FRANCISCO CA 94111 JEFFREY BACKSTROM 0381315-00-01327-01 This statement is for the period from December 1, 2019 to December 31, 2019 Account Manager: DAVID JASON Phone 415-677-3622 Analyst: Phone 651-466-6167 ACCOUNT NUMBER: 229842000 QUESTIONS? FAFADDAADFTADTADFTAFDTFAATTDDFDADTDDTFADAFFTAAAATAADADAFTDADFFTFF 000002812 02 SP 000638319658535 P Page 100 1010101010101010101010101000110011010011101001100000100000101001001101101011110110011010001001000110100101011000001110011010000100010010000010010110110110001011110011000010011001001101101001010101010110000000101111000000101010011100111000111000001100110111000010100000101011000011100010011001001100001001110001011100101110100100010110011000110000111101001101011000101000111010101011111111111111111111 Contributions 5,400,000.00 00- -M -PF-PC -001-01 00480701 4807 Page 2 of 5 WEST CONTRA COSTA HEALTHCARE DISTRICT DEPOSIT ACCOUNT 2019 DEPOSIT ACCOUNT Current Period 12/01/19 to 12/31/19 Beginning Market Value $0.00 Adjusted Market Value $5,400,000.00 Ending Market Value $5,400,000.00 0381315-00-01327-01 This statement is for the period from December 1, 2019 to December 31, 2019 ACCOUNT NUMBER: 229842000 MARKET VALUE SUMMARY Page 101 5,400,000.000 US Bank Mmkt 5 - Ct 5,400,000.00 5,400,000.00 100.0 8,100.00 9AMMF05B2 1.0000 1.00 .15 Time of trade execution and trading party (if not disclosed) will be provided upon request. Publicly traded assets are valued in accordance with market quotations or valuation methodologies from financial industry services believed by us to be reliable. Assets that are not publicly traded may be reflected at values from other external sources. Assets for which a current value is not available may be reflected at a previous value or as not valued, at par value, or at a nominal value. Values shown do not necessarily reflect prices at which assets could be bought or sold. Values are updated based on internal policy and may be updated less frequently than statement generation. For further information, please contact your Analyst. Yield at Market and Estimated Annual Income are estimates provided for informational purposes only and should not be relied on for making investment, trading, or tax decisions. The estimates may not represent the actual value earned by your investments and they provide no guarantee of what your investments may earn in the future. 100.0 $8,100.00 $5,400,000.00 $5,400,000.00 100.0 $8,100.00 $5,400,000.00 $5,400,000.00 00- -M -PF-PC -001-01 00480701 4807 Page 3 of 5 Security Description WEST CONTRA COSTA HEALTHCARE DISTRICT DEPOSIT ACCOUNT 2019 DEPOSIT ACCOUNT Shares or Market Value/ Tax Cost/ % of Total Face Amount Est Ann IncPriceUnit Cost Yield at Market 0381315-00-01327-01 This statement is for the period from December 1, 2019 to December 31, 2019 Cash Equivalents Total Cash Equivalents ACCOUNT NUMBER: 229842000 Total Assets ASSET DETAIL AS OF 12/31/19 ASSET DETAIL MESSAGES Page 102 1010101010101010101010101000110010010011101001100000100000101001001101100000010110011010001001010110100101010100010011011010000100010110010010010110110010100111110011000010000010001101101000001101010110000000110100000000101010001101000110111000001111110111110010100000110000011011100010101010101011001000111000100110000110110110100001000000110011011101001111011000100100111000101011111111111111111111 Cash Receipts 5,400,000.00 5,400,000.00 Net Money Market Activity - 5,400,000.00 - 5,400,000.00 00- -M -PF-PC -001-01 00480701 4807 Page 4 of 5 WEST CONTRA COSTA HEALTHCARE DISTRICT DEPOSIT ACCOUNT 2019 DEPOSIT ACCOUNT Income Principal Total Cash Cash Cash Beginning Cash Balance as of 12/01/2019 $.00 $.00 $.00 Ending Cash Balance as of 12/31/2019 $0.00 $0.00 $0.00 0381315-00-01327-01 This statement is for the period from December 1, 2019 to December 31, 2019 ACCOUNT NUMBER: 229842000 CASH SUMMARY Page 103 12/23/19 Cash Receipt 5,400,000.00 Receipt Of Funds Fed Ref #019890 Wells Sf Obi=west Contra Costa Healthcare Dist Attn David J Ason 415 677 3622 Bnf=west Contra Costa Deposit Ac Dxugald 12/23/19 Purchased 5,400,000 Units Of - 5,400,000.00 5,400,000.00 US Bank Mmkt 5 - Ct Trade Date 12/23/19 9AMMF05B2 00- -M -PF-PC -001-01 00480701 4807 Page 5 of 5 Beginning Balance 12/01/2019 $.00 $.00 $0.00 WEST CONTRA COSTA HEALTHCARE DISTRICT DEPOSIT ACCOUNT 2019 DEPOSIT ACCOUNT Date Income Principal Tax Posted Description Cash Cash Cost Ending Balance 12/31/2019 $0.00 $0.00 $5,400,000.00 0381315-00-01327-01 This statement is for the period from December 1, 2019 to December 31, 2019 ACCOUNT NUMBER: 229842000 TRANSACTION DETAIL Page 104 SECTION III APPENDIX B. INVESTMENT PORTFOLIO DETAIL – MANAGED BY OUTSIDE CONTRACTED PARTIES B. 6. EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (EBRCS) EBRCS TRANSACTIONS* For the Quarter Ending December 31, 2019 FY 2019-2020 FUND BALANCE @ TJ/Date TJ/Date TJ/Date TJ/Date TJ/Date TJ/Date BALANCE @ NUMBER 09/30/19 12/31/19 100300 1,602,439.52 1,602,439.52 TOTALS 1,602,439.52 0.00 0.00 0.00 0.00 0.00 0.00 1,602,439.52 * East Bay Regional Communications System Authority Page 105 EXHIBITS Exhibit ICONTRA COSTA COUNTY Portfolio Summary Report AS OF DECEMBER 31, 2019 Portfolio Characteristics Par $3,793,643,291.38 Cost $3,781,249,025.66 Market Value $3,794,745,338.01 Weighted Yield to Maturity 1.94% Weighted Average Days to Maturity 221 Weighted Duration 0.58 yr Portfolio Breakdown by Investment Investments Par Value Percent of Total U.S. Treasuries $93,093,000.00 2.45% U.S.Agencies 723,172,000.00 19.06% Supranationals 315,000,000.00 8.30% Money Market 1,809,915,397.22 47.71% Corporate Notes 329,761,000.00 8.69% PFM 88,351,075.92 2.33% LAIF 257,611,444.13 6.79% Wells Cap 44,400,996.10 1.17% CalTRUST 122,610,805.75 3.23% US Bank 5,400,000.00 0.14% Other 1,602,439.52 0.04% Cash 2,725,132.74 0.07%**TOTAL*$3,793,643,291.38 100.00% Maturity Distribution Time Par Value Percent of Total Less 1 yr $3,106,861,131.11 81.90% 1 to 2 yrs 288,040,830.27 7.59% 2 to 3 yrs 236,762,108.72 6.24% 3 to 4 yrs 83,902,253.30 2.21% 4+ yrs 78,076,967.98 2.06%**TOTAL*$3,793,643,291.38 100.00% * Does not include the Futuris Public Entity Trust of the Contra Costa Community College District Retirement Board of Authority ** May or may not total to 100% due to rounding U.S. Treasuries 2.45% U.S.Agencies 19.06% Supranationals 8.30% Money Market 47.71% Corporate Notes 8.69%PFM 2.33% LAIF 6.79% Wells Cap 1.17% CalTRUST 3.23% US Bank 0.14% Other 0.04% Cash 0.07% PORTFOLIO BREAKDOWN BY INVESTMENT Less 1 yr 81.90% 1 to 2 yrs 7.59%2 to 3 yrs 6.24%3 to 4 yrs 2.21% 4+ yrs 2.06% MATURITY DISTRIBUTION Exhibit II CONTRA COSTA COUNTY INVESTMENT POOL PERFORMANCE SUMMARY AS OF DECEMBER 31, 2019 AVERAGE DAYS TO 3 PERCENT OF MATURITY AT PAR PORTFOLIO YTM END-OF-QUARTER DURATION ($)(%)(%)(day)(year) A. Investments Managed by Treasurer's Office1 $3,270,941,397.22 86.26%1.9332%234 0.63 2 B. Investments Managed by Outside Contractors3 1. PFM $88,351,075.92 2.33%2.3110%681 1.50 2 2. Local Agency Investment Fund $257,611,444.13 6.79%2.1100%1 0.00 3. Wells Capital Management $44,400,996.10 1.17%1.9800%299 0.53 4 4. CalTRUST Liquidity Fund $122,610,805.75 3.23%1.6800%5 0 0.00 5. US Bank (Federated Tax Free Cash Fund)$5,400,000.00 0.14%N/A N/A N/A C. Cash $2,725,132.74 0.07%1.71%6 0 0.00 3 Yield to Maturity on Portfolio at End-of-Quarter = 1.94% 3 Weighted Average Days to Maturity on Portfolio at End-of-Quarter = 221 3 Weighted Duration (yr) at End-of-Quarter =0.58 1. Excludes the funds managed by PFM. 2. Data is provided by FIS. 3. Excludes: Section B.6.a (EBRCS Bond) of the Investment Pool summary report and Futuris Public Entity Trust. 4. Data provided by Wells Capital Management. 5. 30 day SEC Yield. 6. Wells Fargo Bank Average Earnings Credit Rate on Investable Balance for the quarter. LAIF and CalTRUST Short Term Fund are subject to a one day call of principal provision. CalTRUST Liquidity Fund provides a same day liquidity provision. WEIGHTED Exhibit III CONTRA COSTA COUNTY INVESTMENT POOL As of December 31, 2019 As of September 30, 2020 CHANGE IN VALUE TYPE PAR VALUE PAR VALUE FROM PREV. QTR.% CHANGE A. Investments Managed by Treasurer's Office 1. U.S. Treasuries (STRIPS, Bills, Notes)$93,093,000.00 $2,670,000.00 $90,423,000.00 3386.63% 2. U.S. Agencies Federal Home Loan Banks 334,570,000.00 182,832,000.00 151,738,000.00 82.99% Federal National Mortgage Association 102,639,000.00 42,639,000.00 60,000,000.00 140.72% Federal Farm Credit Banks 134,682,000.00 109,682,000.00 25,000,000.00 22.79% Federal Home Loan Mortgage Corporation 151,281,000.00 74,231,000.00 77,050,000.00 103.80% Subtotal 723,172,000.00 409,384,000.00 313,788,000.00 76.65% 3. Supranationals 315,000,000.00 226,400,000.00 88,600,000.00 28.13% 4. Money Market Instruments Commercial Paper 1,049,912,000.00 874,496,000.00 175,416,000.00 20.06% Negotiable Certificates of Deposit 760,000,000.00 513,010,000.00 246,990,000.00 48.15% Time Deposit 3,397.22 3,397.22 0.00 0.00% Subtotal 1,809,915,397.22 1,387,509,397.22 422,406,000.00 30.44% 5. Corporate Notes 329,761,000.00 385,291,000.00 (55,530,000.00)-14.41% TOTAL (Section A)3,270,941,397.22 2,411,254,397.22 859,687,000.00 35.65% B. Investments Managed by Outside Contractors 1. PFM 88,351,075.92 103,361,749.55 (15,010,673.63)-14.52% 2. Local Agency Investment Fund 257,611,444.13 228,542,891.27 29,068,552.86 12.72% 3. Wells Capital Management 44,400,996.10 44,385,207.72 15,788.38 0.04% 4. CalTRUST (Liquidity Fund)122,610,805.75 102,610,805.75 20,000,000.00 19.49% 5. US Bank (Federated Tax Free Cash)5,400,000.00 0.00 5,400,000.00 0.00% 6. Other a. EBRCS Bond 1,602,439.52 1,602,439.52 0.00 0.00% TOTAL (Section B)519,976,761.42 480,503,093.81 39,473,667.61 8.22% C. Cash 2,725,132.74 95,292,010.04 (92,566,877.30)-97.14% * GRAND TOTAL (FOR A , B, & C)$3,793,643,291.38 $2,987,049,501.07 $806,593,790.31 27.00% * Excludes the Futuris Public Entity Trust of the Contra Costa Community College District Retirement Board of Authority CONTRA COSTA INVESTMENT POOL INVESTMENTS MANAGED BY TREASURER'S OFFICE QUARTERLY COUPON RATES, YIELD TO MATURITY Exhibit IV Source: All data is calculated by FIS.Excludes funds managed by PFM beginging 9/2018 Quarter Ending Fiscal Year September December March June 2019/20 Coupon Rate 2.1446%1.8751% Yield to Maturity 2.2526%1.9332% 2018/19 Coupon Rate 2.0195%2.4143%2.3996%2.3203% Yield to Maturity 2.0983%2.4912%2.4951%2.4161% 2017/18 Coupon Rate 1.3142%1.3991%1.6907%1.9356% Yield to Maturity 1.3307%1.4333%1.7091%1.9758% 2016/17 Coupon Rate 1.0063%1.0436%1.1392%1.2330% Yield to Maturity 0.9760%1.0418%1.1420%1.2552% 2015/16 Coupon Rate 0.6433%0.7270%0.8556%0.9341% Yield to Maturity 0.5859%0.6955%0.8251%0.9043% 2014/15 Coupon Rate 0.5437%0.4624%0.4912%0.5309% Yield to Maturity 0.4605%0.4185%0.4379%0.4894% 2013/14 Coupon Rate 0.6331%0.4843%0.4686%0.4802% Yield to Maturity 0.4645%0.3709%0.3680%0.3877% 2012/13 Coupon Rate 0.8304%0.5568%0.5829%0.5838% Yield to Maturity 0.6012%0.3947%0.4243%0.4229% 2011/12 Coupon Rate 0.8769%0.8385%0.8122%0.7426% Yield to Maturity 0.6842%0.6658%0.6739%0.6130% 2010/11 Coupon Rate 0.9802%0.7132%0.7326%0.6982% Yield to Maturity 0.7494%0.5866%0.6133%0.5612% 2009/10 Coupon Rate 1.2464%0.8931%0.8610%0.8212% Yield to Maturity 1.1095%0.7840%0.7373%0.6993% CONTRA COSTA INVESTMENT POOL INVESTMENTS MANAGED BY OUTSIDE CONTRACTOR LAIF QUARTERLY APPORTIONMENT RATES Exhibit IV (a) Source: Contra Costa County Treasurer's Quarterly Investment Report - LAIF Statements Quarter Ending Fiscal Year September December March June 2019/20 Apportionment Rate 2.45%2.29% 2018/19 Apportionment Rate 2.16%2.40%2.55%2.57% 2017/18 Apportionment Rate 1.08%1.20%1.51%1.90% 2016/17 Apportionment Rate 0.60%0.68%0.78%0.92% 2015/16 Apportionment Rate 0.32%0.37%0.46%0.55% 2014/15 Apportionment Rate 0.24%0.25%0.26%0.28% 2013/14 Apportionment Rate 0.26%0.26%0.23%0.22% 2012/13 Apportionment Rate 0.35%0.32%0.28%0.24% 2011/12 Apportionment Rate 0.38%0.38%0.38%0.36% 2010/11 Apportionment Rate 0.51%0.46%0.50%0.48% 2009/10 Apportionment Rate 0.90%0.60%0.56%0.56% 2008/09 Apportionment Rate 2.77%2.54%1.91%1.51% Exhibit IV (b) 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% 4.50% 5.00% 5.50% Contra Costa County Investment Pool as of December 31, 2019 TTC "Coupon"TTC "YTM"LAIF Exhibit IV (c) -2.00% -1.00% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% 12/31/19 6/28/20 12/25/20 6/23/21 12/20/21 6/18/22 12/15/22 6/13/23 12/10/23 6/7/24 12/4/24Yield to Maturity Maturity Dates Risk Assessmentas of 12/31/19 CountyTreasurer PFM Wells CapitalMgmt US TreasuriesYield Curve 2 Standard Deviations 1 Standard Deviation -1 Standard Deviation -2 Standard Deviations 1 year 2 years 3 years 5 years Exhibit IV (d) CUSIP DESCRIPTION PAR COST MARKET COUPON (%) MATURITY DATE YTM (%)121101042 CCCCD CD BERTA KAMM 3,397.22 3,397.22 3,377.81 0.40%5/24/2020 0.40%40428HPR7 CCCSIG CORP HSBC USA 400,000.00 394,904.00 400,204.00 2.35%3/5/2020 3.03%369550BA5 CCCSIG CORP GENERAL 460,000.00 458,371.60 461,596.20 2.88%5/11/2020 3.06%88579YBA8 CCCSIG CORP 3M COMPA 185,000.00 184,620.75 188,226.40 3.00%9/14/2021 3.07%06417GU22 CCCCSIG YCD BANK OF 800,000.00 799,696.00 793,725.33 3.08%6/5/2020 3.10%931142EJ8 CCCSIG CORP WALMART 595,000.00 594,970.25 607,721.10 3.13%6/23/2021 3.13%30231GAV4 CORP EXXON MOBIL COR 12,640,000.00 12,374,185.60 12,714,576.00 2.22%3/21/2021 3.14%14913Q2N8 CCCSIG CORP CATERPIL 100,000.00 99,923.00 102,219.00 3.15%9/7/2021 3.18%06370REU9 CCCSIG YCD BANK OF M 775,000.00 775,000.00 766,576.18 3.19%8/3/2020 3.19%36256GAD1 CCCSIG ABS GMALT 201 175,000.00 174,986.18 174,986.18 3.18%6/21/2021 3.19%58769LAC6 CCCSIG ABS MBALT 201 500,000.00 499,988.80 499,988.80 3.21%9/15/2021 3.21%78012UEE1 CCCSIG ROYAL BANK OF 1,000,000.00 1,000,000.00 1,000,000.00 3.24%6/7/2021 3.24%05531FBD4 CCCSIG CORP BBT CORP 150,000.00 149,821.50 152,883.00 3.20%9/3/2021 3.24%808513AW5 CCCSIG CORP CHARLES 500,000.00 499,985.00 509,755.00 3.25%5/21/2021 3.25%05586CAC8 CCCSIG ABS BMWLT 201 150,000.00 149,979.15 149,979.15 3.26%7/20/2021 3.27%437076BV3 CCCSIG CORP HOME DEP 225,000.00 224,383.50 232,535.25 3.25%3/1/2022 3.34%025816BU2 CCCSIG CORP AMERICAN 785,000.00 784,866.55 800,009.20 3.38%5/17/2021 3.38%02665WCP4 CCCSIG CORP AMERICAN 300,000.00 299,856.00 308,826.00 3.38%12/10/2021 3.39%86565BPC9 CCCSIG YCD SUMITOMO B 750,000.00 748,980.00 738,981.88 3.39%10/16/2020 3.48% Risk Assessment (Securities Greater Than or Less Than Two Standard Deviations) As of December 31, 2019 Exhibit V AVERAGE DAYS AVERAGE DAILY TO MATURITY AVERAGE DAYS TO BALANCE PERCENT OF AVERAGE AS A PERCENT MATURITY FOR (PAR)PORTFOLIO YTM OF PORTFOLIO THE QUARTER A. Investments Managed by Treasurer's Office1 $2,715,591,266.31 82.89%2.0167%211.94 256 B. Investments Managed by Outside Contractors2 1. PFM $97,744,532.50 2.98%2.3050%20.43 685 2. Local Agency Investment Fund3 $235,015,384.62 7.17%2.1120%0.07 1 3. Wells Capital Management $44,295,462.48 1.35%1.7733%4.08 302 4. CalTRUST Liquidity Fund4 $105,944,139.08 3.23%1.7833%0.00 0 5. US Bank5 N/A N/A N/A N/A N/A C. Cash6 $77,715,209.13 2.37%0.1374%0.00 0 Total $3,276,305,994.12 100.00% * Weighted Average YTM of Portfolio = 1.98%237 Notes:1. Excludes the funds managed by PFM.2. Excludes: Section B.6.a (EBRCS Bond) of the Investment Pool Summary and Futuris Public Entity Trust. 3. LAIF is subject to a one day call of principal provision4. CalTRUST Liquidity Fund provides a same day liquidity provision.5. Funds were transferred to US Bank in December 2019 without a full quarter information. 6. The average of Investable Balances and the average of Earnings Allowance Rates of all four banks, WFB, BofA, Bank of the West, and Mechanics. CONTRA COSTA COUNTY INVESTMENT POOL AVERAGE INFORMATION October 1, 2019 through December 31, 2019 Exhibit V (a) CONTRA COSTA COUNTY INVESTMENT POOL SUMMARY OF POOL RATES AND BENCHMARKS AS OF DECEMBER 31, 2019 Quarterly Pool Rates:YTM as of Quarterly Average12/31/19 Ave.DTM Total County Portfolio (w/ Cash)1.94%1.98%251 *1 Investments Managed by Treasurer's Office 1.93%2.02%256 PFM 2.31%2.31%685 Wells Capital Management 1.98%1.77%302 CalTRUST Liquidity Fund 1.68%1.78%36 *3 Quarterly PMIA Ave.Apportionment Effective Rate Yield Local Agency Investment Fund (LAIF)2.29%2.11%185 *2 10/1/19 - 12/31/19 Benchmarks:12/31/19 High Ave.Low Federal Fund Rates Index 1.5600%1.9500%1.6392%1.5400% Six Month Treasury Bill 1.5175%1.7487%1.5489%1.4837% Six Month LIBOR 1.9121%2.0565%1.9253%1.8786% Vanguard Prime Money Mkt Fund 0.4600% *1. Cash is included in the calculation. *2. Average days to maturity with a one day call of principal provision. *3. Average days to maturity with a same day liquidity provision. Exhibit V (b) 0.0000% 0.5000% 1.0000% 1.5000% 2.0000% 2.5000% 3.0000% Contra Costa County Investment Pool Average Quarterly YTM as of December 31, 2019 Treasurer PFM LAIF Wells Capital Mgmt CalTRUST LIQ Exhibit VI Maturity Coupon Description CUSIP Date Rate Par Market Cost Provisions Fund # ($)($)($) CORP MICROSOFT CORP 594918BV5 2/6/2020 1.85%10,000,000.00 9,999,600.00 10,000,000.00 Make-whole call +10 bps 8177 CORP MICROSOFT CORP 594918BP8 8/8/2021 1.55%8,549,000.00 8,537,715.32 8,389,048.21 Make-whole call +10 bps 8177 CORP APPLE INC 037833CS7 5/11/2020 1.80%10,000,000.00 9,991,000.00 9,991,300.00 Make-whole call +10 bps 8177 CCCSIG CORP WALT DIS 25468PDU7 6/5/2020 1.80%625,000.00 624,931.25 624,818.15 Make-whole call +6 bps 6911 CCCSIG CORP AMERI HO 02665WBT7 7/20/2020 1.95%505,000.00 505,262.60 504,489.95 Make-whole call +10 bps 6911 CCCSIG ABS JOHN DEER 47788BAD6 10/15/2021 1.82%108,012.07 108,004.17 108,004.17 10% collateral call 6911 CCCSIG ABS NAROT 201 65478GAD2 10/15/2021 1.75%297,756.85 297,740.21 297,740.21 5% collateral call 6911 CCCSIG CORP VISA INC 92826CAB8 12/14/2020 2.20%210,000.00 210,835.80 212,310.00 Make-whole call +10 bps 6911 CCCSIG CORP CATERPIL 14913Q2A6 9/4/2020 1.85%295,000.00 294,867.25 294,917.01 Make-whole call +10 bps 6911 CCCSIG CORP BOFA CAL 06051GGS2 10/1/2021 2.33%545,000.00 546,553.25 545,000.00 Make-whole call +15 bps 6911 CCCSIG CORP PEPSICO 713448DX3 4/15/2021 2.00%375,000.00 376,068.75 374,925.00 Make-whole call +10 bps 6911 CCCSIG CORP BB&T MTN 05531FAZ6 2/1/2021 2.15%215,000.00 215,610.60 214,901.10 Call on and anytime after 1/1/2021 6911 CCCSIG CORP UNITED P 911312BP0 4/1/2021 2.05%475,000.00 476,273.00 474,249.50 Make-whole call +10 bps 6911 CCCSIG ABS TAOT 2017 89238KAD4 1/18/2022 1.93%178,529.34 178,512.89 178,512.88 5% collateral call 6911 CCCSIG ABS CCCIT 201 17305EGK5 1/20/2023 2.49%350,000.00 349,951.56 349,951.56 5% cleanup call 6911 CCCSIG ABS ALLYA 201 02007MAE0 6/15/2022 2.35%192,862.81 192,840.52 192,840.52 10% collateral call 6911 CORP JOHNSON & JOHNS 478160CH5 11/10/2020 1.95%16,850,000.00 16,879,993.00 16,695,991.00 Make-whole call +7.5bps 8177 CCCSIG BANK OF NY ME 06406HDD8 8/17/2020 2.60%500,000.00 502,020.00 497,545.00 Callable on and anytime after 7/17/20 6911 CCCSIG JDOT 2018 COR 47788CAC6 4/18/2022 2.66%157,840.78 157,829.43 157,829.43 10% collateral call 6911 CCCSIG CORP UNILEVER 904764AZ0 3/22/2021 2.75%650,000.00 657,800.00 646,678.50 Make-whole call +10bps 6911 CORP MICROSOFT CORP 594918BA1 2/12/2022 2.38%10,000,000.00 10,136,100.00 9,748,700.00 Make-whole call +10 bps 8177 CORP MICROSOFT CORP 594918BG8 11/3/2020 2.00%8,000,000.00 8,016,960.00 7,865,520.00 Make-whole call +7.5 bps 8177 CCCSIG CORP HERSHEY 427866AY4 5/15/2020 2.90%350,000.00 351,176.00 349,769.00 Make-whole call +10 bps 6911 CCCSIG CORP GENERAL 369550BA5 5/11/2020 2.88%460,000.00 461,596.20 458,371.60 Make-whole call +10 bps 6911 CCCSIG ABS HART 2018 44891KAD7 7/15/2022 2.79%130,000.00 129,980.42 129,980.42 5% collateral call 6911 CCCSIG CORP AMERICAN 025816BU2 5/17/2021 3.38%785,000.00 800,009.20 784,866.55 Callable on and anytime after 4/17/21 6911 CCCSIG ABS FORDO 201 34528FAD0 11/15/2022 3.03%217,880.68 217,845.45 217,845.45 10% collateral call 6911 CCCSIG CORP BBT CORP 05531FBD4 9/3/2021 3.20%150,000.00 152,883.00 149,821.50 Callable on and anytime after 8/3/21 6911 CORP APPLE INC 037833BS8 2/23/2021 2.25%20,000,000.00 20,119,000.00 19,679,400.00 Make-whole call +15 bps 8801 CCCSIG CORP WALMART 931142EJ8 6/23/2021 3.13%595,000.00 607,721.10 594,970.25 Make-whole call +10 bps 6911 CCCSIG ABS CARMX 201 14313FAD1 6/15/2023 3.13%200,000.00 199,972.74 199,972.74 10% collateral call 6911 CCCSIG ABS MBART 201 58772RAD6 1/17/2023 3.03%410,000.00 409,984.26 409,984.26 5% collateral call 6911 CORP JOHNSON AND JOH 478160CD4 3/3/2022 2.25%10,284,000.00 10,397,638.20 10,082,433.60 Make-whole call +7.5 bps 8177 CCCSIG CORP CATERPIL 14913Q2N8 9/7/2021 3.15%100,000.00 102,219.00 99,923.00 Make-whole call +10 bps 6911 CCCSIG CORP UNILEVER 904764BF3 3/7/2022 3.00%100,000.00 102,427.00 99,516.00 Make-whole call +10 bps 6911 CCCSIG CORP PFIZER I 717081EM1 9/15/2021 3.00%250,000.00 255,297.50 249,662.50 Make-whole call +5 bps 6911 CORP JOHNSON AND JOH 478160CD4 3/3/2022 2.25%10,000,000.00 10,110,500.00 9,796,500.00 Make-whole call +7.5 bps 8177 CCCSIG CORP 3M COMPA 88579YBA8 9/14/2021 3.00%185,000.00 188,226.40 184,620.75 Make-whole call +5 bps 6911 CORP APPLE INC 037833BS8 2/23/2021 2.25%10,000,000.00 10,059,500.00 9,830,320.00 Make-whole call +15 bps 8177 CCCSIG ABS FORDL 201 34531LAD2 12/15/2021 3.19%240,000.00 239,979.72 239,979.72 5% deal call 6911 CCCSIG CORP AMERICAN 02665WCP4 12/10/2021 3.38%300,000.00 308,826.00 299,856.00 Make-whole call 6911 CORP EXXON MOBIL COR 30231GAV4 3/1/2021 2.22%12,640,000.00 12,714,576.00 12,374,185.60 Make-whole call +15bps 8177 CCCSIG ABS BMWLT 201 05586CAC8 7/20/2021 3.26%150,000.00 149,979.15 149,979.15 5% deal call 6911 CCCSIG ABS MBALT 201 58769LAC6 9/15/2021 3.21%500,000.00 499,988.80 499,988.80 5% deal call 6911 CCCSIG CORP HOME DEP 437076BV3 3/1/2022 3.25%225,000.00 232,535.25 224,383.50 Make-whole call +10bps 6911 CORP APPLE INC 037833AR1 5/6/2021 2.85%15,000,000.00 15,231,450.00 14,902,740.00 Make-whole call +10bps 8177 CCCSIG ABS GMCAR 201 36256XAD4 11/16/2023 2.97%225,000.00 224,975.09 224,975.09 10% collateral call 6911 CCCSIG ABS MBALT 201 58772TAC4 11/15/2021 3.10%155,000.00 154,995.46 154,995.46 5% deal call 6911 CCCSIG MBS FHMS KP05 3137FKK39 7/25/2023 3.20%136,253.30 136,252.89 136,252.88 1% cleanup call 6911 CORP MICROSOFT CORP 594918BV5 2/6/2020 1.85%15,074,000.00 15,073,397.04 14,968,783.48 Make-whole call +10bps 8177 CONTRA COSTA COUNTY TREASURER'S INVESTMENT PORTFOLIO STRUCTURED SECURITIES December 31, 2019 Exhibit VI Maturity Coupon Description CUSIP Date Rate Par Market Cost Provisions Fund # ($)($)($) CORP MICROSOFT CORP 594918BV5 2/6/2020 1.85%10,000,000.00 9,999,600.00 10,000,000.00 Make-whole call +10 bps 8177 CONTRA COSTA COUNTY TREASURER'S INVESTMENT PORTFOLIO STRUCTURED SECURITIES December 31, 2019 CCCSIG ABS NAROT 201 65479KAD2 10/16/2023 2.90%550,000.00 549,916.68 549,916.68 5% collateral call 6911 CCCSIG ABS ALLYA 201 02004WAC5 9/15/2023 2.91%325,000.00 324,960.74 324,960.74 10% collateral call 6911 CCCSIG ABS GMALT 201 36256UAD0 12/20/2021 2.98%225,000.00 224,964.68 224,964.68 10% collateral call 6911 CCCSIG CORP 3M COMPA 88579YBF7 3/1/2022 2.75%245,000.00 249,444.30 244,884.85 Make-whole call +5bps 6911 CORP MICROSOFT CORP 594918BW3 2/6/2022 2.40%15,000,000.00 15,212,100.00 14,877,450.00 Make-whole call +10bps 8177 CCCSIG ABS FORDL 201 34532FAD4 5/15/2020 2.90%265,000.00 264,979.28 264,979.28 5% deal call 6911 CCCSIG CORP PFIZER I 717081ER0 3/11/2022 2.80%170,000.00 173,587.00 169,989.80 Make-whole call +5bps 6911 CCCSIG CORP MERCK AN 589331AT4 9/15/2022 2.40%300,000.00 304,680.00 296,934.00 Make-whole call +12.5bps 6911 CCCSIG CORP GOLDMAN 38141GWC4 4/26/2022 3.00%325,000.00 329,104.75 323,248.25 Make-whole call +20bps 6911 CCCSIG CORP JPMORGAN 46647PBB1 4/1/2023 3.21%800,000.00 819,080.00 800,000.00 One time call: 4/1/22 6911 CORP TOYOTA MOTOR CR 89236TCF0 3/12/2020 2.15%20,000,000.00 20,005,200.00 19,925,160.00 Make-whole call +10bps 8177 CORP EXXON MOBIL COR 30231GAV4 3/1/2021 2.22%14,000,000.00 14,082,600.00 13,931,540.00 Make-whole call +15bps; Callable on and after 2/1/21 8177 CORP ORACLE CORP 68389XBL8 9/15/2023 2.40%20,000,000.00 20,334,000.00 19,705,800.00 Make-whole call +20bps; Callable on and after 7/15/23 8177 CORP CHEVRON CORP 166764AB6 12/5/2022 2.36%10,000,000.00 10,140,100.00 9,883,000.00 Make-whole call +12bps; Callable on and after 9/5/22 8177 CORP WALMART INC 931142DU4 12/15/2022 2.35%10,000,000.00 10,175,000.00 9,889,400.00 Make-whole call +10bps; Callable on and after 11/15/22 8177 CORP CHEVRON CORP 166764BG4 5/16/2021 2.10%10,000,000.00 10,063,200.00 9,907,160.00 Make-whole call +15bps; Callable on and after 4/15/21 8177 CORP EXXON MOBIL COR 30231GAV4 3/1/2021 2.22%7,984,000.00 8,031,105.60 7,938,251.68 Make-whole call +15bps; Callable on and after 2/1/21 8177 CORP CHEVRON CORP 166764BN9 3/3/2022 2.50%7,500,000.00 7,625,625.00 7,476,750.00 Make-whole call +10bps; Callable on and after 2/3/22 8177 CORP CITIBANK NA 17325FAJ7 10/20/2020 2.13%5,680,000.00 5,686,872.80 5,632,742.40 Callable on and after 9/20/20 8177 CORP ORACLE CORP 68389XAP0 10/15/2022 2.50%10,000,000.00 10,185,500.00 9,921,300.00 Make-whole call +12.5bps 8177 CCCSIG CORP BOEING C 097023CG8 5/1/2022 2.70%125,000.00 126,961.25 124,778.75 Make-whole call +10bps 6911 CCCSIG ABS FITAT 201 31680YAD9 12/15/2023 2.64%150,000.00 149,967.03 149,967.03 10% collateral call 6911 CCCSIG CORP VISA INC 92826CAG7 9/15/2022 2.15%250,000.00 252,845.00 246,702.50 Make-whole call +10bps; Callable on and after 8/15/22 6911 CCCSIG CORP GOLDMAN 38141GWC4 4/26/2022 3.00%400,000.00 405,052.00 402,516.00 Make-whole call +20bps; Callable on 4/26/21 and 10/26/21 6911 CCCSIG ABS NALT 2019 65478LAD1 7/15/2022 2.27%220,000.00 219,987.50 219,987.50 10% collateral call 6911 CCCSIG CORP US BANCO 91159HHC7 3/15/2022 3.00%300,000.00 306,951.00 305,961.00 Call on and after 2/15/22 6911 CCCSIG CORP BOEING C 097023CL7 2/7/2020 2.30%225,000.00 226,273.50 224,991.00 Make-whole call +10bps 6911 CCCSIG CORP BURLINGT 12189LAF8 9/15/2021 3.45%300,000.00 306,840.00 307,479.00 Make-whole call +20bps; Callable on and after 6/15/21 6911 CCCSIG CORP HONEYWEL 438516BT2 8/8/2022 2.15%170,000.00 171,565.70 169,828.30 Make-whole call +6bps; Callable on and after 7/8/22 6911 CCCSIG MBS FHMS K026 3137B1BS0 11/25/2022 2.51%500,000.00 509,218.75 509,218.75 1% collateral call 6911 CCCSIG ABS TAOT 2019 89238UAD2 9/15/2023 1.91%275,000.00 274,997.75 274,997.75 5% collateral call 6911 CCCSIG ABS GMALT 201 38013TAD3 6/20/2022 2.03%175,000.00 174,980.70 174,980.70 10% deal call 6911 CCCSIG CORP 3M COMPA 88579YBL4 2/14/2023 1.75%400,000.00 397,820.00 398,476.00 Make-whole call +10bps; Callable on and after 1/14/23 6911 CCCSIG CORP CATERPIL 14913Q3A5 9/6/2022 1.90%340,000.00 340,686.80 339,527.40 Make-wole call +10bps 6911 CCCSIG CORP THE WALT 254687FJ0 9/1/2022 1.65%225,000.00 224,448.75 224,511.75 Make-whole call +7bps 6911 CCCSIG MBS FHMS K023 3137AWQH1 8/25/2022 2.31%375,000.00 380,537.11 380,537.11 1% collateral call 6911 CCCSIG CORP APPLE IN 037833DL1 9/11/2022 1.70%200,000.00 199,860.00 199,966.00 Make-whole call +10bps 6911 CCCSIG ABS VZOT 2019 92348AAA3 4/22/2024 1.94%350,000.00 349,973.02 349,973.02 10% collateral call 6911 GOV FHLMC CALLABLE N 3134GUMN7 10/28/2022 1.80%20,000,000.00 19,989,200.00 20,000,000.00 Callable only on 4/28/20 8177 GOV FHLMC CALLABLE N 3134GUML1 10/30/2024 2.05%15,000,000.00 15,003,450.00 15,000,000.00 Quarterly; Last call on 7/20/24 8177 CCCSIG CORP IBM CORP 459200JX0 5/13/2022 2.85%500,000.00 511,310.00 510,925.00 Make-whole call +10bps 6911 CORP TOYOTA MTR CRED 89236TGR0 12/13/2021 1.80%10,000,000.00 10,002,100.00 10,000,000.00 Quarterly; Last call on 9/13/21 8177 SUPRA IBRD 45905U4Y7 12/17/2022 1.75%25,000,000.00 25,032,250.00 25,000,000.00 Quarterly: Last call on 9/14/22 8177 CCCSIG ABS COMET 201 14041NFU0 8/15/2024 1.72%825,000.00 824,792.27 824,792.27 5% collateral call 6911 377,615,135.83$ 380,053,490.43$ 374,487,898.68$ Note:6911 - CCCSIG; 8177 - County Treasurer Exhibit VI (a) DESCRIPTION CUSIP MATURITY DATE PAR MARKET COST PROVISIONS($)($)($) AMXCA 171 A 02587AAJ3 2/18/2020 500,000.00 500,406.19 492,539.06 5% collateral call AMERICAN HONDA FINANCE CORP 02665WCL3 2/21/2020 700,000.00 701,827.39 700,686.00 Float quarterly: LIBOR +15bps BACCT 171 A 05522RCW6 3/16/2020 750,000.00 750,725.00 744,316.41 5% collateral call BMWOT 19A A2 05588CAB8 5/25/2022 800,000.00 800,829.17 799,983.12 5% collateral call BANK OF AMERICA NA 06050TML3 5/24/2021 500,000.00 501,613.67 500,000.00 Float quarterly: LIBOR +35bps BANK OF NEW YORK MELLON CORP 06406FAA1 4/15/2021 700,000.00 708,535.20 706,398.00 Make-whole call; Callable on and after 3/15/21 COPAR 191 A2 14042WAB6 4/15/2022 627,034.49 629,606.18 626,981.44 10% collateral call CATERPILLAR FINANCIAL SERVICES CORP 14913Q2J7 5/15/2020 500,000.00 503,788.86 501,842.00 Make-whole call +7bps CHAIT 154 A 161571GX6 4/15/2020 850,000.00 850,498.85 849,203.13 10% collateral call CHEVRON CORP 166764AR1 3/3/2020 200,000.00 201,250.07 197,310.00 Make-whole call +7.5bps CCCIT 17A3 A3 17305EGB5 4/7/2020 400,000.00 401,770.52 399,187.50 5% collateral call CITIBANK NA 17325FAN8 5/1/2020 700,000.00 705,664.51 701,925.00 Make-whole call +10bps GENERAL DYNAMICS CORP 369550BA5 5/11/2020 250,000.00 251,864.93 249,620.00 Make-whole call +10bps HAROT 183 A2 43815HAB3 12/21/2020 141,993.24 142,218.82 142,009.88 10% collateral call INTERCONTINENTAL EXCHANGE INC 45866FAC8 12/1/2020 750,000.00 756,781.25 755,415.00 Make-whole call +20bps INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPM 45905UV43 3/18/2020 1,000,000.00 1,000,701.36 1,000,100.00 Float monthly: LIBOR +3bps JPMORGAN CHASE BANK NA 48125LRK0 2/1/2021 500,000.00 505,689.03 499,190.00 Float quarterly: LIBOR +28bps; Callable after 2/1/20 MBALT 19A A3 58772TAC4 11/15/2021 500,000.00 505,210.24 505,234.38 5% deal call NATIONAL RURAL UTILITIES COOP FINANCE CORP 637432MU6 6/15/2020 700,000.00 701,771.04 698,509.00 Make-whole call +15bps NAROT 17B A3 65478GAD2 10/15/2021 267,981.16 267,948.57 263,343.83 5% collateral call PNC BANK NA 69353RFD5 5/19/2020 680,000.00 682,547.58 681,258.00 Float quarterly: LIBOR +36bps CHARLES SCHWAB CORP 808513AV7 5/21/2021 700,000.00 702,378.75 700,868.00 Float Quarterly: LIBOR +32bps; Callable after 4/21/21 TAOT 18C A3 89231AAD3 12/15/2022 800,000.00 812,918.98 812,218.75 5% collateral call TOYOTA MOTOR CREDIT CORP 89236TCZ6 4/8/2021 500,000.00 502,881.61 500,905.00 Make-whole call +15bps VZOT 18A A1B 92348XAB1 4/20/2023 800,000.00 800,218.25 800,000.00 10% collateral call VISA INC 92826CAB8 12/14/2020 675,000.00 678,389.60 671,024.25 Make-whole call +10bps 15,492,008.89 15,568,035.60 15,500,067.75 CONTRA COSTA COUNTY WELLS CAP MANAGEMENT STRUCTURED SECURITIES December 31, 2019 Exhibit VI (b) DESCRIPTION CUSIP MATURITY DATE PAR MARKET PROVISIONS ($)($)HNDA FLOAT 05/13/20 02665WCW9 5/13/2020 3,000,000.00 3,000,000.00 Float Quarterly: LIBOR +9bpsBMO FLOAT 11/18/20 06370r6Z7 11/18/2020 2,000,000.00 2,000,000.00 Float Quarterly: LIBOR +14bpsBMO FLOAT 07/13/20 06370RS26 7/13/2020 3,000,000.00 3,000,000.00 Float FEDL01 +31bpsBNS FLOAT 04/09/20 06417MAD7 4/9/2020 3,000,000.00 3,000,000.00 Float Monthly: LIBOR +16bpsBNS FLOAT 08/17/20 06417MEU5 8/17/2020 2,500,000.00 2,500,000.00 Float Monthly: LIBOR +23bpsBNS FLOAT 08/20/20 06417MFB6 8/20/2020 1,500,000.00 1,500,000.00 Float Monthly: LIBOR +23bpsCAT FLOAT 06/19/20 14913Q2Y4 6/19/2020 1,500,000.00 1,499,738.13 Float Quarterly: LIBOR +10bpsCHARIOT FUNDING LLC 15963RBD4 2/5/2020 4,500,000.00 4,500,061.42 Float Monthly: LIBOR +19bpsC 2.1 06/12/20 17325FAE8 6/12/2020 4,000,000.00 3,997,751.92 Callable on and anytime after 5/20/20RABOBK FLOAT 05/08/20 21684L4M1 5/8/2020 2,500,000.00 2,500,000.00 Float Monthly: LIBOR +18bpsCICFP FLOAT 08/20/20 22536UYG9 8/20/2020 2,500,000.00 2,500,000.00 Float Monthly: LIBOR +23bpsPP9W6XZF M-MKT 22845ALV0 2/3/2020 2,000,000.00 2,000,000.00 Callable: 12/30/19-1/30/20CPSERA CPIB 0 08/28/20 22845ANU0 8/28/2020 3,500,000.00 3,500,000.00 Float Monthly: LIBOR +38bps; Callable 7/24/20-8/26/20MUFG FLOAT 05/29/20 55379WP91 5/29/2020 2,000,000.00 2,000,000.00 Float Monthly: LIBOR +26bpsMUFG FLOAT 02/24/20 55379WZM1 2/24/2020 1,200,000.00 1,200,000.00 Float Quarterly: LIBOR +18bpsKNFP FLOAT 06/05/20 CORP 63873NZ38 6/5/2020 2,000,000.00 2,000,000.00 Float O/N SOFR +30bpsNDASS FLOAT 09/10/20 65558TRF4 9/10/2020 1,000,000.00 1,000,000.00 Float Quarterly: LIBOR +10bpsRFAONE CPIB 0 06/10/20 76582EDU6 6/10/2020 4,500,000.00 4,500,000.00 Float Monthly: LIBOR +25bpsSKANDINAVISKA ENSKILDA CD 83050PDC0 8/19/2020 3,000,000.00 3,000,000.00 Flaot Monthly: LIBOR +25bpsSUMITR FLOAT 05/18/20 86564FWT6 5/18/2020 2,000,000.00 2,000,000.00 Float Quarterly: LIBOR +20bpsSUMIBK FLOAT 03/09/20 86565BJ85 3/9/2020 2,000,000.00 2,000,000.00 Float Monthly: LIBOR +19bpsSUMIBK FLOAT 02/24/20 86565BM81 2/24/2020 1,500,000.00 1,500,000.00 Float Monthly: LIBOR +19bpsSHBASS FLOAT 10/15/20 86959RCR9 10/15/2020 2,000,000.00 2,000,000.00 Float Quarterly: LIBOR +15bpsTD FLOAT 07/10/20 89114M2D8 7/10/2020 1,500,000.00 1,500,000.00 Float FEDL01 +31bpsTD FLOAT 07/16/20 89114M2P1 7/16/2020 2,500,000.00 2,500,000.00 Float FEDL01 +31bpsTD FLOAT 9/28/2020 89114N5K7 9/28/2020 1,500,000.00 1,500,000.00 Float Quarterly: LIBOR +19bpsTOYOTA MOTOR CREDIT CORP 89233AW54 1/7/2020 2,500,000.00 2,500,000.00 Float Quarterly: LIBOR +3bpsTF FLOAT 07/31/21 9128287G9 7/31/2021 1,000,000.00 999,711.26 Float Quarterly: USTMMR +22bpsWSTP FLOAT 12/06/20 96130AEQ7 12/9/2020 1,000,000.00 1,000,000.00 Float Quarterly: LIBOR +15bps66,700,000.00 66,697,262.73 CONTRA COSTA COUNTY CALTRUST LIQUIDITY FUND STRUCTURED SECURITIES December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xhibit VIIState of California &DUU\LQJ&RVW3OXV 'HVFULSWLRQ $FFUXHG,QWHUHVW3XUFK $PRUWL]HG&RVW )DLU9DOXH $FFUXHG,QWHUHVW  8QLWHG6WDWHV7UHDVXU\ %LOOV    1$ 1RWHV      )HGHUDO$JHQF\ 6%$     0%65(0,&V     'HEHQWXUHV     'HEHQWXUHV)5  'HEHQWXUHV&/     'LVFRXQW1RWHV    1$  6XSUDQDWLRQDO'HEHQWXUHV      6XSUDQDWLRQDO'HEHQWXUHV)5      &'VDQG<&'V)5      %DQN1RWHV      &'VDQG<&'V      &RPPHUFLDO3DSHU    1$  &RUSRUDWH 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ΎWƉƵƌĐŚĂƐĞĚďLJƚŚĞWŽŽůĞĚDŽŶĞLJ/ŶǀĞƐƚŵĞŶƚĐĐŽƵŶƚ;WD/ͿĚŽĞƐŶŽƚŝŶĐůƵĚĞ^ƚƌƵĐƚƵƌĞĚ /ŶǀĞƐƚŵĞŶƚsĞŚŝĐůĞƐ;^/sƐͿŶŽƌĚŽĂŶLJŽĨƚŚĞĂƉƉƌŽǀĞĚWƉƌŽŐƌĂŵƐŝŶĐůƵĚĞ^/sƐĂƐ ƵŶĚĞƌůLJŝŶŐĂƐƐĞƚƐ͘ Exhibit VII (b) State of California Page 3 Exhibit VIII Par Value 3,270,941,397.22 Book Price 99.627 Book Value 3,258,731,468.25 Average Days to Maturity 234 Market Value 3,270,808,302.99 Coupon 1.8751% Market Price 99.996 YTM 1.9332% Yield Change Market Value Market Price Gain/Loss2 (bps)($)($)(bps) -50 3,281,158,372.38 100.312 68.76 -25 3,275,966,488.90 100.154 52.90 -10 3,272,867,667.36 100.059 43.36 0 3,270,808,535.22 99.996 37.04 10 3,268,754,776.42 99.933 30.71 25 3,265,684,165.25 99.839 21.28 50 3,260,593,037.27 99.684 5.72 Note: Stress Testing is a form of testing that is used to determine the stability of a given system or entity. It reveals how well a portfolio is positioned in the event the forecasts prove true. The stress test conducted on the portfolio managed by the Treasurer's Office identifies the sensitivity of our portfolio to the change in interest rate. The test result shows if the yield were to go down by 50 bps, the market value of the portfolio would increase by 68.76 bps. If the yield were to go up by 50 bps, the market value of the portfolio would increase by 5.72 bps. 1. The stress test is conducted on the portfolio managed by the Treasurer's Office. Portfolios managed by external investment managers are excluded. All data is provided by FIS. 2. Gain/Loss is calcuated based on the book value/price. Portfolio Stress Test1 as of December 31, 2019 RECOMMENDATION(S): REFER to the Family and Human Services Committee for discussion the pursuit of a new Countywide Arts and Culture Plan in Fiscal Year 2020-2021, as recommended by the Arts and Culture Commission of Contra Costa County (AC5). FISCAL IMPACT: There is no fiscal impact. BACKGROUND: At the February AC5 monthly meeting, the AC5 commissioners approved submitting this Board Order to authorize the discussion of a new Arts and Culture Plan at a Family and Human Services Committee meeting. The Commission is advocating for the execution of a new Countywide plan and wishes to present on the topic. In Fiscal Year 2018-19, AC5 commissioned the execution of an Arts and Culture Plan Prospectus. AC5 wishes to present the findings of this Prospectus and more, to determine the feasibility of pursuing execution of this Plan in Fiscal Year 2020-21. CONSEQUENCE OF NEGATIVE ACTION: AC5 will not have an opportunity to advocate for a Arts and Culture Plan that the Commission has determined as a community need. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.116 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Arts and Culture Commission of Contra Costa County, Cultural Plan RECOMMENDATION(S): APPROVE amended list of designated positions for the Conflict of Interest Code for the Eastern Contra Costa Transit Authority ("Tri Delta Transit"). FISCAL IMPACT: None. BACKGROUND: Tri Delta Transit has amended the list of designated positions in its Conflict of Interest Code and submitted the revised list, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The change includes the revisions to titles of positions designated to file conflict of interest statements. This change will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by Tri Delta Transit. A strike-out version of the list of designated positions is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: The list of designated positions will not reflect the correct information. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Cynthia Schwerin, Deputy County Counsel, 925-335-1800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Cynthia Schwerin, Deputy County Counsel, David Twa, Clerk of the Board of Supervisors, Jeanne Krieg, Chief Executive Officer, Eastern Contra Costa Transit Authority C.117 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:March 10, 2020 Contra Costa County Subject:Conflict of Interest Code for the Eastern Contra Costa Transit Authority (Tri Delta Transit) ATTACHMENTS Exhibit A: ECCTA Designated Positions Exhibit B: ECCTA Designated Positions STRIKEOUT RECOMMENDATION(S): ADOPT Resolution 2020/76 to establish an expense stipend for the Juvenile Justice Commission. FISCAL IMPACT: Approximately $4,500 per year. Budgeted within the Probation Department's budget. BACKGROUND: The Juvenile Justice Commission (JJC) is a 15-member commission created by statute (Welf. & Inst. Code § 225.) and is in effect part of the Superior Court. The JJC reports to the Presiding Judge of the Juvenile Court and makes recommendations to the Probation Department related to public policy regarding in-custody and at-risk youth. The JJC's primary responsibility is to provide citizen oversight of the juvenile justice system, which includes inspecting juvenile hall, police departments holding youth, and group homes in the county. Welf. & Inst. Code § 231 provides that JJC members be reimbursed by the County for actual and necessary expenses incurred in the performance of their duties. In lieu of reimbursement, the Board of Supervisors may provide that the members of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Danielle Fokkema, Probation Chief of Administrative Services C.118 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Expense Stipend for Juvenile Justice Commission BACKGROUND: (CONT'D) the commission shall be paid not to exceed the sum of twenty-five dollars ($25) per meeting not exceeding two meetings per month. Today's action will establish an expense stipend for the JJC members of twenty-five dollars ($25) per meeting not exceeding two meetings per month. AGENDA ATTACHMENTS Resolution 2020/76 MINUTES ATTACHMENTS Signed Resolution No. 2020/76 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/76 In The Matter Of: Establishing a Expense Stipend for the Juvenile Justice Commssion WHEREAS the Juvenile Justice Commission was created pursuant to Welfare & Institutions Code § 225; and WHEREAS the Juvenile Justices Commission's primary responsibility is to provide citizen oversight of the juvenile justice system, which includes inspecting juvenile hall, police departments holding youth, and group homes in the county; and WHEREAS Welfare & Institutions Code § 231 provides that in lieu of reimbursement to Juvenile Justice Commission members for actual and necessary expenses incurred in the performance of their duties, the Board of Supervisors may provide that the members of the Juvenile Justice Commission shall be paid not to exceed the sum of twenty-five dollars ($25) per meeting not exceeding two meetings per month. NOW, THEREFORE, BE IT RESOLVED that the Board of Supevisors approves and authorizes the payment of twenty-five dollars ($25) per meeting not exceeding two meetings per month to the members of the Juvenile Justice Commission in lieu of reimbursement to the members of the Juvenile Justice Commission for the actual and necessary expenses incurred in the performance of their duties. Contact: Paul Reyes, 335-1096 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Danielle Fokkema, Probation Chief of Administrative Services RECOMMENDATION(S): ADOPT Resolution No. 2020/87 authorizing the issuance of multifamily housing revenue bonds designated as “County of Contra Costa, California, Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1” and “County of Contra Costa, California, Multifamily Housing Revenue Bond (Coggins Square Apartments) 2020 Series C-2” in an amount not to exceed $31,121,520 to finance the acquisition and rehabilitation of an 87-unit multifamily rental housing project located at 1316 Las Juntas Way in the unincorporated area of the County near Walnut Creek (the “Project”), which is commonly known as Coggins Square Apartments. 1. FIND and DECLARE that the recitals contained in Resolution No. 2020/87 are true and correct. 2. APPROVE the sale of the Project by the current owner to Coggins Square Apartments, L.P. (the “Borrower”). 3. APPROVE the form of, and authorize the County to execute, the Termination Agreement among the County, the current trustee and the current owner terminating the existing regulatory agreement and declaration of restrictive covenants. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Kristen Lackey, (925) 674-7793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.119 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Bond Sale Resolution - Coggins Square Apartments in Walnut Creek RECOMMENDATION(S): (CONT'D) 4. APPROVE the form of, and authorize the County to execute, the Indenture among the County, U.S. Bank as trustee, and Umpqua Bank (the “Bank”). 5. APPROVE the form of, and authorize the County to execute, the Loan Agreement among the Bank, the County and the Borrower. 6. APPROVE the form of, and authorize the County to execute, the Regulatory Agreement and Declaration of Restrictive Covenants between the County and Borrower. 7. APPROVE the form of, and authorize the County to execute, the Assignment of Deed of Trust and Related Documents, by the County to the Bank. 8. AUTHORIZE the delivery of the Bonds by the County to the Bank. 9. APPOINT Quint & Thimmig, LLP as bond counsel for the transaction. 10. AUTHORIZE and DIRECT the Designated Officers of the County, as defined in Resolution No. 2020/87, to do any and all things and take any all actions, and execute and deliver any and all certificates, agreements, and other documents which the officer may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Resolution. FISCAL IMPACT: No impact to the General Fund. At the closing for the Bonds, the County is reimbursed for costs incurred in the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions ensuring units in the Project will be rented to low income households will be reimbursed through issuer fees established in the documents for the Bonds. The Bonds will be solely secured by and payable from revenues (e.g. Development rents, reserves, etc.) pledged under the Bond documents. No County funds are pledged to secure the repayment of the Bonds. BACKGROUND: The recommended action is the adoption of Resolution 2020/87 by the Board of Supervisors, as the legislative body of the County, authorizing the issuance of multifamily housing revenue bonds, the proceeds of which will be used to finance the acquisition and rehabilitation of Coggins Square Apartments, an 87-unit residential housing development located at 1316 Las Juntas Way in the unincorporated area of the County near Walnut Creek (the “Project”). The ownership entity for the development will be Coggins Square Associates, L.P. (the "Borrower"), a California limited partnership that consists of an entity related to BRIDGE Housing as the managing general partner and National Affordable Housing Trust as the tax credit equity investor. Conservation and Development staff held a noticed public hearing on September 30, 2019 to permit interested parties to comment on the proposed financing and the Project. No comments were received from the public. The Board adopted Resolution No. 2019/568 on October 8, 2019 to authorize proceeding with the issuance of the Bonds for the Project pursuant to Section 147(f) of the Internal Revenue Code and the submittal of an application by the County for tax-exempt private activity bond authority from the California Debt Limit Allocation Committee. On December 11, 2019, the California Debt Limit Allocation Committee awarded the County authority to issue the Bonds in a maximum principal amount of $31,121,520 through its Resolution No. 19-204. The structure of the financing will be two bonds. The County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments) 2020 Series C-1 and County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments) 2020 Series C-2 (the “Bonds”) will be purchased by Umpqua Bank (the “Bank”) and the proceeds of the sales will be loaned to the Borrower to finance the acquisition and rehabilitation of the Project. In addition to the proceeds of the Bonds, the Development will be funded with low income housing tax credits and County Community Development Block Grant funds. The transaction is expected to close on or about March 31, 2020. The Project will be one hundred percent affordable with sixteen units affordable to households earning at or below 30% area median income, thirty-nine units at or below 50% area median income, and thirty-one units at or below 60% area median income plus one managers unit. A new Regulatory Agreement governing these affordability restrictions will be recorded against the property and the current Regulatory Agreement (entered in 1998) will be terminated. CONSEQUENCE OF NEGATIVE ACTION: Negative action would prevent the County from issuing the Multifamily Housing Revenue Bonds in order to provide a loan to Coggins Square Apartments, LP to finance the acquisition and rehabilitation of Coggins Square Apartments. CHILDREN'S IMPACT STATEMENT: The recommendation supports one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. ATTACHMENTS Resolution 2020/87 Coggins Termination Agreement Coggins Indenture Coggins Loan Agreement Coggins Assignment of Deed of Trust Coggins Regulatory Agreement THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/87 RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $31,121,520 TO FINANCE THE ACQUISITION AND REHABILITATION OF MULTIFAMILY RENTAL HOUSING FACILITIES FOR COGGINS SQUARE APARTMENTS, L.P., AND OTHER MATTERS RELATING THERETO WHEREAS, the County of Contra Costa (the “County”) is authorized pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the “Act”) to issue bonds and notes for the purpose of financing multifamily rental housing facilities; and WHEREAS, in accordance with the Act, in 1998 the County issued $9,301,000 principal amount of its Multifamily Housing Revenue Bonds (Coggins Square Apartments), 1998 Series D, Issue I and Issue II (collectively, the 1998 Bonds”) pursuant to an Indenture of Trust, dated as of November 1, 1998 (the “1998 Indenture”), between the County and The Bank of New York Mellon Trust, N.A. (successor to BNY Western Trust Company), as trustee (the “1998 Trustee”), and loaned the proceeds of the 1998 Bonds to Coggins Square Associates, a California Limited Partnership (the “Current Owner”), the proceeds of which loan were used by the Current Owner to finance an 87 unit residential rental housing facility known as Coggins Square Apartments, located at 1316 Las Juntas Way in the unincorporated area of the County near Walnut Creek (the “Project”); and WHEREAS, the Current Owner is selling the Project to Coggins Square Apartments, L.P., a California limited partnership (the “Borrower”); and WHEREAS, the Borrower has requested that the County issue multifamily housing revenue bonds (the “Bonds”) and loan the proceeds of the Bonds to the Borrower to finance the acquisition and rehabilitation of the Project by the Borrower; and WHEREAS, on September 30, 2019, the Affordable Housing Project Manager of the Department of Conservation and Development of the County held a public hearing on the proposed issuance of the Bonds by the County for, and the financing, ownership and operation of, the Project, as required under the provisions of the Internal Revenue Code (the “Code”) applicable to tax-exempt obligations, following published notice of such hearing, and communicated to the Board of Supervisors of the County all written and oral testimony received at the hearing; and WHEREAS, on October 8, 2019, the Board of Supervisors of the County adopted a resolution authorizing the issuance of the Bonds to finance the Project in satisfaction of public approval requirements of the Code; and WHEREAS, the California Debt Limit Allocation Committee (“CDLAC”) adopted its Resolution No. 19-204 on December 11, 2019 allocating $31,121,520 of the State of California ceiling on private activity bonds for 2019 to the County for the purpose of financing the Project; and WHEREAS, in order to assist in the financing of the Project, the County has determined to issue the Bonds, as authorized by the Act, and sell the Bonds to Umpqua Bank (the “Bank”); and WHEREAS, it is proposed that the Bonds be issued pursuant to an indenture of trust (the “Indenture”), among the Bank, the County and U.S. Bank National Association, the "Trustee") and that the proceeds of the sale of the Bonds to the Bank be used to make a loan to the Borrower pursuant to a construction and term loan agreement (the “Loan Agreement”) among the Bank, the County and the Borrower, with amounts due from the County to the Bank under the Bonds and the Indenture to be payable solely from amounts paid by the Borrower under the Loan Agreement; a WHEREAS, there has been prepared a termination agreement with respect to the termination of a document related to the 1998 Bonds and the issuance by the County of the Bonds, a copy of which is on file with the Clerk of the Board, and the Board of Supervisors now desires to approve the issuance of the Bonds and the execution and delivery of such document by the County; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in connection with the issuance of the Bonds as contemplated by this Resolution and the documents referred to herein will exist, will have happened and will have been performed in due time, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, as follows: Section 1. The Board of Supervisors hereby finds and declares that the foregoing recitals are true and correct. Section 2. The Board of Supervisors hereby approves the sale of the Project by the Current Owner to the Borrower. Section 3. The Termination Agreement, among the County, the 1998 Trustee and the Current Owner terminating a regulatory agreement and declaration of restrictive covenants (the “1998 Regulatory Agreement”) recorded against the Project in connection with the 1998 Bonds (the “Termination Agreement”), in the form on file with the Clerk of the Board, is hereby approved. Any one of the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, the County Administrator, the Director of Conservation and Development, the Assistant Deputy Director of Conservation and Development and the Affordable Housing Program Manager (collectively, the “Designated Officers”), acting alone, is hereby authorized, for and in the name and on behalf of the County, to execute and deliver the Termination Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Termination Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 11 hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Termination Agreement by the County. Section 4. Pursuant to the Act and the Indenture, the Bonds designated as “County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1” and “County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2,” in an aggregate principal amount of not to exceed $31,121,520, are hereby authorized to be issued. The Bonds shall be executed by the manual or facsimile signature of the Chair of the Board of Supervisors (the “Chair”), in the form set forth in and otherwise in accordance with the Indenture. Section 5. The Indenture among the County, the Trustee, and the Bank (the “Indenture”), in the form on file with the Clerk of the Board, is hereby approved. Any one of the Designated Officers, acting alone, is hereby authorized, for and in the name and on behalf of the County, to execute and deliver the Indenture in said form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Indenture upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 11 hereof, provided that no additions or changes shall authorize an aggregate principal amount of the Bonds in excess of the amount set forth in Section 4 above), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Indenture by the County. The date, maturity date, interest rate or rates, privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Indenture as finally executed. Section 6. The Loan Agreement among the Bank, the County and the Borrower, in the form on file with the Clerk of the Board, is hereby approved. Any one of the Designated Officers, acting alone, is hereby authorized to execute and deliver the Loan Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Loan Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 11 hereof), the approval of such changes to be conclusively evidenced by the execution and delivery of the Loan Agreement by the County. Section 7. The regulatory agreement and declaration of restrictive covenants relating to the Project, between the County and the Borrower (the “Regulatory Agreement”), in the form on file with the Clerk of the Board, is hereby approved. Any one of the Designated Officers is hereby authorized, acting alone, for and in the name and on behalf of the County, to execute and deliver the Regulatory Agreement in said form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Regulatory Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 11 hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Regulatory Agreements by the County. Section 8. The Assignment of Deed of Trust and Related Documents, by the County to the Bank (the “Assignment”), in the form on file with the Clerk of the Board, is hereby approved. Any one of the Designated Officers is hereby authorized, acting alone, for and in the name and on behalf of the County, to execute and deliver the Assignment in said form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Assignment upon consultation with Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 11 hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Assignment by the County. Section 9. The Bonds, when executed, shall be delivered to the Bank (as the purchaser of the Bonds), in accordance with written instructions executed on behalf of the County by any one of the Designated Officers of the County, which instructions said officers are hereby authorized, for and in the name and behalf of the County, to execute and deliver. Such instructions shall provide for the delivery of the Bonds to the Bank upon the funding by the Bank of the initial advance of the purchase price of the Bonds as described in Section 3.03 of the Indenture. Section 10. The law firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the County for the Bonds. The fees and expenses of such firm for matters related to the Bonds shall be payable solely from the proceeds of the Bonds or contributions by the Borrower. Section 11. All actions heretofore taken by the officers and agents of the County with respect to the issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the County, including the Designated Officers, are hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable in order to facilitate the sale of the Project to the Borrower, the defeasance of redemption of the 1998 Bonds and the termination of the 1998 Regulatory Agreement, as well as the lawful issuance and delivery of the Bonds in accordance with this Resolution, including but not limited to any certificates, agreements and other documents described in the Termination Agreement, the Indenture, the Loan Agreement, the Regulatory Agreement or the Assignment, or otherwise necessary to defease and redeem the 1998 Bonds, to terminate the 1998 Regulatory Agreement, to issue the Bonds and to consummate the transactions contemplated by the documents approved by this Resolution. Contact: Kristen Lackey, (925) 674-7793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Quint & Thimmig LLP 2/24/20 03007.47:J16764 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Paul J. Thimmig Quint & Thimmig LLP 900 Larkspur Landing Circle, Suite 270 Larkspur, California 94920-1726 TERMINATION AGREEMENT by and among the COUNTY OF CONTRA COSTA, THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee, and COGGINS SQUARE ASSOCIATES, L.P. dated as of March 1, 2020 relating to: Regulatory Agreement and Declaration of Restrictive Covenants, dated as of November 1, 1998, among the County of Contra Costa, Coggins Square Associates, L.P. and The Bank of New York Mellon Trust Company, N.A., successor to BNY Western Trust Company, as Trustee -1- TERMINATION AGREEMENT This TERMINATION AGREEMENT, dated as of March 1, 2020 (the “Agreement”), is by and among the COUNTY OF CONTRA COSTA (the “County”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., successor to BNY WESTERN TRUST COMPANY, as trustee (the “Trustee”), and COGGINS SQUARE ASSOCIATES, L.P., a California limited partnership (the “Borrower”). RECITALS: WHEREAS, pursuant to an Indenture of Trust, dated as of November 1, 1998, between the County and the Trustee, the County issued its County of Contra Costa Multifamily Housing Revenue Bonds (Coggins Square Apartments), 1998 Series D, Issue I (the “Issue I Bonds”) and its County of Contra Costa Multifamily Housing Revenue Bonds (Coggins Square Apartments), 1998 Series II (the “Issue II Bonds,” and together with the Issue I Bonds, the “Bonds”); and WHEREAS, the proceeds of the Bonds were loaned by the County to the Borrower (the “Loan”) pursuant to a Loan Agreement, dated as of November 1, 1998 (the “Loan Agreement”), among the County, Wells Fargo Bank, National Association, as Bondowner Representative, and the Borrower, and the Borrower used proceeds of the Loan to finance a 78 unit multifamily rental housing facility known as Coggins Square Apartments located at 1316 Las Juntas Way in the unincorporated area of the County (the “Project”); and WHEREAS, in connection with the issuance of the Bonds, the County, the Trustee and the Borrower entered into a Regulatory Agreement and Declaration of Restrictive Covenants, dated as of November 1, 1998 (the “Regulatory Agreement”) and recorded on __________, 1998 in the official records of the County of Contra Costa, State of California, as Instrument No. DOC-1998-______, which Regulatory Agreement sets forth certain terms and conditions relating to the operation of the Project; WHEREAS, the Issue II Bonds have been fully repaid and are no longer outstanding under the Indenture; and WHEREAS, the Borrower is selling the Project to Coggins Square Apartments, L.P., a California limited partnership (the “New Owner”), and is using a portion of the proceeds of the sale of the Project to fully prepay the remaining amounts due on the Loan, which prepayment will result in the redemption of the Issue I Bonds in whole; and WHEREAS, in order to obtain the funds to acquire the Project from the Borrower, the New Owner is obtaining a loan (the “2020 Borrower Loan”) from the County which is issuing its County of Contra Costa, California Multifamily Housing Revenue Bonds (Coggins Square Apartments), 2020 Series C-1 and its County of Contra Costa, California Multifamily Housing Revenue Bonds (Coggins Square Apartments), 2020 Series C-2 (collectively, the “2020 Bonds”) and using the proceeds of the 2020 Bonds to make the 2020 Borrower Loan; and WHEREAS, in connection with the issuance of the 2020 Bonds and the 2020 Borrower Loan, the County and the New Owner are entering into a Regulatory Agreement and Declaration of Restrictive Covenants (the “New Regulatory Agreement”), which New Regulatory Agreement sets forth terms and conditions relating to the operation of the Project, including provisions substantially the same as those in Sections 2, 3 and 4 of the Regulatory Agreement, and is for a term at least as long as the remaining term of the Regulatory Agreement; and -2- WHEREAS, the County and the New Owner have agreed to make the owners of the Bonds beneficiaries of the New Regulatory Agreement, so that the New Regulatory Agreement can supplant the Regulatory Agreement upon its execution and the redemption of the Issue I Bonds; and WHEREAS, the County and the Trustee have received the opinion of Bond Counsel (as defined in the Indenture) to the effect that the execution and delivery of this Agreement and the New Regulatory Agreement, and the termination of the Regulatory Agreement as provided herein, will not adversely affect the exclusion of the interest on the Bonds from the gross incomes of the owners of the Bonds; and WHEREAS, the County and the Borrower now desire to provide for the termination of the Regulatory Agreement as provided herein, and have requested that the Trustee execute this Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: Section 1. Termination. (a) The County, the Trustee and the Borrower hereby agree that the Regulatory Agreement shall cease and terminate. (b) In accordance with the foregoing, the Regulatory Agreement recorded __________, 1998, as Instrument No. DOC-1998-______ in the Official Records of Contra Costa County, State of California, is hereby terminated and is of no further force and effect. (c) From and after the date hereof, none of the County, the Trustee or the Borrower shall have any further rights or obligations under the Regulatory Agreement. Section 2. Execution in Counterparts. This Termination Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. [Signature page to Termination Agreement – Coggins Square] S-1 IN WITNESS WHEREOF, the parties hereto have duly executed this Termination Agreement as of the day and year first written above. COUNTY OF CONTRA COSTA, CALIFORNIA By: John Kopchik, Director, Department of Conservation and Development THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee By: Its: COGGINS SQUARE ASSOCIATES, L.P., a California Limited Partnership By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its General Partner By: Its: 03007.47:J16764 [Notary page to Termination Agreement for Coggins Square – County] NOTARY ACKNOWLEDGMENT State of California ss. County of On , before me, Date Name and Title of Officer (e.g., “Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [Seal] Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. [Notary page to Termination Agreement for Coggins Square – Trustee] NOTARY ACKNOWLEDGMENT State of California ss. County of On , before me, Date Name and Title of Officer (e.g., “Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [Seal] Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. [Notary page to Termination Agreement for Coggins Square – Borrower] NOTARY ACKNOWLEDGMENT State of California ss. County of On , before me, Date Name and Title of Officer (e.g., “Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [Seal] Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Exhibit A EXHIBIT A THE LAND REFERRED TO HEREIN IS SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Quint & Thimmig LLP 2/24/20 03007.47:J16722 INDENTURE OF TRUST by and among COUNTY OF CONTRA COSTA, CALIFORNIA, as Issuer and U.S. BANK NATIONAL ASSOCIATION, as Trustee and UMPQUA BANK, as Bondowner Representative Dated as of March 1, 2020 relating to: $____________ County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 $____________ County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2 -i- TABLE OF CONTENTS ARTICLE I DEFINITIONS AND GENERAL PROVISIONS Section 1.01. Definitions ......................................................................................................................................................... 2 Section 1.02. Rules of Construction ...................................................................................................................................... 9 ARTICLE II THE BOND Section 2.01. Authorization .................................................................................................................................................. 10 Section 2.02. Terms of Bond ................................................................................................................................................. 10 Section 2.03. Payment of Bonds ........................................................................................................................................... 10 Section 2.04. Execution of Bond .......................................................................................................................................... 11 Section 2.05. Transfer of Bonds ........................................................................................................................................... 11 Section 2.06. Bond Register .................................................................................................................................................. 12 ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS Section 3.01. Authentication and Delivery of the Bonds ................................................................................................. 12 Section 3.02. Application of Proceeds of Bonds/Draw Down Provisions .................................................................... 13 Section 3.03. Disbursement of Bond Proceeds; Establishment of Construction Fund ................................................ 14 Section 3.04. Costs of Issuance Fund .................................................................................................................................. 15 Section 3.05. Issuer’s Annual Fee ........................................................................................................................................ 15 ARTICLE IV REDEMPTION OF BOND Section 4.01. Circumstances of Redemption ..................................................................................................................... 15 Section 4.02. No Notice of Redemption ............................................................................................................................. 16 Section 4.03. Effect of Redemption ..................................................................................................................................... 16 ARTICLE V REVENUES Section 5.01. Pledge of Revenues ........................................................................................................................................ 16 Section 5.02. Bond Fund ....................................................................................................................................................... 17 Section 5.03. Investment of Moneys ................................................................................................................................... 17 Section 5.04. Enforcement of Obligations .......................................................................................................................... 18 ARTICLE VI COVENANTS OF THE ISSUER Section 6.01. Payment of Principal and Interest ............................................................................................................... 19 Section 6.02. Preservation of Revenues; Amendment of Documents ............................................................................ 19 Section 6.03. Compliance with Indenture .......................................................................................................................... 19 Section 6.04. Further Assurances ........................................................................................................................................ 19 Section 6.05. No Arbitrage ................................................................................................................................................... 19 Section 6.06. Limitation of Expenditure of Proceeds ....................................................................................................... 19 Section 6.07. Rebate of Excess Investment Earnings to United States ........................................................................... 20 Section 6.08. Limitation on Issuance Costs ........................................................................................................................ 21 Section 6.09. Federal Guarantee Prohibition ..................................................................................................................... 21 Section 6.10. Prohibited Facilities ........................................................................................................................................ 21 Section 6.11. Use Covenant .................................................................................................................................................. 21 Section 6.12. Immunities and Limitations of Responsibility of Issuer .......................................................................... 22 Section 6.13. Limitation of Liability of Issuer and Its Officers, Employees and Agents ............................................. 22 ARTICLE VII DEFAULT Section 7.01. Default Under Loan Agreement; Acceleration .......................................................................................... 23 Section 7.02. Limitation of Liability to Revenues ............................................................................................................. 23 ARTICLE VIII THE TRUSTEE AND AGENTS Section 8.01. Duties, Immunities and Liabilities of Trustee ............................................................................................ 24 Section 8.02. Right of Trustee to Rely Upon Documents, Etc ......................................................................................... 26 Section 8.03. Trustee Not Responsible for Recitals ........................................................................................................... 27 -ii- Section 8.04. Intervention by Trustee ................................................................................................................................. 27 Section 8.05. Moneys Received by Trustee to be Held in Trust ...................................................................................... 28 Section 8.06. Compensation and Indemnification of Trustee, Bondowner Representative and Agents .................. 28 Section 8.07. Qualifications of Trustee ............................................................................................................................... 28 Section 8.08. Removal, Resignation and Appointment of Successor Trustee .............................................................. 29 Section 8.09. Merger or Consolidation of Trustee ............................................................................................................ 30 Section 8.10. Compliance with Laws .................................................................................................................................. 30 Section 8.11. Proprietary or Confidential Information of the Issuer .............................................................................. 30 Section 8.12. Audit and Inspection of Records ................................................................................................................. 30 Section 8.13. Subcontracting ................................................................................................................................................ 30 Section 8.14. Paying Agents ................................................................................................................................................. 30 ARTICLE IX MODIFICATION OF INDENTURE Section 9.01. Modification of Indenture ............................................................................................................................. 31 Section 9.02. Effect of Supplemental Indenture ................................................................................................................ 31 Section 9.03. Opinion of Counsel as to Supplemental Indenture ................................................................................... 31 Section 9.04. Notation of Modification on Bond; Preparation of New Bond ............................................................... 31 ARTICLE X DEFEASANCE Section 10.01. Discharge of Indenture .................................................................................................................................. 32 Section 10.02. Payment of Bond after Discharge of Indenture ......................................................................................... 32 ARTICLE XI MISCELLANEOUS Section 11.01. Successors of the Issuer ................................................................................................................................. 32 Section 11.02. Limitation of Rights to Parties and Bondowner ........................................................................................ 32 Section 11.03. Waiver of Notice ............................................................................................................................................. 33 Section 11.04. Destruction of the Bond ................................................................................................................................. 33 Section 11.05. Separability of Invalid Provisions ................................................................................................................ 33 Section 11.06. Notices ............................................................................................................................................................. 33 Section 11.07. Authorized Representatives ......................................................................................................................... 34 Section 11.08. Evidence of Rights of Bondowner ............................................................................................................... 34 Section 11.09. Waiver of Personal Liability ......................................................................................................................... 35 Section 11.10. Holidays ........................................................................................................................................................... 36 Section 11.11. Execution in Several Counterparts .............................................................................................................. 36 Section 11.12. Governing Law, Venue .................................................................................................................................. 36 Section 11.13. Successors ........................................................................................................................................................ 36 Section 11.14. Non-Waiver of Rights .................................................................................................................................... 36 EXHIBIT A FORM OF BOND EXHIBIT B FORM OF INVESTOR LETTER EXHIBIT C FORM OF CONSTRUCTION FUND DISBURSEMENT REQUEST -1- INDENTURE OF TRUST THIS INDENTURE OF TRUST, dated as of March 1, 2020 (this “Indenture”), is by and among the COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic, organized and existing under the laws of the State of California (together with its successors and assigns, the “Issuer”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as Trustee hereunder (together with any successor trustee hereunder and their respective successors and assigns, the “Trustee”), and UMPQUA BANK, an Oregon banking corporation, as Bondowner Representative (in such capacity, herein called the “Bondowner Representative”) and as initial purchaser of the Bonds issued hereunder (in such capacity, herein called the “Bank”). RECITALS: WHEREAS, pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the “Act”), the Issuer is empowered to issue bonds to finance the acquisition, construction, rehabilitation and development of multifamily rental housing for persons of low and moderate income; and WHEREAS, the Issuer proposes to issue in accordance with the Act, its County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 and its County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2 (together, the “Bonds”); and WHEREAS, Coggins Square Apartments, L.P., a California limited partnership (the “Borrower”), has applied to the Issuer for financial assistance for the purpose of providing all or part of the funds with which to pay the costs of the acquisition and rehabilitation of an 86 unit (plus one manager’s unit) multifamily rental housing project located at 1316 Las Juntas Way, in unincorporated Contra Costa County, California, known as Coggins Square Apartments (the “Project”); and WHEREAS, the funding of the Loans (as hereinafter defined), is authorized by the Act and will accomplish a valid public purpose of the Issuer, and the Issuer has determined that it is in the public interest to issue the Bonds in the maximum principal amount of $31,121,520 for the purpose of providing funding necessary for the acquisition and rehabilitation of the Project; and WHEREAS, pursuant to a Construction and Term Loan Agreement (as defined herein) dated as of even date herewith among the Issuer, the Bondowner Representative and the Borrower, the Issuer has agreed to issue the Bonds and lend the proceeds thereof to the Borrower to be evidenced by a Promissory Note (Construction Note) evidencing a Construction Loan in the principal amount of $__________, and by a Promissory Note (Convertible Note) in the principal amount of $__________ (together, the “Loans”) and the Borrower has agreed to (a) apply the proceeds of the Loans to pay costs of acquisition and rehabilitation of the Project, (b) make payments sufficient to pay the principal of and interest on the Bonds when due (whether at maturity, by redemption, acceleration or otherwise), and (c) observe the other covenants and agreements and make the other payments set forth therein; and WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and to secure the payment of the principal thereof and of the interest and premium, if any, thereon, the Issuer has authorized the execution and delivery of this Indenture; and -2- WHEREAS, the Issuer has determined that all conditions, things and acts required by the Act, and by all other laws of the State, to exist, have happened and have been performed in satisfaction of conditions precedent to and in connection with the issuance of the Bonds exist, have happened, and have been performed in due time, form and manner as required by law, and the Issuer is duly authorized and empowered, pursuant to each and every requirement of law, to issue the Bonds for the purpose, in the manner and upon the terms herein provided; and WHEREAS, the Issuer has determined that all acts and proceedings required by law necessary to make the Bonds, when executed by the Issuer, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal limited obligation of the Issuer, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth, in accordance with its terms, have been done and taken, and the execution and delivery of this Indenture have been in all respects duly authorized. A G R E E M E N T: NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of, and the interest and premium, if any, on, the Bonds at any time issued and Outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and for and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the owners thereof, and for other valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Issuer covenants and agrees with the Trustee, for the equal and proportionate benefit of the respective registered owners from time to time of the Bonds, as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.01 shall, for all purposes of this Indenture and of the Loan Agreement and of any indenture supplemental hereto or agreement supplemental thereto, have the meanings herein specified, as follows: The term “Act” shall mean Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California as in effect on the Closing Date. The term “Affiliate” shall mean, as to any person, any other person that, directly or indirectly, is in Control of, is Controlled by or is under common Control with such person. The term “Agreement” or “Loan Agreement” shall mean the Construction and Term Loan Agreement, dated as of March 1, 2020, among the Issuer, the Borrower and the Bondowner Representative, pursuant to which the Issuer agrees to lend the proceeds of the Bonds to the Borrower, as originally executed or as it may from time to time be supplemented or amended in accordance with its terms. The term “Annual Fee,” when used with reference to the Issuer, means the Issuer’s ongoing annual fee as set forth in Section 7(d) of the Regulatory Agreement. The term “Authorized Amount” shall mean $____________ with respect to the Series 2020C-1 Bond, the authorized maximum principal amount of the Series 2020C-1 Bond; and shall -3- mean $__________ with respect to the Series 2020C-2 Bond, the authorized maximum principal amount of the Series 2020C-2 Bond. The term “Authorized Issuer Representative” shall mean the Chair or the Vice Chair of the Board of Supervisors of the Issuer, the County Administrator, the Director of the Department of Conservation and Development of the County, the Assistant Deputy Director of the Department of Conservation and Development of the County, the County’s Affordable Housing Project Manager, or such other person who at the time and from time to time may be designated to act on behalf of the Issuer by written certificate furnished to the Borrower, the Bondowner Representative and the Trustee containing the specimen signature of such person and signed on behalf of the Issuer by an Authorized Issuer Representative, which certificate may designate an alternate or alternates, each of whom shall be entitled to perform all of the duties of the Authorized Issuer Representative. The term “Authorized Borrower Representative” shall mean any person who at the time and from time to time may be designated as such, by written certificate furnished to the Issuer, the Bondowner Representative and the Trustee containing the specimen signature of such person and signed on behalf of the Borrower by __________ of the Sole Member/Manager of the General Partner of the Borrower, which certificate may designate an alternate or alternates and such persons as designated in the Loan Agreement. The term “Bank” shall mean Umpqua Bank and any successor and assign thereof as owner of the Bonds. The term “Bonds” shall mean, collectively, the Series 2020C-1 Bond and the Series 2020C-2 Bond, each as issued and Outstanding hereunder. The term “Bond Counsel” shall mean (i) Quint & Thimmig LLP, or (ii) any attorney at law or other firm of attorneys selected by the Issuer, of nationally recognized standing in matters pertaining to the federal tax status of interest on bonds issued by states and political subdivisions, and duly admitted to practice law before the highest court of any state of the United States of America, but shall not include counsel for the Borrower. The term “Bond Fund” shall mean the fund by that name established pursuant to Section 5.02 hereof. The term “Bondowner Representative” shall mean Umpqua Bank, an Oregon banking corporation, and any successor entity that is the owner of the Bonds or any entity selected by the owner of the Bonds. The term “Bond Proceeds Account” shall mean the Bond Proceeds Account of the Construction Fund established under Section 3.03 hereof. The term “Bond Year” shall mean the one year period beginning on March 1 in each year and ending on the last day of February, in the following year, except that the first Bond Year shall begin on the Closing Date and end on February 28, 2021. The term “Borrower” or “Borrower” shall mean Coggins Square Apartments, L.P., a California limited partnership, and its respective successors and assigns under the applicable provisions of the Loan Agreement and the Regulatory Agreement. -4- The term “Business Day” means a day of the week (but not a Saturday, Sunday, or holiday) on which the offices of Bank at the location of the Bank in Section 11.06 are open to the public for carrying on substantially all of Bank’s business functions. The term “Certificate of the Issuer” shall mean a certificate of the Issuer signed by an Authorized Issuer Representative. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. The term “Certified Resolution” shall mean a copy of a resolution of the Issuer, certified by the Clerk of the Board of Supervisors, to have been duly adopted by the Issuer and to be in full force and effect on the date of such certification. The term “Closing Date” shall mean March __, 2020, the date of initial delivery of the Bonds and funding of the Initial Disbursement. The term “Code” or “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended, and with respect to a specific section thereof, such reference shall be deemed to include (a) the regulations promulgated by the United States Department of the Treasury under such section, (b) any successor provision of similar import hereafter enacted, (c) any corresponding provision of any subsequent Internal Revenue Code and (d) the regulations promulgated under the provisions described in (b) and (c). The term “Construction Fund” shall mean the fund by that name established pursuant to Section 3.03 hereof which includes (i) a Bond Proceeds Account and (ii) an Equity Account. The term “Control” shall mean, with respect to any person, either (i) ownership directly or through other entities of more than 50% of all beneficial equity interest in such person, or (ii) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, through the ownership of voting securities, by contract or otherwise. The term “Conversion Date” shall have the meaning set forth in the Loan Agreement. The term “Costs of Issuance Fund” shall mean the fund by that name established pursuant to Section 3.04 hereof. The term “County” shall mean the County of Contra Costa, California. The term “Debt Service” shall mean the scheduled amount of interest and amortization of principal payable on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. The term “Deed of Trust” shall mean the Construction and Permanent Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing, executed by the Borrower in favor of the Issuer (and assigned by the Issuer without recourse to the Trustee) for the purpose of securing the obligations of the Borrower under the Loan Agreement, as such deed of trust may be originally executed or as from time to time supplemented or amended. The term “Default Rate” means the interest rate then in effect on respective series of the Bonds plus 5%, not to exceed the Maximum Rate. -5- The term “Disbursed Amount” means the portion of the Loans and the Bonds funded and Outstanding from time to time, as indicated on the Bonds and in the records of the Trustee. The term “Equity Account” shall mean the Equity Account of the Construction Fund established under Section 3.03 hereof. The term “Event of Default” as used herein with respect to defaults under the Loan Agreement shall have the meaning specified in Section 9 thereof. The term “Fair Market Value” means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm’s length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of Section 1273 of the Code) and, otherwise, the term “Fair Market Value” means the acquisition price in a bona fide arm’s length transaction (as referenced above) if (a) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (b) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (c) the investment is a United States Treasury Obligation State and Local Government Series that is acquired in accordance with applicable regulations of the United States Department of the Treasury, Bureau of Public Debt, or (d) the investment is the Local Agency Investment Fund of the State of California, but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. The term “Holder,” “holder,” “owner” or “Bondowner” shall mean, with respect to any Bond, the person in whose name such Bond is registered. The term “Indenture” shall mean this Indenture of Trust, as originally executed or as it may from time to time be supplemented, modified or amended by any supplemental indenture entered into pursuant to the provisions hereof. The term “Initial Disbursement” means the initial advance of the proceeds of the Bonds on the Closing Date. The term “Interest Payment Date” shall mean the first Business Day of each month, commencing April 1, 2020. The term “Investment Securities” shall mean any of the following (including any funds comprised of the following, which may be funds maintained or managed by the Trustee and its affiliates), but only to the extent that the same are acquired at Fair Market Value: (a) United States Treasury notes, bonds, bills, or those for which the full faith and credit of the United States, its agencies, its instrumentalities, or organizations created by an act of Congress, are pledged for the payment of principal and interest (including State and Local Government Series); (b) shares of an investment company (1) registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, (2) whose only investments are in (i) securities described in the preceding clause (a), (ii) general obligation tax exempt securities rated “A” or better by -6- the Rating Agency, or (iii) repurchase agreements or reverse repurchase agreements fully collateralized by those securities if the repurchase agreements or reverse repurchase agreements are entered into only with those primary reporting dealers to report to the Federal Reserve Bank of New York and with the 100 largest United States commercial banks, and (3) which are rated “Am” or “Am g” or better by the Rating Agency, including money market funds for which the Trustee and its affiliates provide investment advisory or other management services; (c) any security which is a general obligation of any state or any local government with taxing powers which is rated “A” or better by the Rating Agency; (d) commercial paper issued by United States corporations or their Canadian subsidiaries that is rated “A 1” by the Rating Agency and matures in 270 days or less; (e) U.S. dollar denominated deposit accounts, federal funds or bankers acceptances with domestic commercial banks which may include the Trustee and its affiliates which have a rating on their short term certificates of deposit on the date of purchase of “P-1” by Moody’s and “A-1” or “A-1+” by S&P (for purposes of rating, ratings on holding companies are not considered as the rating of the bank); or (f) any other investment which is a lawful investment for funds of the Issuer hereunder approved in writing by the Bondowner Representative. The term “Investor Letter” shall mean a letter from a purchaser of the Bonds in the form of Exhibit B hereto. The term “Issuance Costs” shall mean all costs and expenses of issuance of the Bonds, including, but not limited to: (a) underwriters’ discount and fees; (b) counsel fees, including Bond Counsel and Borrower’s counsel, as well as any other specialized counsel fees incurred in connection with the issuance of the Bonds or the funding of the Loans; (c) the Issuer’s issuance fee (being 0.125% of the aggregate maximum authorized principal amount of the Bonds) plus expenses incurred in connection with the issuance of the Bonds, including fees of any counsel or advisor to the Issuer, and the Issuer administrative fee for processing the request of the Borrower to issue the Bonds; (d) Bondowner Representative’s fees and Bondowner Representative’s counsel fees; (e) Trustee’s fees and Trustee’s counsel fees; (f) paying agent’s and certifying and authenticating agent’s fees related to issuance of the Bonds; (g) accountant’s fees related to issuance of the Bonds; (h) fees and expenses of Bank’s counsel; (i) publication costs associated with the financing proceedings; and (j) costs of any engineering and feasibility studies necessary to the issuance of the Bonds. The term “Issuer” shall mean the County of Contra Costa, California, a public body, corporate and politic, organized and existing under the laws of the State, together with any assigns or successors thereto. The term “Loan Agreement” shall mean the Construction and Term Loan Agreement, dated as of March 1, 2020, among the Issuer, the Borrower and the Bondowner Representative, pursuant to which the Issuer agrees to lend the proceeds of the Bonds to the Borrower, as originally executed or as it may from time to time be supplemented or amended in accordance with its terms. The term “Loan Documents” shall have the meaning given such term in the Loan Agreement. -7- The term “Loans” shall mean, collectively, the loan of the proceeds of the Series 2020C-1 Bond and the loan of the proceeds of the Series 2020C-2 Bond made by the Issuer to the Borrower pursuant to the Loan Agreement for the purpose of financing the acquisition and rehabilitation by the Borrower of the Project. The term “Maturity Date” shall mean, as to the Series 2020C-1 Bond, ____________ 1, ____, and as to the Series 2020C-2 Bond, ____________ 1, ____. The term “Maximum Rate” shall mean the lesser of (i) 12% per annum or (ii) the maximum interest rate permitted by applicable law. The term “Notes” shall mean, collectively, the Series 2020C-1 Note and the Series 2020C- 2 Note, evidencing the obligation of the Borrower to repay the Loans in the forms required by the Loan Agreement, as amended or supplemented from time to time. The term “Opinion of Counsel” shall mean a written opinion of counsel, who may be counsel for the Issuer, Bond Counsel, counsel for the Trustee or counsel for the Bondowner Representative. The term “Outstanding,” when used as of any particular time with reference to a Bond, shall mean a principal amount of the respective Bond equal to the purchase price paid by the Bondowner Representative to the Trustee for such Bond under this Indenture except: (a) Any portion of the Bond theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Any portion of the Bond for the payment or redemption of which moneys or securities in the necessary amount (as provided in Section 10.01) shall have theretofore been deposited with the Trustee (whether upon or prior to the maturity or the redemption date of such Bond); and (c) A Bond in lieu of or in substitution for which another Bond shall have been authenticated and delivered by the Trustee pursuant to the terms of Section 2.05. The term “Person” or “person” shall mean an individual, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, a trust, an unincorporated organization or a government or any agency or political subdivision thereof. The term “Principal Office” shall mean the principal office of the Trustee located at the address set forth in Section 11.06 hereof, or at such other place as the Trustee shall designate by notice given under said Section 11.06. The term “Principal Payment Date” shall mean any date on which principal of the either of Loans is due and payable under the respective Note. The term “Project” means the multifamily rental housing facility to be acquired and rehabilitation by the Borrower with the proceeds of the Loan located at 1316 Las Juntas Way in unincorporated Contra Costa County, California, including structures, buildings, fixtures or equipment, as it may at any time exist, and any structures, buildings, fixtures or equipment acquired in substitution for, as a renewal or replacement of, or a modification or improvement to, all or any part of such facilities, and a fee interest in the land on which such housing is situated. The term “Project Costs” has the meaning given such term in the Regulatory Agreement. -8- The term “Qualified Project Costs” shall have the meaning given such term in the Regulatory Agreement. The term “Rating Agency” shall mean S&P Global Ratings, or its successors and assigns or, if such entity shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, any other nationally recognized rating agency designated by the Issuer. The term “Rebate Analyst” shall mean any certified public accountant, financial analyst or bond counsel, or any firm of the foregoing, or financial institution (which may include the Trustee) experienced in making the arbitrage and rebate calculations required pursuant to Section 148 of the Code, selected by and at the expense of the Borrower to make the computations required under Section 6.07 of this Indenture and Section 2(h) of the Regulatory Agreement. The term “Rebate Fund” shall mean the fund by that name established pursuant to Section 6.07 hereof. The term “Redemption Date” shall mean any date designated as a date upon which the Bond is to be redeemed pursuant to this Indenture. The term “Regulations” shall mean the Income Tax Regulations promulgated or proposed by the Department of the Treasury pursuant to the Code from time to time or pursuant to any predecessor statute to the Code. The term “Regulatory Agreement” shall mean that Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, by and between the Issuer and the Borrower related to the Project, as amended, supplemented or restated from time to time. The term “Reserved Rights” means those certain rights of the Issuer, its officers, Supervisors, officials, attorneys, accountants, employees, agents and consultants under the Loan Documents to indemnification and to payment or reimbursement of fees and expenses of the Issuer, including the Issuer’s Annual Fee, as well as the fees and expenses of counsel and indemnity payments, its right to give and receive notices and to enforce notice and reporting requirements and restrictions on transfer of ownership, its right to inspect and audit the books, records and premises of the Borrower and of the Project, its right to collect attorney’s fees and related expenses, its right to specifically enforce the Regulatory Agreement and the Borrower’s covenants to comply with applicable federal tax law and State law (including the Act and the rules and regulations of the Issuer), its rights to give or withhold consent to amendments, changes, modifications and alterations to the Loan Documents as specifically set forth herein and therein, and to the extent not included above, the rights specifically reserved by the Issuer under this Indenture and the Regulatory Agreement. The term “Responsible Officer” of the Trustee or the Bondowner Representative shall mean any officer of the Trustee or the Bondowner Representative, as the case may be, assigned to administer its duties hereunder. The term “Revenues” means payments of principal of and premium, if any, and interest on the Bond, consisting of any repayments of the Loans required or permitted to be made by the Borrower pursuant to the Notes and the Loan Agreement; but such term shall not include payments to the United States, the Trustee, the Issuer or the Bondowner Representative pursuant to Sections 4.4, 4.5, 4.9, 7.33.3, and 12.2 of the Loan Agreement, Sections 6.07 or 8.06 hereof or pursuant to the Regulatory Agreement. -9- The term “Series 2020C-1 Bond” means the Issuer’s Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 in the original principal amount of $____________. The term “Series 2020C-1 Note” means that Promissory Note (Construction Note) dated the Closing Date in the original principal amount of $____________ by the Borrower in favor of the Issuer, as it may be amended or supplemented from time to time. The term “Series 2020C-2 Bond” means the Issuer’s Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2 in the original principal amount of $____________. The term “Series 2020C-2 Note” means that Promissory Note (Convertible Note) dated the Closing Date in the original principal amount of $____________ by the Borrower in favor of the Issuer, as it may be amended or supplemented from time to time. The term “Sophisticated Investor” means: (i) Umpqua Bank; (ii) any Affiliate of Umpqua Bank; or (iii) a “qualified institutional buyer” (a “QIB”) as defined in Rule 144A promulgated under the Securities Act of 1933, as amended. The term “State” means the State of California. The term “supplemental indenture” or “indenture supplemental hereto” shall mean any indenture hereafter duly authorized and entered into by and among the Bondowner Representative, the Issuer and the Trustee in accordance with the provisions of this Indenture. The term “Tax Certificate” means the Certificate as to Arbitrage and Tax Compliance Procedures, executed and delivered by the Issuer and the Borrower on the Closing Date. The term “Trustee” shall have the meaning given to such term in the first paragraph of this Indenture. The term “Variable Rate” has the meaning ascribed to the term “Variable Rate” in the Notes. The terms “Written Consent,” “Written Demand,” “Written Direction,” “Written Election,” “Written Notice,” “Written Order,” “Written Request” and “Written Requisition” of the Issuer or the Borrower shall mean, respectively, a written consent, demand, direction, election, notice, order, request or requisition signed on behalf of the Issuer by an Authorized Issuer Representative, or on behalf of the Borrower by an Authorized Borrower Representative. Section 1.02. Rules of Construction. (a) The singular form of any word used herein, including the terms defined in Section 1.01, shall include the plural, and vice versa, unless the context otherwise requires. The use herein of a pronoun of any gender shall include correlative words of the other genders. (b) All references herein to “Articles,” “Sections” and other subdivisions hereof are to the corresponding Articles, Sections or subdivisions of this Indenture as originally executed; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. (c) The headings or titles of the several Articles and Sections hereof, and any table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Indenture. -10- ARTICLE II THE BONDS Section 2.01. Authorization. There is hereby authorized to be issued a bond of the Issuer comprised of two series designated as “County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1” (the “Series 2020C-1 Bond”) in the maximum principal amount of up to $____________ and “County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2” (the “Series 2020C-2 Bond”) in the maximum principal amount of up to $____________, subject to funding over time, as provided herein. No Bond may be issued hereunder except in accordance with this Article. The maximum principal amount for each series of the Bonds which may be issued and Outstanding under this Indenture shall not exceed the Authorized Amount for such series. Section 2.02. Terms of Bond. The Bonds shall be substantially in the form set forth in Exhibit A hereto with necessary or appropriate variations, omissions and insertions as permitted or required by this Indenture, including any supplemental indenture. The Bonds shall be issuable only as a single fully registered Bond of each series, without coupons in the principal amount equal to the aggregate of the purchase price of the Bond advanced from time to time by the owner of the Bond (which principal amount shall be, on the Closing Date, equal to the amount of the Initial Disbursement). Notwithstanding the foregoing, no purchase price of a Bond shall be funded after March 1, 2023 unless there is delivered to the Trustee an opinion of Bond Counsel to the effect that such funding will not adversely affect the exclusion from gross income for purposes of federal income taxation of interest on the Bonds. The Bonds shall be dated the Closing Date, shall mature on the applicable Maturity Date, and shall be subject to redemption prior to maturity as provided in Article IV. The Bond shall bear interest, payable on each Interest Payment Date, from the Closing Date to the Maturity Date at the Variable Rate as determined by the Bondowner Representative pursuant to the terms of the Note (subject to such exceptions and conditions as are set forth in the Note) and communicated to the Borrower, the Trustee and the Bondowner on the Closing Date and promptly following the first day of each calendar month. Notwithstanding the foregoing, the Bond shall bear interest at the rate set forth in Section 2 of the Note under the conditions set forth in that Section and upon the occurrence of an Event of Default under the Loan Agreement, the Bond shall bear interest at the Default Rate. In no event may the interest rate on the Bond exceed the Maximum Rate. Interest on the Bond shall be computed on the basis of a 360 day year and actual days elapsed. The Bond shall bear interest from the date to which interest has been paid on the Bond next preceding the date of its authentication, unless it is authenticated as of an Interest Payment Date for which interest has been paid, in which event it shall bear interest from such Interest Payment Date, or unless it is authenticated on or before the first Interest Payment Date, in which event it shall bear interest from the Closing Date. Upon the initial issuance of the Bonds, the Trustee shall authenticate and deliver the Bonds to the Bank, as the initial registered owner, and the Bonds shall not be subject to any book entry system. Section 2.03. Payment of Bonds. Payment of the principal of and interest on the Bonds shall be made in lawful money of the United States to the person appearing on the Bond registration books of the Trustee as the registered owner thereof on the applicable Interest -11- Payment Date, such principal and interest to be paid by check mailed on the Interest Payment Date by first class mail, postage prepaid, to the registered owner at its address as it appears on such registration books, except that the Trustee may, at the request of any registered owner of Bonds, make payments of principal and interest on the Bonds by wire transfer to the account within the United States designated by such owner to the Trustee in writing, any such designation to remain in effect until withdrawn in writing. Notwithstanding the foregoing, unless otherwise notified in writing by the Bondowner Representative, the Trustee shall make all payments of principal of and interest on the Bonds to the Bondowner Representative to the extent funds are on deposit with the Trustee for such payments under this Indenture. Section 2.04. Execution of Bond. The Bonds shall be executed on behalf of the Issuer by the manual or facsimile signature of the Chair of the Board of Supervisors of the Issuer. Any facsimile signature shall have the same force and effect as if said person had manually signed the Bonds. In case any officer whose manual or facsimile signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery, and also any Bond may bear the facsimile signatures of, or may be signed by, such Person as at the actual time of the execution of such Bond shall be the proper officer to sign such Bond although at the date of such Bond such Person may not have been such officers. Only Bonds as shall bear thereon a certificate of authentication in the form set forth in Exhibit A, manually executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture and such certificate of the Trustee shall be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. Section 2.05. Transfer of Bonds. (a) The Bonds may, in accordance with the terms of this Indenture but in any event subject to the provisions of Section 2.05(b) hereof, be transferred upon the registration books of the Trustee required to be kept pursuant to the provisions of Section 2.06, by the person in whose name they are registered, in person or by such person’s duly authorized attorney, upon surrender of the Bonds for cancellation at the Principal Office of the Trustee, accompanied by a written instrument of transfer in a form acceptable to the Trustee, duly executed. Whenever a Bond shall be surrendered for transfer, the Issuer shall execute and the Trustee shall authenticate and deliver a new, fully registered Bond of the same series. (b) The following shall apply to all transfers of the Bonds after the initial delivery of the Bonds: (i) the Bonds, in the form attached hereto as Exhibit A, shall be a physical certificated instruments, and shall not be held in a book entry only system unless approved in advance in writing by the Issuer and the Bondowner Representative, each in its sole discretion; (ii) the Bonds shall be transferred only in whole and only to a Sophisticated Investor; (iii) each transferee of the Bonds shall deliver to the Issuer and the Trustee an Investor Letter, wherein the transferee agrees, among other matters, not to sell participating interests in the Bonds without the prior written consent of the Issuer and warrants that it is a Sophisticated Investor; and -12- (iv) the Trustee shall not authenticate or register a Bond unless the conditions of this Section 2.05(b) have been satisfied. (c) The Trustee shall require the payment by the Owner of the Bonds requesting any such transfer of any tax, fee or other governmental charge required to be paid with respect to such transfer, but any such transfer shall otherwise be made without charge to the Owner requesting the same. The cost of printing any Bonds and any services rendered or any expenses incurred by the Trustee in connection therewith shall be paid by the Borrower. (d) The Bondowner Representative shall indemnify and defend the Issuer, and the Supervisors, officers, directors, employees, attorneys and agents of the Issuer against any claim brought by any transferor or transferee of the Bonds in respect of the Bonds, this Indenture or any of the Loan Documents in the event that there occurs a transfer of any Bond that is not permitted pursuant to this Section 2.05. Failure to comply with Section 2.05(b) shall cause any purported transfer to be null and void. Notwithstanding Section 2.05(b)(iii) above, the owner of the Bond may sell participation interests in a Bond, provided that: (i) such owner shall remain the owner of record in the register of the Trustee following the sale of any such participation interest; (ii) the purchaser of the participation interest is a Sophisticated Investor; (iii) any such participation shall be in a principal amount no less than the lesser of $250,000 or the Outstanding principal amount of the applicable series of the Bonds; and (iv) the purchaser of such participation interest shall provide an Investor Letter to the Issuer and the Trustee substantially in the form of Exhibit B hereto. Section 2.06. Bond Register. The Issuer hereby appoints the Trustee as registrar and authenticating agent for the Bonds. The Trustee will keep or cause to be kept at its Principal Office sufficient books for the registration, notation of principal and transfer of the Bonds, which shall at all reasonable times upon reasonable notice be open to inspection by the Issuer and the Borrower; and, upon presentation for such purpose, the Trustee as registrar shall, under such reasonable regulations as it may prescribe, transfer or cause to be transferred, on said books, the Bonds as hereinbefore provided. The ownership of the registered Bonds shall be proved by the bond registration books held by the Trustee. The Trustee and the Issuer may conclusively assume that such ownership continues until written notice to the contrary is served upon the Trustee. The fact and the date of execution of any request, consent or other instrument and the amount and distinguishing numbers of the Bonds held by the person so executing such request, consent or other instrument may also be proved in any other manner which the Trustee may deem sufficient. The Trustee may nevertheless, in its discretion, require further proof in cases where it may deem further proof desirable. Any request, consent, or other instrument or writing of the Holder of any Bond shall bind every future Holder of the Bond and the Holder of every Bond issued in exchange thereof or in lieu thereof, in respect of anything done or suffered to be done by the Trustee or the Issuer in accordance therewith or reliance thereon. ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS Section 3.01. Authentication and Delivery of the Bonds. Upon the execution and delivery of this Indenture, the Issuer shall execute the Bonds and deliver them to the Trustee. Upon satisfaction of the conditions set forth in this Section, and without any further action on the -13- part of the Issuer, the Trustee shall authenticate a single Bond for each series of the Bonds in a principal amount not exceeding the applicable Authorized Amount, and shall deliver the Bonds pursuant to a Written Order of the Issuer. Prior to the authentication and delivery of the Bonds by the Trustee, the initial owner of the Bonds shall have executed and delivered to the Trustee an Investor Letter and there shall have been delivered to the Trustee each of the following: (i) a Certified Resolution authorizing issuance and sale of the Bonds and execution and delivery by the Issuer of the Indenture, the Loan Agreement and the Regulatory Agreement; (ii) copies of executed counterparts of this Indenture, the Loan Agreement, the Deed of Trust, the Regulatory Agreement and all of the other Loan Documents (as defined in the Loan Agreement), all in form and content satisfactory to the Bondowner Representative (as evidenced by the authentication and delivery of the Bond to the Bondowner Representative and acceptance thereof), and the original executed Notes; (iii) a Written Order of the Issuer to the Trustee to authenticate and deliver the Bonds as directed in such Written Order, upon payment of the Initial Disbursement by the Bondowner Representative and transfer thereof to the Trustee, for credit to the Bond Proceeds Account of the Construction Fund, and immediate disbursement into escrow with Old Republic Title Company; (iv) evidence satisfactory to the Issuer of arrangements to pay all costs associated with the issuance and sale of the Bonds; and (v) an opinion of Bond Counsel with respect to the due execution and delivery of the Indenture, Loan Agreement and the Bonds and the exclusion from gross income of the Bondowner of interest on the Bonds for federal income tax purposes. Section 3.02. Application of Proceeds of Bonds/Draw Down Provisions. The Initial Disbursement and subsequent disbursements of the proceeds received from the sale of the Bonds shall be made in accordance with Section 3.03 of this Indenture. The Bondowner Representative shall fund the purchase price of the Bonds from time to time by funding advances of the Loans pursuant to the Loan Agreement with advances of purchase price allocated first to fund the Series 2020C-1 Bonds and then the Series 2020C-2 Bonds, with amounts allocated to the Series 2020C-1 Bond used to fund the portion of the Loans evidenced by the Series 2020C-1 Note and amounts allocated to the Series 2020C-2 Bond used to fund the portion of the Loans evidenced by the Series 2020C-2 Note. Amounts funded in such manner shall be deposited by the Bondowner Representative with the Trustee and shall be deposited into the Bond Proceeds Account of the Construction Fund in accordance with Section 3.03(a) of this Indenture. The Trustee shall note such amount in its records, and the Trustee’s records, absent manifest error, shall be dispositive of the amount Outstanding. Such amounts shall constitute the Disbursed Amount, and shall begin to accrue interest, only upon disbursement by the Bondowner Representative to the Trustee for deposit in the Bond Proceeds Account of the Construction Fund. Notwithstanding anything herein to the contrary, the aggregate purchase price of each series of the Bonds funded by the Bondowner Representative may not exceed the Authorized Amount for such series of the Bonds (and the Trustee shall not record any advances which would cause the principal amount of a series of the Bonds to exceed such applicable Authorized Amount). In no event may additional advances of the purchase price of the Bonds be funded after March 1, 2023 unless there is delivered to the Trustee an opinion of Bond Counsel to the effect that such funding will not adversely affect the exclusion from gross income for purposes of federal income taxation of interest on the Bonds. -14- Section 3.03. Disbursement of Bond Proceeds; Establishment of Construction Fund. There is hereby created and established with the Trustee a separate fund which shall be designated the “Construction Fund,” which fund shall be applied only as provided in this Section. Within the Construction Fund there shall be created a Bond Proceeds Account, a Standard Equity Account and a Conversion Equity Account to be held by the Trustee. The Initial Disbursement on the Closing Date shall be disbursed by the Bondowner Representative pursuant to the Loan Agreement and remitted to the Trustee for deposit by the Trustee to the Bond Proceeds Account of the Construction Fund for payment to or upon the order of the Borrower to pay Qualified Project Costs. (a) The Bondowner Representative shall fund the Loans from time to time in accordance with the Loan Agreement. Each advance of the Loans shall be treated as a concurrent funding of Bondowner Representative’s purchase of a further drawdown of the related Bond. The Bondowner Representative shall deposit the proceeds of each drawdown on the Bonds with the Trustee for deposit into the Bond Proceeds Account of the Construction Fund. The Trustee shall deposit moneys received from or on behalf of the Borrower to the Standard Equity Account or the Conversion Equity Account, as applicable, of the Construction Fund. Funds on deposit in the Construction Fund, and any interest earnings thereon, shall be transferred by the Trustee to the Borrower (or, at the direction of the Bondowner Representative, to such contractors or subcontractors as specified in writing to the Trustee by the Bank) (i) for the payment of Project Costs (as defined in the Regulatory Agreement), (ii) in the case of funds held in the Standard Equity Account, for such other purposes requested by the Borrower, and (iii) in the case of the Conversion Equity Account, to prepay the Series 2020C-2 Note on the Conversion Date, as directed in writing by the Bank. (b) The Issuer hereby authorizes and directs the disbursement by the Trustee of the amounts deposited in the Construction Fund in accordance with this Indenture to or upon the order of the Borrower (or, at the direction of the Bondowner Representative, to such contractors or subcontractors as specified in writing to the Trustee by the Bank) from time to time upon receipt by the Trustee of a written request of the Borrower, accompanied by a disbursement request in the form attached hereto as Exhibit C, and a determination of the Bondowner Representative that the conditions to disbursement contained in the Loan Agreement have been satisfied or waived. Notwithstanding the foregoing, prior to delivery of the Construction Completion Certificate, the Trustee shall disburse payments of interest on the Bonds when due from the Construction Fund without the need for a completed disbursement request. (c) The Trustee shall maintain, or cause to be maintained, complete and accurate records regarding the disbursement of the proceeds of the Bonds in accordance with Section 3.02 and this Section 3.03 hereof, and shall provide copies thereof to the Issuer, the Bondowner Representative and the Borrower upon their written request. Additionally, the Trustee shall provide the Issuer upon its written request with a monthly statement regarding activity in each of the funds and accounts created under this Indenture, including the Construction Fund and the Bond Fund in the immediately preceding month. (d) The Trustee, the Bondowner Representative and the Issuer shall not be responsible for the application by the Borrower of monies disbursed to the Borrower in accordance with this Section 3.03. (e) Following receipt of a Completion Certificate (as defined in the Regulatory Agreement) from the Borrower, the Trustee shall transfer any amounts remaining in the -15- Construction Fund to the Bond Fund. Upon such transfer, the Construction Fund shall be closed. If an Event of Default under and as defined in the Loan Agreement occurs and the maturity of the Bonds is accelerated in accordance with Section 4.01(b) hereof, the Trustee will, to the extent necessary, use moneys in the Construction Fund and Bond Fund to make payments on the Bonds. Section 3.04. Costs of Issuance Fund. There is hereby created and established with the Trustee a separate fund which shall be designated the “Costs of Issuance Fund,” which fund shall be applied only as provided in this Section. On the Closing Date, the Borrower shall, from its own funds, deposit with the Trustee the amount of $[______], which amount the Trustee shall deposit in the Costs of Issuance Fund. Amounts in the Costs of Issuance Fund shall be paid by the Trustee on or after the Closing Date to the California Debt and Investment Advisory Commission (“CDIAC”) in the amount up to $[______] upon delivery of an invoice to the Trustee from CDIAC. Amounts remaining in the Costs of Issuance Fund 90 days after the Closing Date shall be returned to the Borrower, and the Trustee shall close the Costs of Issuance Fund. Section 3.05. Issuer’s Annual Fee. The Trustee shall collect the Issuer’s Annual Fee from the Borrower when due from the Borrower and remit it to the Issuer at the times specified in the Regulatory Agreement. The Trustee may establish a fund or account in its records to deposit and remit the Annual Fee to the Issuer. ARTICLE IV REDEMPTION OF BONDS Section 4.01. Circumstances of Redemption. The Bonds are subject to redemption upon the circumstances, on the dates and at the prices set forth as follows: (a) The Bonds are subject to redemption in whole or in part on any date following the date the Project is placed in service for purposes of tax credits applicable to the Project, at a price equal to the principal amount of the Bonds to be redeemed plus interest accrued thereon to the date fixed for redemption, plus any applicable prepayment premium, as provided in the applicable Note or Notes or the Loan Agreement; provided, however, that any other charges then due and payable pursuant to the Notes or the Loan Agreement shall be paid in full (or, in connection with a partial redemption of the Bonds, paid in proportion to the amount of Bonds being so redeemed) on the redemption date. Any partial prepayment of the Notes shall first be used to prepay the Series 2020C-2 Note (and thereby redeem Series 2020C-1 Bond) and then the Series 2020C-1 Note (and thereby redeem Series 2020C-2 Bond). (b) The Bonds are subject to mandatory redemption in whole upon the occurrence of an Event of Default under the Loan Agreement or any other of the Loan Documents (subject to all applicable notice and cure provisions contained therein), at the written direction of the Bondowner Representative, at a redemption price equal to the principal amount of the Bonds then Outstanding, plus accrued interest thereon to the date of redemption, plus any applicable prepayment premium, as provided in the Notes or the Loan Agreement. (c) [Reserved]. -16- (d) The Series 2020C-1 Bond shall be subject to mandatory redemption in whole on the “Convertible Loan Maturity Date” as defined in the Loan Agreement. (e) The Series 2020C-2 Bond shall be subject to mandatory redemption (i) in full on the Conversion Date and (ii) in full on the “Construction Loan Maturity Date” (as defined in the Loan Agreement), as may be extended by the terms of the Loan Agreement, in the event the “Conditions to Conversion” (as defined in the Loan Agreement) are not satisfied on or before the Construction Loan Maturity Date (as may be extended by the terms of the Loan Agreement). (f) The Bonds shall be subject to mandatory redemption, at the direction of the Bondowner Representative (given in accordance with the Loan Agreement or the Deed of Trust), in whole or in part on any date, from insurance proceeds received in connection with a partial or total casualty loss of the Project or a condemnation award in connection with a partial or complete taking of the Project, but only to the extent such proceeds or award are not used to repair, replace or restore the Project, at a price equal to the principal amount of the Bond to be redeemed plus interest accrued thereon to the date fixed for redemption and any additional amount payable pursuant to the Notes or the Loan Agreement. Any partial redemption of the Bonds shall be first used to pay the Series 2020C-2 Bond and then the Series 2020C-1 Bond. The Bondowner Representative is hereby authorized and directed, and hereby agrees, to fix the date for any such redemption and to provide written notice thereof to the Trustee, and, if Revenues are available, to cause the Trustee to redeem the Bonds so called on the date so fixed by the Bondowner Representative. The Bondowner need not surrender a Bond in connection with any redemption of a Bond unless the Bond is redeemed in whole. Section 4.02. No Notice of Redemption. No notice of redemption of the Bonds need be given to the Bondowner by the Trustee, but the Bondowner Representative shall give notice of any redemption under Section 4.01(b) to the Issuer at the same time such notice is given to the Trustee; provided such notice shall not be a condition precedent to any redemption and neither failure to give such notice nor any defect in such notice shall affect the validity of any redemption hereunder. Section 4.03. Effect of Redemption. If moneys for payment of the redemption price of the Bonds being called for redemption are being held by the Trustee, the Bonds shall, on the redemption date selected by the Borrower or Bondowner Representative, as applicable, become due and payable at the redemption price specified herein, interest on the principal amount of the Bonds so called for redemption shall cease to accrue, said principal amount of Bonds shall cease to be entitled to any lien, benefit or security under this Indenture, and the owner of the Bonds called for redemption shall have no rights in respect thereof except to receive payment of the redemption price thereof. ARTICLE V REVENUES Section 5.01. Pledge of Revenues. All of the Revenues are hereby irrevocably pledged to the punctual payment of the principal of and interest on the Bonds. The Issuer also hereby transfers in trust, grants a security interest in and assigns to the Trustee, for the benefit of the owner from time to time of the Bonds, all of its right, title and interest in (excluding the Reserved -17- Rights) (a) the Revenues, but excluding any amounts calculated as excess investment earnings under Section 6.07 hereof, (b) all amounts on deposit in any fund or account created hereunder and held by the Trustee, but excluding any amounts calculated as excess investment earnings under Section 6.07 hereof, (c) the Loan Agreement (except for the Reserved Rights under Sections 2.3, 3.1.5, 7.17, 7.33.3, 8.1(h), and 12.2 of the Loan Agreement and amounts payable to the United States of America pursuant to the Regulatory Agreement and Tax Certificate), (d) the Notes, and (e) any other amounts or agreements referenced in the Loan Agreement as security for the repayment of the Bonds (collectively, the “Trust Estate”). The Notes have been endorsed without recourse to the Trustee, and the Deed of Trust is delivered in favor of the Issuer and assigned without recourse to the Trustee. All Revenues received by the Trustee and all amounts on deposit in the funds and accounts created hereunder and held by the Trustee (other than amounts held pursuant to Section 3.05 for the benefit of the Issuer and amounts held in the Rebate Fund pursuant to Section 6.07 hereof) shall be held in trust for the benefit of the owner from time to time of the Bonds, but shall nevertheless be disbursed, allocated and applied solely for the uses and purposes hereinafter set forth in this Article V. Notwithstanding anything contained in this Indenture, the Issuer shall not be required to advance any moneys other than the Trust Estate for any of the purposes mentioned in this Indenture, whether for the payment of the principal of or interest on the Bonds or for any other purpose of this Indenture. THE BONDS ARE SPECIAL LIMITED OBLIGATIONS OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES, INCOME AND RECEIPTS DERIVED UNDER THE LOAN AGREEMENT AND PLEDGED TO THE PAYMENT THEREOF UNDER THIS INDENTURE. THE BONDS DO NOT CONSTITUTE, WITHIN THE MEANING OF ANY STATUTORY OR CONSTITUTIONAL PROVISION, AN INDEBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE STATE, THE ISSUER (EXCEPT TO THE LIMITED EXTENT PROVIDED HEREIN), OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE. THE ISSUER HAS NO TAXING POWER. Section 5.02. Bond Fund. There is hereby created and established with the Trustee a separate fund which shall be designated the “Bond Fund,” which fund shall be applied only as provided in this Section. The Trustee shall credit to the Bond Fund from time to time, upon receipt thereof, all Revenues, including (i) income received from the investment of moneys on deposit in the Bond Fund, and (ii) any other Revenues, including insurance proceeds, condemnation awards and other Loan payments or prepayments received from or for the account of the Borrower. Except as provided in Section 10.02, moneys in the Bond Fund shall be used solely for the payment of the principal of and premium, if any, and interest on the Bonds as the same shall become due, whether at maturity or upon redemption or acceleration or otherwise. On each date on which principal of or interest on the Bonds is due and payable, the Trustee shall pay such amount from the Bond Fund. Section 5.03. Investment of Moneys. Except as otherwise provided in this Section, any moneys in any of the funds and accounts to be established by the Trustee pursuant to this Indenture shall be invested by the Trustee in Investment Securities selected and directed in writing by the Borrower, with respect to which payments of principal thereof and interest thereon are scheduled or otherwise payable not later than one day prior to the date on which it is -18- estimated that such moneys will be required by the Trustee. In the absence of such directions, the Trustee shall invest such monies in Investment Securities described in clause (b) of the definition thereof. The Trustee shall have no liability or responsibility for any loss resulting from any investment made in accordance with this Section 5.03, except for those arising from the willful misconduct or fraud on the part of the Trustee. Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Indenture, or otherwise containing gross proceeds of the Bonds (within the meaning of Section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Indenture or the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code shall be valued at their present value (within the meaning of Section 148 of the Code). The Trustee shall have no duty to determine Fair Market Value or present value hereunder. For the purpose of determining the amount in any fund or account, all Investment Securities credited to such fund or account shall be valued at the lower of cost or par (which shall be measured exclusive of accrued interest) after the first payment of interest following purchase. Any interest, profit or loss on such investment of moneys in any fund or account shall be credited or charged to the respective funds or accounts from which such investments are made. The Trustee may sell or present for redemption any obligations so purchased whenever it shall be necessary in order to provide moneys to meet any payment, and the Trustee shall not be liable or responsible for any loss resulting from such sale or redemption. The Trustee may make any and all investments permitted under this Section 5.03 through its own trust or banking department or any affiliate and may pay said department reasonable, customary fees for placing such investments. The Trustee and its affiliates may act as principal, agent, sponsor, advisor or depository with respect to Investment Securities under this Section 5.03. The Issuer (and the Borrower by its execution of the Loan Agreement) acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Issuer or the Borrower the right to receive brokerage confirmations of security transactions as they occur, the Issuer and the Borrower will not receive such confirmations to the extent permitted by law. The Trustee will furnish the Borrower and the Issuer (to the extent requested by it) periodic cash transaction statements which shall include detail for all investment transactions, if any, made by the Trustee hereunder. Section 5.04. Enforcement of Obligations. Upon the occurrence of an Event of Default actually known to a Responsible Officer of the Bondowner Representative, the Bondowner Representative shall be entitled in its sole discretion to take all steps, actions and proceedings, or to direct the Trustee to take all steps and proceedings: (a) to enforce the terms, covenants and conditions of, and preserve and protect the priority of its interest in and under, the Loan Agreement, the Regulatory Agreement and the Deed of Trust, and (b) to request compliance with all covenants, agreements and conditions on the part of the Issuer contained in this Indenture with respect to the Revenues. -19- ARTICLE VI COVENANTS OF THE ISSUER Section 6.01. Payment of Principal and Interest. The Issuer shall punctually pay, but only out of Revenues as herein provided, the principal and the interest (and premium, if any) to become due in respect of the Bonds at the times and places and in the manner provided herein and in the Bonds, according to the true intent and meaning thereof. When and as paid in full, the Bonds shall be delivered to the Trustee and shall forthwith be destroyed. Section 6.02. Preservation of Revenues; Amendment of Documents. The Issuer shall not take any action to interfere with or impair the pledge and assignment hereunder of Revenues and the assignment to the Trustee of rights of the Issuer under the Loan Agreement and the Deed of Trust and other Loan Documents, or the Trustee’s or the Bondowner Representative’s enforcement of any rights hereunder or thereunder, shall not take any action to impair the validity or enforceability of the Loan Agreement or the Deed of Trust and other Loan Documents, and shall not waive any of its rights under or any other provision of or permit any amendment of the Loan Agreement or the Deed of Trust and other Loan Documents, without the prior written consent of the Bondowner Representative. Section 6.03. Compliance with Indenture. The Issuer shall not issue, or permit to be issued, any bond secured or payable in any manner out of Revenues other than in accordance with the provisions of this Indenture; it being understood that the Issuer reserves the right to issue obligations payable from and secured by sources other than the Revenues and the assets assigned herein. The Issuer shall faithfully observe and perform all the covenants, conditions and requirements hereof. So long as the Bonds are Outstanding, the Issuer shall not create any pledge, lien or charge of any type whatsoever upon all or any part of the Revenues, other than the lien of this Indenture. Section 6.04. Further Assurances. Whenever and so often as requested so to do by the Bondowner Representative, the Issuer, at the expense of the Borrower, shall promptly execute and deliver or cause to be executed and delivered all such other and further instruments, documents or assurances, and promptly do or cause to be done all such other and further things, as may be necessary or reasonably required in order to further and more fully vest in the Bondowner Representative and the Bondowner all of the rights, interests, powers, benefits, privileges and advantages conferred or intended to be conferred upon them by this Indenture and to perfect and maintain as perfected such rights, interests, powers, benefits, privileges and advantages. Section 6.05. No Arbitrage. Solely in reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the Regulatory Agreements and in the Tax Certificate, the Issuer shall not take, nor knowingly permit nor suffer to be taken by the Trustee or otherwise, any action with respect to the gross proceeds of the Bonds which would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148(a) of the Code and Regulations promulgated thereunder. Section 6.06. Limitation of Expenditure of Proceeds. The Issuer shall assure, solely in reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the Regulatory Agreements and in the Tax Certificate, that not less than 95% of the amount advanced as the purchase price of the Bonds, plus premium (if any) paid on the purchase of the Bonds by the original purchaser thereof from the Issuer, less original issue discount, will be used for Qualified Project Costs and less than 25% of such amount will be used for acquisition of land or an interest in land. -20- Section 6.07. Rebate of Excess Investment Earnings to United States. The Rebate Fund shall be established by the Trustee and held and applied as provided in this Section. On any date on which any amounts are required by applicable federal tax law to be rebated to the federal government, amounts shall be deposited into the Rebate Fund by the Borrower for such purpose. All money at any time deposited in the Rebate Fund shall be held by the Trustee in trust, to the extent required to satisfy the applicable requirements of the Code and as calculated by the Rebate Analyst, for payment to the United States Government, and none of the Issuer, the Borrower or any Bondowner shall have any rights in or claim to such moneys. All amounts deposited into or on deposit in the Rebate Fund shall be governed by this Section and by the Tax Certificate. The Trustee shall conclusively be deemed to have complied with such provisions if it follows the written instructions of the Issuer, Bond Counsel or the Rebate Analyst, including supplying all necessary information in the manner set forth in the Tax Certificate, and shall not be required to take any actions under the Tax Certificate in the absence of written instructions from the Issuer, Bond Counsel or the Rebate Analyst. Within 55 days of the end of each fifth Bond Year and within 55 days of payment in full of the Bond, the Trustee shall request and the Borrower shall cause the Rebate Analyst to calculate the amount of rebatable arbitrage, in accordance with Section 148(f)(2) of the Code and Section 1.148 3 of the Rebate Regulations (taking into account any exceptions with respect to the computation of the rebatable arbitrage, described, if applicable, in the Tax Certificate (e.g., the temporary investments exceptions of Section 148(f)(4)(B) and (C) of the Code)), for this purpose treating the last day of the applicable Bond Year as a computation date, within the meaning of Section 1.148 1(b) of the Rebate Regulations (the “Rebatable Arbitrage”). Within 55 days of the end of each fifth Bond Year and within 55 days of payment in full of the Bond, upon the written direction of the Issuer, Bond Counsel or the Rebate Analyst, an amount shall be deposited to the Rebate Fund by the Trustee from amounts provided by the Borrower, if and to the extent required so that the balance in the Rebate Fund shall equal the amount of Rebatable Arbitrage so calculated in accordance with the preceding paragraph. The Trustee shall pay, as directed by the Issuer, Bond Counsel or the Rebate Analyst, to the United States Treasury, out of amounts in the Rebate Fund: (i) Not later than 60 days after the end of (A) the fifth Bond Year, and (B) each applicable fifth Bond Year thereafter, an amount equal to at least 90% of the Rebatable Arbitrage calculated as of the end of such Bond Year; and (ii) Not later than 60 days after the payment of the Bond in full, an amount equal to 100% of the Rebatable Arbitrage calculated as of the end of such applicable Bond Year, and any income attributable to the Rebatable Arbitrage, computed in accordance with Section 148(f) of the Code. Each payment required to be made under this Section shall be made to the Internal Revenue Service Center at the address provided in such direction on or before the date on which such payment is due, and shall be accompanied by Internal Revenue Service Form 8038 T, which shall be prepared by the Rebate Analyst and provided to the Trustee. Notwithstanding any provision of this Indenture to the contrary, the obligation to remit payment of the Rebatable Arbitrage to the United States and to comply with all other requirements of this Section 6.07 and Section 7.33 of the Loan Agreement, the requirements of the Regulatory Agreement and the requirements of the Tax Certificate shall survive the defeasance or payment in full of the Bonds. -21- Any funds remaining in the Rebate Fund after redemption and payment in full of all of the Bonds and payment and satisfaction of any Rebate Requirement, or provision made therefor in accordance with the written direction of the Issuer, the Rebate Analyst or Bond Counsel, shall be withdrawn and remitted to the Borrower. The Trustee shall keep such records of the computations made pursuant to this Section 6.07 as are required under Section 148(f) of the Code to the extent furnished to the Trustee. The Borrower shall or shall cause the Rebate Analyst to provide to the Issuer copies of all rebate computations made pursuant to this Section 6.07. The Trustee shall keep and make available to the Borrower such records concerning the investments of the gross proceeds of the Bonds and the investments of earnings from those investments made by the Trustee as may be requested by the Borrower in order to enable the Borrower to cause the Rebate Analyst to make the aforesaid computations as are required under Section 148(f) of the Code. Notwithstanding the foregoing, the computations and payments of Rebatable Arbitrage need not be made to the extent that neither the Issuer nor the Borrower will thereby fail to comply with any requirements of Section 148(f) of the Code based on an Opinion of Bond Counsel, to the effect that such failure will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds, a copy of which shall be provided to the Trustee, at the expense of the Borrower. Section 6.08. Limitation on Issuance Costs. The Issuer shall assure, solely in reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the Regulatory Agreements and in the Tax Certificate, that, from the proceeds of the Bonds received from the original purchaser thereof and investment earnings thereon, an amount not in excess of two percent of the face amount of the Bonds will be used to pay for, or provide for the payment of, Issuance Costs. For this purpose, if the fees of such original purchaser are retained as a discount on the purchase of the Bonds, such retention shall be deemed to be an expenditure of proceeds of the Bonds for said fees. Section 6.09. Federal Guarantee Prohibition. The Issuer shall take no action if the result of the same would be to cause the Bonds to be “federally guaranteed” within the meaning of Section 149(b) of the Code. Section 6.10. Prohibited Facilities. The Issuer, solely in reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the Regulatory Agreements and in the Tax Certificate, shall assure that no portion of the proceeds of the Bonds will be used to provide any airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. The Issuer, solely in reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the Regulatory Agreements and in the Tax Certificate, shall assure that no portion of the proceeds of the Bond will be used for an office unless the office is located on the premises of the facilities constituting the Project and unless not more than a de minimis amount of the functions to be performed at such office is not related to the day to day operations of the Project. Section 6.11. Use Covenant. Solely in reliance upon the covenants and representations of the Borrower in the Loan Agreement, in the Regulatory Agreements and in the Tax Certificate, the Issuer shall not use or knowingly permit the use any proceeds of the Bonds or any other funds of the Issuer, directly or indirectly, in any manner, and shall not take any other action or actions, which would result in the Bonds being treated as obligations not described in Section 142(d) of the Code by reason of the Bonds not meeting the requirements of Section 142(d) of the Code. -22- Section 6.12. Immunities and Limitations of Responsibility of Issuer. The Issuer shall be entitled to the advice of counsel (who, except as otherwise provided, may be counsel for the Bondowner), and the Issuer shall be wholly protected as to action taken or omitted in good faith in reliance on such advice. The Issuer may rely conclusively on any communication or other document furnished to it hereunder and reasonably believed by it to be genuine. The Issuer shall not be liable for any action (a) taken by it in good faith and reasonably believed by it to be within its discretion or powers hereunder, or (b) in good faith omitted to be taken by it because such action was reasonably believed to be beyond its discretion or powers hereunder, or (c) taken by it pursuant to any direction or instruction by which it is governed hereunder, or (d) omitted to be taken by it by reason of the lack of any direction or instruction required hereby for such action; nor shall it be responsible for the consequences of any error of judgment reasonably made by it. The Issuer shall in no event be liable for the application or misapplication of funds or for other acts or defaults by any person and shall be liable only for its gross negligence or willful misconduct. When any payment or consent or other action by it is called for hereby, it may defer such action pending receipt of such evidence (if any) as it may require in support thereof. The Issuer shall not be required to take any remedial action (other than the giving of notice) unless indemnity in a form acceptable to the Issuer is furnished for any expense or liability to be incurred in connection with such remedial action, other than liability for failure to meet the standards set forth in this Section. The Issuer shall be entitled to reimbursement from the Borrower for its expenses reasonably incurred or advances reasonably made, with interest at the highest rate at which interest accrues from time to time on the Bond, in the exercise of its rights or the performance of its obligations hereunder, to the extent that it acts without previously obtaining indemnity. No permissive right or power to act which the Issuer may have shall be construed as a requirement to act; and no delay in the exercise of a right or power shall affect its subsequent exercise of the right or power. The Borrower has indemnified the Issuer against certain acts and events as set forth in Sections 7.17 and 7.33.3 of the Loan Agreement and Section 9 of the Regulatory Agreement. Such indemnities shall survive payment of the Bonds and discharge of this Indenture. Anything in this Indenture to the contrary notwithstanding, it is expressly understood by the parties to this Indenture that (a) the Issuer and the Trustee may rely exclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer, the Trustee or the Bondowner Representative as to the existence of any fact or state of affairs, (b) the Issuer shall not be under any obligation under this Indenture to perform any record keeping or to provide any legal services, it being understood that such services shall be performed or caused to be performed by the Trustee or by the Bondowner Representatives and (c) none of the provisions of this Indenture shall require the Issuer or the Trustee to expend or risk its own funds or otherwise to incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers under this Indenture, unless it shall first have been adequately indemnified to its satisfaction against any costs, expenses and liability which it may incur as a result of taking such action. Section 6.13. Limitation of Liability of Issuer and Its Officers, Employees and Agents. No recourse for the payment of any part of the principal of, premium, if any, or interest on the Bond or for the satisfaction of any liability arising from, founded upon or existing by reason of the issuance, purchase or ownership of the Bond shall be had against the Board of Supervisors of the Issuer or any official, officer, agent or employee of the Issuer, as such, all such liability being expressly released and waived as a condition of and as a part of the consideration for the execution of this Indenture and the issuance of the Bond. No covenant, stipulation, obligation or agreement of the Issuer contained in this Indenture shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future officer, agent or employee of the Issuer or the Board of Supervisors in other than that person’s official capacity. No Supervisor, officer, agent -23- or employee of the Issuer shall be individually or personally liable for the payment of the principal or redemption price of or interest on the Bond or be subject to any personal liability or accountability by reason of the issuance of the Bond. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future Supervisor, officer, director, employee or agent of the Issuer in his individual capacity, and neither the supervisors, officers, employees or agents of the Issuer in their individual capacity, and neither the supervisors, officers, employees or agents of the Issuer executing the Bond or this Indenture shall be liable personally on the Bond or under this Indenture or be subject to any personal liability or accountability by reason of the issuance of the Bond or the execution of this Indenture. ARTICLE VII DEFAULT Section 7.01. Default Under Loan Agreement; Acceleration. No default by the Borrower under the Loan Agreement shall constitute an event of default with respect to the Bonds. The Issuer’s, Trustee’s, Borrower’s and Bondowner Representative’s remedies with respect to a default under the Loan Documents shall be as set forth under the Loan Documents. The Bondowner Representative may, upon the acceleration of the Borrower’s obligations under the Loan Documents, direct the Trustee to accelerate the maturity of the Bonds and apply any funds available hereunder for such purpose as provided herein (after paying the fees and expenses of the Trustee and the Issuer). Any Bonds remaining outstanding shall be deemed paid upon transfer, to or at the direction of the Bondowner Representative, of the Loan Documents and all security therefor free and clear of the lien of this Indenture. The Issuer shall cooperate with the Bondowner Representative and the Trustee in exercising rights and remedies under the Loan Documents, but only upon being satisfactorily indemnified by the Borrower for any fees or expenses relating thereto as provided in the Loan Agreement and Regulatory Agreement. Whether or not an Event of Default has occurred, the Bondowner Representative, in its sole discretion, shall have the sole right to waive or forebear any term, condition, covenant or agreement in the Loan Agreement applicable to the Borrower or any breach thereof, and provided that the Bondowner Representative shall have no right to waive and the Issuer may seek specific performance by the Borrower to enforce the Reserved Rights. With respect to any of its Reserved Rights, the Issuer may exercise such rights as permitted by the Regulatory Agreement in connection with a default thereunder. In the event that the Trustee, the Bondowner Representative or their respective assignee or designee shall become the legal or beneficial owner of the Project by foreclosure or deed in lieu of foreclosure, such party shall have the right, to be exercised in its sole discretion, to succeed to the rights and the obligations of the Borrower under the Loan Agreement, the Notes, the Regulatory Agreement and any other Loan Documents to which the Borrower is a party. Such assumption shall be effective from and after the effective date of such acquisition and shall be made with the benefit of the limitations of liability set forth therein and without any liability for the prior acts of the Borrower. Section 7.02. Limitation of Liability to Revenues. Notwithstanding anything in this Indenture, the Issuer shall not be required to advance any moneys derived from any source other than the Revenues for any of the purposes mentioned in this Indenture, whether for the payment of the principal of or interest on the Bonds or for any other purpose of this Indenture. The Bonds are limited obligations of the Issuer and are payable from and secured by the Revenues and any -24- funds or assets pledged under this Indenture and not from any other revenues, funds or assets of the Issuer. It is recognized that notwithstanding any other provision of this Indenture, none of the Borrower, the Trustee or the Holder shall look to the Issuer for damages suffered by the Borrower, the Trustee or the Holder as a result of the failure of the Issuer to perform any covenant, undertaking or obligation under this Indenture, the Loan Agreement, the Bonds or any of the other documents referred to herein, or as a result of the incorrectness of any representation made by the Issuer in any of such documents, nor for any other reason. Although this Indenture recognizes that such documents shall not give rise to any pecuniary liability of the Issuer, nothing contained in this Indenture shall be construed to preclude in any way any action or proceeding (other than that element of any action or proceeding involving a claim for monetary damages against the Issuer) in any court or before any governmental body, agency or instrumentality or otherwise against the Issuer or any of its officers or employees to enforce the provisions of any of such documents which the Issuer is obligated to perform and the performance of which the Issuer has not assigned to the Trustee or any other person; provided, however, that as a condition precedent to the Issuer proceeding pursuant to this Section 7.02, the Issuer shall have received satisfactory indemnification. ARTICLE VIII THE TRUSTEE AND AGENTS Section 8.01. Duties, Immunities and Liabilities of Trustee. In consideration of the recitals hereinabove set forth and for other valuable consideration, the Issuer hereby agrees to employ the Trustee (at the expense of the Borrower) to receive, hold, invest and disburse the moneys received pursuant to the Loan Agreement for credit to the various funds and accounts established by this Indenture; to authenticate, deliver and transfer the Bonds; and to apply and disburse the payments received from the Borrower pursuant to the Loan Agreement to the owner of the Bonds; and to perform certain other functions; all as herein provided and subject to the terms and conditions of this Indenture. The Trustee shall perform such duties and only such duties as are specifically set forth in this Indenture and no additional covenants or duties of the Trustee shall be implied in this Indenture. The Trustee is authorized and directed to enter into the Loan Documents to which it is a party, solely in its capacity as Trustee. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action or its own negligent failure to act, except that: (a) The duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee; and in the absence of bad faith on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificate or opinion furnished to the Trustee conforming to the requirements of this Indenture; (b) At all times (i) the Trustee shall not be liable for any act or omission unless the Trustee or its agent was negligent or engaged in willful misconduct; and (ii) the Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Issuer, accompanied by an opinion of Bond Counsel as provided herein, or in accordance with the directions of the Bondowner Representative or in accordance with the directions of the owner of the Bonds relating to -25- the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture; (c) The Trustee shall not be required to take notice or be deemed to have notice of (i) any default hereunder or under the Loan Agreement, unless a Responsible Officer of the Trustee shall be specifically notified in writing of such default by the Issuer, the Bondowner Representative or the owner of the Bonds, or (ii) any default under the Regulatory Agreement unless a Responsible Officer of the Trustee shall be specifically notified in writing of such default by the Issuer; (d) Before taking any action under the Regulatory Agreement, Article VII hereof or this Section at the request or direction of the Bondowner or the Bondowner Representative, the Trustee may require that a satisfactory indemnity be furnished by the Bondowner, for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from its negligence or willful misconduct in connection with any action so taken; (e) Upon any application or request by the Issuer or the Bondowner Representative to the Trustee to take any action under any provision of this Indenture or the Regulatory Agreement, the Issuer or Bondowner Representative, as applicable, shall furnish to the Trustee a certificate stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action have been complied with, and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished; (f) The Trustee may execute any of the powers hereunder or perform any duties hereunder either directly or through agents or attorneys; (g) Neither the Issuer nor the Borrower shall be deemed to be agents of the Trustee for any purpose, and the Trustee shall not be liable for any noncompliance of any of them in connection with their respective duties hereunder or in connection with the transactions contemplated hereby; (h) The Trustee shall be entitled to rely upon telephonic notice for all purposes whatsoever so long as the Trustee reasonably believes such telephonic notice has been given by a person authorized to give such notice; (i) The immunities extended to the Trustee also extend to its directors, officers and employees; (j) Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Bond, it being the sole obligation of the Trustee to administer, for the benefit of the Bondowner, the various funds and accounts established hereunder; (k) No permissive power, right or remedy conferred upon the Trustee hereunder shall be construed to impose a duty to exercise such power, right or remedy; -26- (l) The Trustee shall not be liable for any action taken or not taken by it in accordance with the direction of the holder of the Bond or the Bondowner Representative related to the exercise of any right, power or remedy available to the Trustee; (m) The Trustee shall have no duty to review any financial statements or budgets filed with it by the Borrower under the Loan Agreement; (n) The Trustee acknowledges that the Borrower has an obligation to pay certain fees to the Issuer pursuant to Section 7(d) of the Regulatory Agreement. The Trustee further acknowledges that in order to preserve the tax-exempt status of interest on the Bonds, the Borrower must comply with requirements for rebate of excess investment earnings to the federal government to the extent applicable. The Trustee agrees to use commercially reasonable efforts to send the Borrower a notification or reminder of: (i) its payment obligations under said Section 7(d) of the Regulatory Agreement 30 days preceding each annual payment date therefor, commencing with the payment date on March 1, 2021, and ending on the date set forth in the Regulatory Agreement; and (ii) the Borrower’s obligation to make payments to the Rebate Fund as provided herein; and (o) The Trustee shall not be considered in breach of or in default in its obligations hereunder or progress in respect thereto in the event of enforced delay (“unavoidable delay”) in the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not limited to, Acts of God or of the public enemy or terrorists, acts of a government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, earthquakes, explosion, mob violence, riot, inability to procure or general sabotage or rationing of labor, equipment, facilities, sources of energy, material or supplies in the open market, litigation or arbitration involving a party or others relating to zoning or other governmental action or inaction pertaining to the project, malicious mischief, condemnation, and unusually severe weather or delays of suppliers or subcontractors due to such causes or any similar event and/or occurrences beyond the control of the Trustee. None of the provisions contained in this Indenture shall require the Trustee to expend or risk its own funds or otherwise incur individual financial liability in the performance of any of its duties as Trustee or in the exercise of any of its rights or powers as Trustee. Whether or not therein expressly so provided, every provision of this Indenture, the Loan Agreement, the Regulatory Agreement or any other document relating to the conduct, powers or duties of, or affecting the liability of, or affording protection to, the Trustee shall be subject to the provisions of this Article VIII. Section 8.02. Right of Trustee to Rely Upon Documents, Etc. Except as otherwise provided in Section 8.01: (a) The Trustee may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, facsimile transmission, electronic mail, demand, direction, election, requisition, bond or other paper or document reasonably believed by it to be genuine and to have been signed and presented by the proper party or parties; (b) Any consent, demand, direction, election, notice, order or request of the Issuer mentioned herein shall be sufficiently evidenced by a Written Consent, Written Demand, Written Direction, Written Election, Written Notice, Written Order or Written -27- Request of the Issuer, and any resolution of the Issuer may be evidenced to the Trustee by a Certified Resolution; (c) The Trustee may consult with counsel (who may be counsel for the Issuer, counsel for the Trustee or Bond Counsel) and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel; (d) Whenever in the administration of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence or bad faith on the part of the Trustee, be deemed to be conclusively proved and established by a Certificate of the Issuer or a certificate of the Bondowner Representative; and such Certificate of the Issuer or a certificate of the Bondowner Representative shall, in the absence of negligence or bad faith on the part of the Trustee, be full warrant to the Trustee for any action taken or suffered by it under the provisions of this Indenture upon the faith thereof; (e) The Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture or other paper or document, but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit; and (f) The Trustee agrees to accept and act upon facsimile transmission of written instructions and/or directions pursuant to this Indenture provided, however, that: (i) subsequent to such facsimile transmission of written instructions and/or directions the Trustee shall forthwith receive the originally executed instructions and/or directions, (ii) such originally executed instructions and/or directions shall be signed by a person as may be designated and authorized to sign for the party signing such instructions and/or directions and (iii) the Trustee shall have received a current incumbency certificate containing the specimen signature of such designated person. Section 8.03. Trustee Not Responsible for Recitals. The recitals contained herein and in the Bonds shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for the correctness of the same or for the correctness of the recitals in the Loan Agreement or the Regulatory Agreement. The Trustee shall have no responsibility with respect to any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the Bond. The Trustee makes no representations as to the value or condition of any assets pledged or assigned as security for the Bond, or as to the right, title or interest of the Issuer therein, or as to the security provided thereby or by this Indenture, the Loan Agreement or the Deed of Trust, or as to the compliance of the Project with the Act, or as to the tax-exempt status of the Bonds, or as to the technical or financial feasibility of the Project, or as to the validity or sufficiency of this Indenture as an instrument of the Issuer or of the Bonds as an obligation of the Issuer. The Trustee shall not be accountable for the use or application of the Bonds authenticated or delivered hereunder or of the use or application of the proceeds of the Bonds by the Borrower. Section 8.04. Intervention by Trustee. The Trustee may intervene on behalf of the owner of the Bonds in any judicial proceeding to which the Issuer or Bondowner Representative is a party and which, in the opinion of the Trustee and its counsel, has a substantial bearing on the interests of the owner of the Bonds and, subject to the provisions of Section 8.01(d), shall do so if requested in writing by the owner of the Bonds or the Bondowner Representative. -28- Section 8.05. Moneys Received by Trustee to be Held in Trust. All moneys received by the Trustee shall, until used or applied as herein provided, be held in trust for the purposes for which they were received, but need not be segregated from other funds except to the extent required by law or as otherwise provided herein. The Trustee shall be under no liability for interest on any moneys received by it hereunder except such as it may agree with the Issuer to pay thereon. Section 8.06. Compensation and Indemnification of Trustee, Bondowner Representative and Agents. (a) The Bondowner Representative and the Trustee shall be entitled to receive compensation from the Borrower for their services as Bondowner Representative and Trustee, respectively, as provided in the Loan Agreement, and shall be indemnified by the Borrower as provided in Section 7.17 of the Loan Agreement. The Bondowner Representative and the Trustee each acknowledges and agrees that, unless otherwise agreed to in writing by the Issuer, the Issuer shall not be responsible for the fees and expenses of the Bondowner Representative and the Trustee, and is providing no indemnification to the Bondowner Representative and the Trustee. (b) If any property, other than cash, shall at any time be held by the Bondowner Representative or the Trustee subject to this Indenture, or any supplemental indenture, as security for the Bonds, the Bondowner Representative or the Trustee, if and to the extent authorized by a receivership, bankruptcy or other court of competent jurisdiction or by the instrument subjecting such property to the provisions of this Indenture as such security for the Bonds, shall be entitled to but not obligated to make advances for the purpose of preserving such property or of discharging tax liens or other prior liens or encumbrances thereon. The rights of the Bondowner Representative and the Trustee to compensation for services and to payment or reimbursement for expenses, disbursements, liabilities and advances shall have and each of the Bondowner Representative and Trustee is hereby granted a lien and a security interest prior to the Bonds in respect of all property and funds held or collected by the Bondowner Representative or the Trustee as such, except funds held in trust by the Bondowner Representative or the Trustee for the benefit of the owner of a particular principal amount of the Bonds, which amounts shall be held solely for the benefit of the Bondowner and used only for the payment of principal of and premium, if any, and interest on the applicable Bond. The Bondowner Representative’s and the Trustee’s rights to immunities, indemnities and protection from liability hereunder and their rights to payment of their fees and expenses shall survive such Bondowner Representative’s and the Trustee’s resignation or removal and final payment of the Bonds. Section 8.07. Qualifications of Trustee. There shall at all times be a trustee hereunder, which shall be a corporation, banking association or trust company, in each case having trust powers, doing business and having a corporate trust office in the State and shall (a) either (i) have a combined capital and surplus of at least $50,000,000 and be subject to supervision or examination by federal or state authority or (ii) be a wholly- owned subsidiary of a bank, trust company or bank holding company meeting on an aggregate basis the tests set out in clause (i) and (b) be able to comply with the terms and conditions of this Indenture, including, without limitation, Sections 8.10 through 8.13 hereof, and to comply with the terms of the Loan Agreement applicable thereto. If such corporation, banking association, or trust company publishes reports of conditions at least annually, pursuant to law or to the requirements of any supervising or examining -29- authority above referred to, then for the purposes of this Section the combined capital and surplus of such corporation, banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 8.08(b) below. Section 8.08. Removal, Resignation and Appointment of Successor Trustee. (a) Removal of Trustee. The Issuer may remove the Trustee at any time and shall remove the Trustee if at any time requested to do so by an instrument or concurrent instruments in writing signed by the owner of the Bonds (or its attorney duly authorized in writing) or the Bondowner Representative, or if at any time the Trustee shall cease to be eligible in accordance with Section 8.07 hereof, or shall become incapable of acting, or shall be adjudged bankrupt or insolvent, or a receiver of the Trustee or its property shall be appointed, or any public officer shall take control or charge of the Trustee or of its property or any substantial portion thereof or affairs for the purpose of rehabilitation, conservation or liquidation, in each case by giving written notice of such removal to the Trustee and thereupon the Borrower shall appoint a successor Trustee by an instrument in writing. Any successor Trustee appointed by the Borrower under this Section 8.08 shall be subject to the approval of the Bondowner Representative and the Issuer, which approval shall not unreasonably be withheld or delayed. (b) Resignation of Trustee. The Trustee may at any time resign by giving written notice of such resignation by first class mail, postage prepaid, to the Issuer, the Borrower and to the Bondowner. Upon receiving such notice of resignation, the Borrower shall appoint a successor Trustee by an instrument in writing with the written consent of the Bondowner Representative and the Issuer. The Trustee shall not be relieved of its duties until such successor Trustee has accepted appointment. (c) Appointment of Successor Trustee. Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective upon the acceptance of appointment of the successor Trustee; provided, however, that under any circumstances the successor Trustee shall be qualified as provided in subsection (a) of this Section. If no qualified successor Trustee shall have been appointed and have accepted appointment within 45 days following giving notice of removal or notice of resignation as aforesaid, the resigning Trustee or the Bondowner may at the expense of the Borrower petition any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under this Indenture shall signify its acceptance of such appointment by executing and delivering to the Issuer and its predecessor Trustee a written acceptance thereof, and to the predecessor Trustee an instrument indemnifying the predecessor Trustee for any costs or claims arising during the time the successor Trustee serves as Trustee hereunder, and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless at the written request of the Issuer or the request of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance, including a quitclaim deed, and further assurance and do such other things as may reasonably be required for more fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in and to any property held by it under this Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trust and conditions herein set forth. Upon request of the successor Trustee, the Issuer shall execute and deliver any and all instruments as may be reasonably required for more fully and certainly vesting in and confirming to such successor -30- Trustee moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, the Issuer shall mail or cause the successor Trustee to mail, by first class mail, postage prepaid, a notice of the succession of such Trustee to the trusts hereunder to the Bondowner at the address shown on the registration books. If the Issuer fails to mail such notice within 15 days after acceptance of appointment by the successor Trustee, the successor Trustee shall cause such notice to be mailed at the expense of the Issuer. Section 8.09. Merger or Consolidation of Trustee. Any corporation or association into which the Trustee may be merged or with which it may be consolidated, or any corporation or association resulting from any merger or consolidation to which the Trustee shall be a party, or any corporation or association succeeding to the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding, provided that such successor Trustee shall be eligible under the provisions of the first sentence of Section 8.07. Section 8.10. Compliance with Laws. The Trustee shall keep itself fully informed of all state, and federal laws in any manner affecting the performance of this Indenture and must at all times comply with such laws as they may be amended from time to time. Section 8.11. Proprietary or Confidential Information of the Issuer. The Trustee understands and agrees that, in the performance of the work or services under this Indenture or in contemplation thereof, the Trustee may have access to private or confidential information which may be owned or controlled by the Issuer and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the Issuer. The Trustee agrees that all information disclosed by the Issuer to the Trustee shall be held in confidence and used only in performance of the Indenture. The Trustee shall exercise the same standard of care to protect such information as a reasonably prudent contractor would use to protect its own proprietary data. Section 8.12. Audit and Inspection of Records. The Trustee agrees to maintain and make available to the Issuer, during regular business hours, accurate books and accounting records relating to its work under this Indenture. The Trustee will permit the Issuer to audit, examine and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records or personnel and other data related to all other matters covered by this Indenture, whether funded in whole or in part under this Indenture. The Trustee shall maintain such data and records in an accessible location and condition for a period of not less than five years after final payment under this Indenture or until after final audit has been resolved, whichever is later. The State or any federal agency having an interest in the subject matter of this Indenture shall have the same rights conferred upon the Issuer by this Section. Section 8.13. Subcontracting. The Trustee is prohibited from subcontracting its duties under this Indenture or any part of it unless such subcontracting is first approved by the Issuer in writing. Section 8.14. Paying Agents. The Trustee, with the written approval of the Issuer and the Bondowner Representative, may appoint and at all times have one or more paying agents in such place or places as the Trustee may designate, for the payment of the principal of, and the interest (and premium, if any) on, the Bond. It shall be the duty of the Trustee to make such arrangements with any such paying agent as may be necessary and feasible to assure, to the extent of the moneys held by the Trustee for such payment, the availability of funds for the prompt -31- payment of the principal of and interest and premium, if any, on the Bonds presented at either place of payment. The paying agent initially appointed hereunder is the Trustee. ARTICLE IX MODIFICATION OF INDENTURE Section 9.01. Modification of Indenture. The Issuer and the Trustee, with the prior written consent of the Bondowner Representative, may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any supplemental indenture. The Bondowner Representative may, if it so elects, direct the Trustee to join with the Issuer in the execution of such supplemental indenture, unless such supplemental indenture affects the rights or obligations of the Borrower or any general partner or limited partner of the Borrower hereunder or under the Loan Agreement or any other document, in which case, so long as no Event of Default has occurred and is continuing under and as such term is defined in the Loan Agreement, the Issuer, Trustee and Bondowner Representative may enter into such supplemental indenture only if the Bondowner Representative has received the Borrower’s, or such general partner’s or limited partner’s, as applicable, written consent thereto. Promptly after the execution by the Issuer, the Trustee and the Bondowner Representative of any supplemental indenture pursuant to the provisions of this Section, if the Bondowner Representative is not the sole owner of the Bonds then Outstanding, the Trustee shall give the Bondowner, by first class mail, a notice setting forth in general terms the substance of such supplemental indenture. Any failure of the Trustee to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. Section 9.02. Effect of Supplemental Indenture. Upon the execution of any supplemental indenture pursuant to the provisions of this Article IX, this Indenture shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the Issuer, the Trustee, the Bondowner Representative and the owner of the Bonds shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such supplemental indenture shall be part of the terms and conditions of this Indenture for any and all purposes. Section 9.03. Opinion of Counsel as to Supplemental Indenture. Subject to the provisions of Section 8.01, the Trustee and the Bondowner Representative shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to the provisions of this Article IX is authorized and permitted by this Indenture. Section 9.04. Notation of Modification on Bond; Preparation of New Bond. A Bond authenticated and delivered after the execution of any supplemental indenture pursuant to the provisions of this Article IX may bear a notation, in form approved by the Bondowner Representative and the Issuer as to any matter provided for in such supplemental indenture, and if such supplemental indenture shall so provide, new Bonds, so modified as to conform, in the opinion of the Bondowner Representative and the Issuer, to any modification of this Indenture contained in any such supplemental indenture, may be prepared and executed by the Issuer and authenticated by the Trustee and delivered without cost to the owner of the Bonds then Outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. -32- ARTICLE X DEFEASANCE Section 10.01. Discharge of Indenture. If the entire indebtedness on the Bonds Outstanding shall be paid and discharged in any one or more of the following ways: (a) by the payment of the principal of (including redemption premium, if any) and interest on the Bonds Outstanding; or (b) by the delivery to the Trustee, for cancellation by it, all of the Bonds Outstanding; and if all other sums payable hereunder by the Issuer shall be paid and discharged, then and in that case this Indenture shall cease, terminate and become null and void, and the Trustee shall forthwith execute proper instruments acknowledging satisfaction of and discharging this Indenture. The fees, expenses and charges of the Trustee (including reasonable counsel fees) must be paid in order to affect such discharge. The satisfaction and discharge of this Indenture shall be without prejudice to the rights of the Trustee to charge and be reimbursed by the Borrower for any expenditures which it may thereafter incur in connection herewith. The Issuer or the Borrower may at any time surrender to the Trustee for cancellation by it any Bond previously authenticated and delivered which the Issuer or the Borrower lawfully may have acquired in any manner whatsoever, and such Bond upon such surrender and cancellation shall be deemed to be paid and retired. Section 10.02. Payment of Bond after Discharge of Indenture. Notwithstanding any provisions of this Indenture, any moneys deposited with the Trustee or any paying agent in trust for the payment of the principal of, or interest or premium on, the Bonds remaining unclaimed for two years after the principal of the Outstanding Bonds has become due and payable (whether at maturity or upon call for redemption or by declaration as provided in this Indenture), shall then be paid to the Borrower, and the owner of such Bonds shall thereafter be entitled to look only to the Borrower for payment thereof, and only to the extent of the amount so paid to the Borrower, and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease. In the event of the payment of any such moneys to the Borrower as aforesaid, the owner of the Bond in respect of which such moneys were deposited shall thereafter be deemed to be unsecured creditors of the Borrower for amounts equivalent to the respective amounts deposited for the payment of the Bond and so paid to the Borrower (without interest thereon). ARTICLE XI MISCELLANEOUS Section 11.01. Successors of the Issuer. All the covenants, stipulations, promises and agreements contained in this Indenture, by or on behalf of the Issuer, shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. If any of the powers or duties of the Issuer shall hereafter be transferred by any law of the State, and if such transfer shall relate to any matter or thing permitted or required to be done under this Indenture by the Issuer, then the body or official who shall succeed to such powers or duties shall act and be obligated in the place and stead of the Issuer as in this Indenture provided. Section 11.02. Limitation of Rights to Parties and Bondowner. Nothing in this Indenture or in the Bonds expressed or implied is intended or shall be construed to give to any person other -33- than the Issuer, the Trustee, the Bondowner Representative, the Borrower and the owner of the Bonds issued hereunder any legal or equitable right, remedy or claim under or in respect of this Indenture or any covenant, condition or provision therein or herein contained; and all such covenants, conditions and provisions are and shall be held to be for the sole and exclusive benefit of the Issuer, the Trustee, the Bondowner Representative, the Borrower and the owner of the Bonds issued hereunder. Section 11.03. Waiver of Notice. Whenever in this Indenture the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 11.04. Destruction of the Bond. Whenever in this Indenture provision is made for the cancellation by the Trustee and the delivery to the Issuer of a Bond, the Trustee may, in lieu of such cancellation and delivery, destroy the Bond and deliver a certificate of such destruction to the Issuer. Section 11.05. Separability of Invalid Provisions. In case any one or more of the provisions contained in this Indenture or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Indenture, but this Indenture shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 11.06. Notices. It shall be sufficient service of any notice, request, demand or other paper on the Issuer, the Trustee, the Bondowner Representative or the Borrower if the same shall, except as otherwise provided herein, be duly mailed by first class mail, postage prepaid, or given by telephone or telecopier and confirmed by such mail, and to the other parties and addressed as follows: The Issuer: County of Contra Costa Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attention: Affordable Housing Program Manager The Bondowner Representative: Umpqua Bank One Capital Mall, Suite 610 Sacramento, CA 95814 Attention: Monica Sharp The Trustee: U.S. Bank National Association One California Street, 10th Floor San Francisco, CA 94111 Attention: Francine Rockett, Vice President The Borrower: Coggins Square Apartments, L.P. c/o Bridge Housing 600 California Street, Suite 900 San Francisco, CA 94108 Attention: ____________ -34- with a copy to: Gubb & Barshay 505 14th Street, Suite 450 Oakland, CA 94612 Attention: Sarah C. Perez, Esq. and a copy to: National Affordable Housing Trust 2245 North Bank Drive, Suite 200 Columbus, OH 43220 Attention: ____________ and a copy to: Kutak Rock LLP 1650 Farnam Street Omaha, NE 68102 Attention: Jill H. Goldstein, Esq. The Issuer, the Trustee, the Bondowner Representative and the Borrower may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Section 11.07. Authorized Representatives. Whenever under the provisions of this Indenture the approval of the Issuer or the Borrower is required for any action, and whenever the Issuer or the Borrower is required to deliver any notice or other writing, such approval or such notice or other writing shall be given, respectively, on behalf of the Issuer by the Authorized Issuer Representative or on behalf of the Borrower by the Authorized Borrower Representative, and the Issuer, the Trustee, the Bondowner Representative and the Borrower shall be authorized to act on any such approval or notice or other writing and neither party hereto nor the Borrower shall have any complaint against the others as a result of any such action taken. Section 11.08. Evidence of Rights of Bondowner. Any request, consent or other instrument required by this Indenture to be signed and executed by the Bondowner may be in any number of concurrent writings of substantially similar tenor and may be signed or executed by the Bondowner in person or by agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, or of the ownership of the Bond, shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Bondowner Representative, the Trustee and of the Issuer if made in the manner provided in this Section. (a) The fact and date of the execution by any person of any such request, consent or other instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the person signing such request, consent or other instrument or writing acknowledged to him the execution thereof. (b) The ownership of the Bond shall be proved by the Bond register maintained pursuant to Section 2.06 hereof. The fact and the date of execution of any request, consent or other instrument and the amount and distinguishing numbers of the Bond held by the person so executing such request, consent or other instrument may also be proved in any other manner which the Trustee may deem sufficient. The Trustee may nevertheless, in its discretion, require further proof in cases where it may deem further proof desirable. -35- (c) Any request, consent or vote of the owner of the Bond shall bind every future owner of the Bond and the owner of any Bond issued in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Bondowner Representative, the Trustee or the Issuer in pursuance of such request, consent or vote. (d) In lieu of obtaining any demand, request, direction, consent or waiver in writing, the Trustee may call and hold a meeting with the Bondowner upon such notice and in accordance with such rules and regulations as the Bondowner Representative considers fair and reasonable for the purpose of obtaining any such action. Section 11.09. Waiver of Personal Liability. No recourse under or upon any obligation, covenant, warranty or agreement contained in this Indenture or in the Bond, or under any judgment obtained against the Issuer, or the enforcement of any assessment, or any legal or equitable proceedings by virtue of any constitution or statute or otherwise, or under any circumstances under or independent of this Indenture, shall be had against the Board of Supervisors of the Issuer, or any of the officers, agents or employees of the Issuer, as such past present or future of the Issuer, either directly or through the Issuer or otherwise, for the payment for or to the Issuer or any receiver of the Issuer, or for or to the owner of the Bond, or otherwise, of any sum that may be due and unpaid by the Issuer upon the Bond. Any and all personal liability of every nature whether at common law or in equity or by statute or by constitution or otherwise of the Board of Supervisors of the Issuer or of any such officer, agent or employee, past, present or future, of the Issuer, as such, by reason of any act or omission on his or her part or otherwise, for the payment for or to the owner of the Bond or otherwise of any sum that may remain due and unpaid upon the Bond secured by this Indenture or any of them is, by the acceptance of the Bond, expressly waived and released as a condition of and in consideration for the execution of this Indenture and the issuance of the Bond. Anything in this Indenture to the contrary notwithstanding, it is expressly understood by the parties to this Indenture that (a) the Issuer may rely exclusively on the truth and accuracy of any certificate, opinion, notice or other instrument furnished to the Issuer by the Trustee, the Bondowner Representative or the Borrower as to the existence of any fact or state of affairs, (b) the Issuer shall not be under any obligation under this Indenture to perform any record keeping or to provide any legal services, it being understood that such services shall be performed or caused to be performed by the Trustee or by the Bondowner Representative and (c) none of the provisions of this Indenture shall require the Issuer to expend or risk its own funds or otherwise to incur financial liability in the performance of any of its duties or in the exercise of any of its rights or powers under this Indenture, unless it shall first have been adequately indemnified to its satisfaction against any costs, expenses and liability which it may incur as a result of taking such action. No covenant, stipulation, obligation or agreement of the Issuer contained in this Indenture shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future officer, agent or employee of the Issuer, member of the Board of Supervisors of the Issuer in other than that person’s official capacity. No Supervisor, officer, agent or employee of the Issuer shall be individually or personally liable for the payment of the principal or redemption price of or interest on the Bond or be subject to any personal liability or accountability by reason of the issuance of the Bond. It is recognized that notwithstanding any other provision of this Indenture, neither the Borrower, the Trustee nor the Bondowner shall look to the Issuer for damages suffered by the Borrower, the Trustee or the Bondowner as a result of the failure of the Issuer to perform any covenant, undertaking or obligation under this Indenture, the Loan Agreement, the Bonds or any of the other documents referred to herein, or as a result of the incorrectness of any representation -36- made by the Issuer in any of such documents, nor for any other reason. Although this Indenture recognizes that such documents shall not give rise to any pecuniary liability of the Issuer, nothing contained in this Indenture shall be construed to preclude in any way any action or proceeding (other than that element of any action or proceeding involving a claim for monetary damages against the Issuer) in any court or before any governmental body, agency or instrumentality or otherwise against the Issuer or any of its supervisors, officers or employees to enforce the provisions of any of such documents which the Issuer is obligated to perform and the performance of which the Issuer has not assigned to the Trustee or any other person; provided, however, that as a condition precedent to the Issuer proceeding pursuant to this Section 11.09, the Issuer shall have received satisfactory indemnification. Section 11.10. Holidays. If the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Indenture, is not a Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the date provided therefor in this Indenture and, in the case of any payment, no interest shall accrue for the period from and after such date. Section 11.11. Execution in Several Counterparts. This Indenture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same instrument. Section 11.12. Governing Law, Venue. The formation, interpretation and performance of this Indenture shall be governed by the laws of the State. Venue for all litigation arising from or in connection with the Bonds or this Indenture shall be in the County. Section 11.13. Successors. Whenever in this Indenture either the Issuer, the Trustee or the Bondowner Representative is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Indenture contained by or on behalf of the Issuer, the Trustee or the Bondowner Representative shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 11.14. Non-Waiver of Rights. The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter. [Issuer’s Signature Page to Indenture for Coggins Square Apartments] S-1 IN WITNESS WHEREOF, the COUNTY OF CONTRA COSTA, CALIFORNIA has caused this Indenture to be signed in its name and U.S. BANK NATIONAL ASSOCIATION, in token of its acceptance of the trust created hereunder, and the Bondowner Representative have each caused this Indenture to be signed in its respective name, all as of the day and year first above written. COUNTY OF CONTRA COSTA, CALIFORNIA By: John Kopchik, Director, Department of Conservation and Development [Trustee’s Signature Page to Indenture for Coggins Square Apartments] S-2 U.S. BANK NATIONAL ASSOCIATION, as Trustee By: ______________, Vice President [Bondowner Representative’s Signature Page to Indenture for Coggins Square Apartments] S-3 UMPQUA BANK, as Bondowner Representative By: Monica Sharp Vice President A-1 EXHIBIT A FORM OF BOND THIS BOND MAY BE OWNED ONLY BY A SOPHISTICATED INVESTOR (DEFINED AS (A) UMPQUA BANK; (B) ANY AFFILIATE OF UMPQUA BANK; AND (C) A QUALIFIED INSTITUTIONAL BUYER (A “QIB”) AS DEFINED IN RULE 144A AS PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED; AND THE HOLDER HEREOF, BY THE ACCEPTANCE OF THIS BOND, REPRESENTS THAT IT IS A SOPHISTICATED INVESTOR, AND ACKNOWLEDGES THAT IT CAN ONLY TRANSFER THIS BOND IN WHOLE TO SOPHISTICATED INVESTORS IN ACCORDANCE WITH THE LIMITATIONS SET FORTH IN ARTICLE II OF THE INDENTURE HEREINAFTER DEFINED. THE FAITH AND CREDIT OF THE COUNTY OF CONTRA COSTA, CALIFORNIA IS NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR PREMIUM OR INTEREST ON THIS BOND. No. R-1 $_____________ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF CONTRA COSTA, CALIFORNIA MULTIFAMILY HOUSING REVENUE BOND (COGGINS SQUARE APARTMENTS) [, 2020 SERIES C-1][, 2020 SERIES C-2] REGISTERED OWNER: UMPQUA BANK PRINCIPAL SUM: UP TO [___________________________________________] DOLLARS ($[_________]$[_________]) ISSUE DATE: [____________], 2020 The County of Contra Costa, California, a public body corporate and politic, duly organized and existing under its charter and the laws of the State of California (herein called the “Issuer”), for value received, hereby promises to pay (but only out of Revenues as hereinafter provided) to the Registered Borrower identified above or registered assigns, on March __, 2020 [______________] (subject to prior redemption as provided in the Indenture) the sum of up to [___________________________________________] DOLLARS ($[__________]) in lawful money of the United States, with interest thereon from the date of disbursement until paid at the rates described below. The actual unpaid principal hereof shall be equal to the funds disbursed by the Bondowner Representative under the Indenture and the Loan Agreement to fund a portion of the Loan, less any portion of the principal hereof redeemed pursuant to the Indenture. Capitalized terms used in this Bond and not defined herein shall have the meanings given such terms in the Indenture referenced below, or in the [Series 2020C-1] [Series 2020C-2] Note (as defined in the Indenture), made by Coggins Square Apartments, L.P., a California limited partnership (the “Borrower”), to the order of the Issuer. This Bond shall bear interest as set forth in the [Series 2020C-1] [Series 2020C-2] Note. This Bond shall bear interest from the date to which interest has been paid on this Bond next preceding the date of authentication hereof, unless this Bond is authenticated as of an Interest Payment Date for which interest has been paid, in which event it shall bear interest from A-2 such Interest Payment Date, or unless it is authenticated on or before the first Interest Payment Date, in which event it shall bear interest from the Closing Date. In the event the Issuer fails to make the timely payment of any monthly payment, the Issuer shall pay interest on the then Outstanding Balance at a default rate (the “Default Rate”) as defined in the Indenture; provided, however, that such rate shall under no circumstances exceed the Maximum Rate. This Bond is the duly authorized bond of the Issuer designated as the “County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), [, 2020 Series C-1” (the “Series 2020C-1 Bond”), in the initial maximum principal amount of up to $____________] [, 2020 Series C-2” (the “Series 2020C-2 Bond”), in the initial maximum principal amount of up to $____________] issued along with the “County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), [, 2020 Series C-1” (the “Series 2020C-2 Bond”] [, 2020 Series C-2” (the “Series 2020C-2 Bond” and together with the Series 2020C-2 Bond, the “Bond”)]. This [Series C-1][Series C-2] Bond is issued in accordance with Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California (the “Act”) and a resolution of the Board of Supervisors of the Issuer (the “Resolution”) and issued under and secured by an Indenture of Trust, dated as of March 1, 2020 (the “Indenture”), among the Issuer, U.S. Bank National Association, as the Trustee and Umpqua Bank, as initial Bondowner Representative. Reference is hereby made to the Indenture and all indentures supplemental thereto for a description of the rights thereunder of the owner of the Bond, of the nature and extent of the security, of the rights, duties and immunities the Trustee and the Bondowner Representative, and of the rights and obligations of the Issuer thereunder, to all of the provisions of which Indenture the holder of this Bond, by acceptance hereof, assents and agrees. The proceeds of the Bond will be used to make a loan to the Borrower pursuant to a Construction and Term Loan Agreement, dated as of March 1, 2020 (the “Loan Agreement”) among the Issuer, Umpqua Bank, as Bondowner Representative and Bank, and the Borrower, to finance the acquisition and rehabilitation of a residential rental project located in Contra Costa County, California. THIS BOND IS A SPECIAL LIMITED OBLIGATION OF THE ISSUER PAYABLE SOLELY FROM THE REVENUES, INCOME AND RECEIPTS OF THE ISSUER PLEDGED TO THE PAYMENT THEREOF. THIS BOND DOES NOT CONSTITUTE, WITHIN THE MEANING OF ANY STATUTORY OR CONSTITUTIONAL PROVISION, AN INDEBTEDNESS, AN OBLIGATION OR A LOAN OF CREDIT OF THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE, EXCEPT OF THE ISSUER TO THE LIMITED EXTENT SET FORTH IN THE INDENTURE. THE ISSUER HAS NO TAXING POWER. This Bond is a limited obligation of the Issuer issued in accordance with the Act and, as and to the extent set forth in the Indenture, is payable solely from, and secured by a pledge of and lien on, the Revenues (as that term is defined in the Indenture), consisting primarily of amounts paid by the Borrower pursuant to the Loan Agreement and amounts in certain funds and accounts established under the Indenture. This Bond shall be subject to redemption prior to maturity, at a price and upon such terms as are provided in the Indenture. No notice of redemption of this Bond need be given to the registered owner of this Bond, and the owner of this Bond, by acceptance hereof, expressly waives any requirement for any notice of redemption. The principal of this Bond may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture. A-3 This Bond is transferable by the registered owner hereof, in person, or by its attorney duly authorized in writing, at the Principal Office of the Trustee, but only in the manner, subject to the limitations (including those contained in Section 2.05(b) of the Indenture) and upon payment of the charges provided in the Indenture, and upon surrender and cancellation of this Bond. Upon such transfer a new fully registered Bond will be issued to the transferee in exchange therefor. The Issuer and the Trustee may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Issuer and the Trustee shall not be affected by any notice to the contrary. The schedule of drawings attached as Exhibit A hereto shall be used by the Trustee to record the payment of the purchase price of this Bond from time to time (such purchase price to be advanced from time to time by the Holder of this Bond as provided in the Indenture and the Loan Agreement), which shall evidence the principal amount of this Bond purchased by the Bondowner Representative from time to time. The Trustee shall credit any advanced funds toward the purchase price of this Bond on the schedule of drawings attached hereto as Exhibit A. The total amount outstanding under the Bond may not exceed $____________ at any time and no portion of the purchase price therefor shall be funded after March 1, 2023, unless there is delivered to the Trustee an opinion of Bond Counsel to the effect that such funding will not adversely affect the exclusion from gross income for purposes of federal income taxation of interest on this Bond. The Indenture contains provisions permitting the Issuer, the Trustee and the Bondowner Representative to execute supplemental indentures adding provisions to, or changing or eliminating any of the provisions of, the Indenture, subject to the limitations set forth in the Indenture. The Issuer hereby certifies that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State (including the Act). This Bond shall not be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been manually signed by the Trustee. In the event of any conflict between the terms of this Bond and the terms of the Indenture, the terms of the Indenture shall control. [Remainder of Page Intentionally Left Blank] A-4 The Issuer has caused this Bond to be executed in its name by the manual or facsimile signature of its Chair of the Board of Supervisors, all as of the date first written above. COUNTY OF CONTRA COSTA, CALIFORNIA By: Candace Anderson, Chair of the Board of Supervisors FORM OF CERTIFICATE OF AUTHENTICATION This is the Bond described in the within mentioned Indenture and has been authenticated and registered on ______________. U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Its: A-5 FORM OF ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint attorney, to transfer the same on the registration books of the Trustee, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor. NOTICE: The signature on this assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. A-6 SCHEDULE OF DRAWINGS Purchase Amount Purchase Date Signature of Trustee B-1 EXHIBIT B FORM OF INVESTOR LETTER March __, 2020 County of Contra Costa, California Martinez, California U.S. Bank National Association San Francisco, California $____________ County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 and $____________ County of Contra Costa, California Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2 Ladies and Gentlemen: The undersigned (the “Investor”) hereby represents and warrants to you as follows: 1. The Investor proposes to purchase all of the aggregate principal amount of the above captioned bonds (the “Bonds”) issued pursuant to that certain Indenture of Trust dated as of March 1, 2020 (the “Indenture”), by and among the County of Contra Costa, California (the “Issuer”), U.S. Bank National Association, as Trustee (the “Trustee”) and Umpqua Bank, as Bondowner Representative (the “Bondowner Representative”). The Investor understands that the Bonds are not rated by any securities rating agency and are secured only by Coggins Square Apartments and the revenues therefrom, and will only be sold to the Investor with the above addressed parties relying upon the representations and warranties of the Investor set forth herein. The Investor acknowledges that no offering document has been prepared in connection with the issuance and sale of the Bonds. The Investor has requested and received all materials which the Investor has deemed relevant in connection with its purchase of the Bonds (the “Offering Information”). The Investor has reviewed the documents executed in conjunction with the issuance of the Bonds, including, without limitation, the Indenture and the Loan Agreement. All capitalized terms used herein and not otherwise defined shall have the meanings ascribed thereto in the Indenture. 2. The Investor hereby waives the requirement of any “due diligence investigation or inquiry” by the Issuer, by each official of the Issuer, by each employee of the Issuer, by each member of the Board of Supervisors of the Issuer, and by counsel to the Issuer, the Trustee, counsel to the Trustee, the Bondowner Representative, counsel to the Bondowner Representative and Bond Counsel in connection with the authorization, execution and delivery of the Bonds and the Investor’s purchase of the Bonds. The Investor recognizes and agrees that the Issuer, each official of the Issuer, each employee of the Issuer, each member of the Board of Supervisors of the B-2 Issuer, counsel to the Issuer, the Trustee, counsel to the Trustee, the Bondowner Representative, counsel to the Bondowner Representative and Bond Counsel have made no representations or statements (expressed or implied) with respect to the accuracy or completeness of any of the materials reviewed by the Investor in connection with the Investor’s purchase of the Bonds. In making an investment decision, the Investor is relying upon its own examination of the Issuer, the Borrower, the Project and the terms of the offering. 3. The Investor has been provided an opportunity to ask questions of, and the Investor has received answers from, representatives of the Issuer and the Borrower regarding the terms and conditions of the Bonds, and the Investor has obtained all additional information requested by it in connection with the Bonds. 4. The Investor has sufficient knowledge and experience in business and financial matters in general, and investments such as the Bonds in particular, and is capable of evaluating the merits and risks involved in an investment in the Bonds. The Investor is able to bear the economic risk of, and an entire loss of, an investment in the Bonds. 5. The Investor is purchasing the Bonds solely for its own account for investment purposes and has no present intention to resell or distribute the Bonds, provided that the Investor reserves the right to transfer or dispose of the Bonds, at any time, and from time to time, in its complete and sole discretion, subject, however, to the restrictions described in Section 2.05(b) of the Indenture. The Investor hereby agrees that the Bond may only be transferred in whole and in accordance with the Indenture, including Article II thereof, to a single investor, which must execute and deliver to the parties addressed above a form of this Investor Letter. 6. The Investor agrees that it will only offer, sell, pledge, transfer or exchange the Bonds (or any legal or beneficial interest therein) (i) in accordance with an available exemption from the registration requirements of Section 5 of the Securities Act of 1933, as amended (the “1933 Act”), (ii) in accordance with any applicable state securities laws and (iii) in accordance with the transfer restrictions set forth in the Bonds and the Indenture. The Investor agrees that the Bonds will not be transferred to or held in a pool, trust or similar arrangement and that it will not sell any participating interests in the Bond, except that the owner of the Bonds may sell participation interests as permitted by Section 2.05(d) of the Indenture. 7. The Investor is a Sophisticated Investor as defined in the Indenture and understand that the Bonds may be offered, resold, pledged or transferred only in whole and only to a Sophisticated Investor. 8. If the Investor sells the Bonds (or any legal or beneficial interest therein), the Investor or its agent will obtain for the benefit of each of you from any subsequent purchaser an Investor Letter in the form of this Letter or such other materials as are required by the Bonds and the Indenture to effect such sale and purchase. The Investor understands and agrees that the Trustee is not authorized to register any transfer of the Bonds prior to receipt of such Investor Letter. 9. Neither the Bondowner Representative, the Trustee, Bond Counsel, counsel to the Issuer, the Issuer, its Board of Supervisors, or any of its employees or agents will have any responsibility to the Investor for the accuracy or completeness of information obtained by the Investor from any source regarding the Project, the Issuer, the Borrower or their financial conditions or regarding the Bonds, the provisions for payment thereof, or the sufficiency of any security therefor, including, without limitation, any information specifically provided by any of such parties contained in the Offering Information. The Investor acknowledges that, as between Investor and all of such parties: (a) the Investor has assumed responsibility for obtaining such B-3 information and making such review as the Investor has deemed necessary or desirable in connection with its decision to purchase the Bonds and (b) the Offering Information and any additional information specifically requested from the Issuer or the Borrower and provided to the Investor prior to closing constitute all the information and review, with the investigation made by Investor (including specifically the Investor’s investigation of the Issuer, the Project and the Borrower) prior to its purchase of the Bond, that Investor has deemed necessary or desirable in connection with its decision to purchase the Bond. 10. The Investor understands that (a) the Bonds have not been registered with any federal or state securities agency or commission, and (b) no credit rating has been sought or obtained with respect to the Bonds, and the Investor acknowledges that the Bonds are speculative investment and that there is a high degree of risk in such investment. 11. The Investor acknowledges that the Bonds are limited obligations of the Issuer, payable solely from the revenues or other amounts provided by or at the direction of the Borrower, and is not an obligation payable from the general revenues or other funds of the Issuer, the State or any political subdivision of the State. The Investor acknowledges that the Issuer is issuing the Bonds on a conduit, nonrecourse basis, and has no continuing obligations with respect thereto except as expressly set forth in the Indenture. 12. The Investor has the authority to purchase the Bonds and to execute this letter and other documents and instruments required to be executed by the Investor in connection with its purchase of the Bonds. The individual who is executing this letter on behalf of the undersigned is a duly appointed, qualified and acting officer of the Investor and authorized to cause the Investor to make the certifications, representations and warranties contained herein by the execution of this letter on behalf of the Investor. 13. The Investor acknowledges that no offering document has been produced in connection with the issuance or sale of the Bonds. 14. The Investor agrees to indemnify and hold harmless the Issuer, the Issuer’s Supervisors, officials, officers, employees, agents, attorneys, accountants, advisors, consultants, servants past, present and future with respect to any claim asserted against any of them that is based upon the Investor’s sale, transfer or other disposition of its interests in the Bonds in violation of the provisions of the Indenture or any inaccuracy in any statement made by the Investor in this letter. Capitalized terms used and not otherwise defined herein have the meanings given such terms in the Indenture. Very truly yours, UMPQUA BANK, as Bond Purchaser By: Monica Sharp Vice President C-1 EXHIBIT C FORM OF CONSTRUCTION FUND DISBURSEMENT REQUEST Draw Number _____ To: U.S. Bank National Association, as trustee (the “Trustee”) under that certain Indenture of Trust, dated as of March 1, 2020 (the “Indenture”), among the Trustee, the County of Contra Costa, California and Umpqua Bank, as the initial Bondowner Representative. 1. You are requested to disburse funds from the Construction Fund pursuant to Section 3.03 of the Indenture as Draw number ______ in the aggregate amount of $__________ consisting of funds from the following accounts in the following amounts: Bond Proceeds Account: $__________ Standard Equity Account: $__________ Conversion Equity Account: $__________ for disbursement in the amount(s), to the person(s) and for the purpose(s) set forth on Schedule I attached hereto and incorporated herein by reference. Capitalized terms not defined herein have the meanings assigned thereto in the Indenture. 2. The undersigned certifies that: (i) there has been received no notice (A) of any lien, right to lien or attachment upon, or claim affecting the right of the payee to receive payment of, any of the moneys payable under such requisition to any of the persons, firms or corporations named therein, and (B) that any materials, supplies or equipment covered by such requisition are subject to any lien or security interest, or if any notice of any such lien, attachment, claim or security interest has been received, such lien, attachment, claim or security interest has been released, discharged, insured or bonded over or will be released, discharged, insured or bonded over upon payment of the requisition; (ii) such requisition contains no items representing payment on account of any percentage entitled to be retained at the date of the certificate; (iii) the obligation stated on the requisition has been incurred in or about the acquisition or rehabilitation of the Project, each item is a proper charge against the Construction Fund, and the obligation has not been the basis for a prior requisition that has been paid; (iv) such requisition contains no items representing any Issuance Costs or any other amount constituting an issuance cost under Section 147(g) of the Code; (v) not less than 95% of the sum of: (A) the amounts requisitioned by this Requisition to be funded with the proceeds of the Bonds plus (B) all amounts allocated to the Bonds previously disbursed from the Construction Fund, have been or will be applied by the Borrower to pay Qualified Project Costs; (vi) as of the date hereof no event or condition has happened or is happening or exists that constitutes, or that with notice or lapse of time or both, would constitute, an Event of Default under and as defined in the Loan Agreement or, to our knowledge, a default under the Indenture; and C-2 (vii) such requisition complies with all applicable requirements of the Regulatory Agreement, as well as with all applicable requirements of the Loan Agreement and the Tax Certificate. [Remainder of page intentionally left blank] C-3 3. The Borrower has obtained written consent of the Bondowner Representative to this disbursement, as evidenced by its signature below. Dated: ___________________ COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: Its: APPROVED: UMPQUA BANK, BONDOWNER REPRESENTATIVE By: Name: Title: C-4 SCHEDULE I 1 [Coggins Square] 4822-6171-6148.2 0050033-002220 CONSTRUCTION AND TERM LOAN AGREEMENT This CONSTRUCTION AND TERM LOAN AGREEMENT (as amended and supplemented from time to time, this “Agreement”) is made and entered into as of ______________, 2020, by and among COGGINS SQUARE APARTMENTS, L.P., a California limited partnership (“Borrower”), whose address is c/o BRIDGE Housing Corporation, 600 California Street, Suite 900, San Francisco, California 94108 , the COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic (together with its successor and assigns, “Issuer”), and UMPQUA BANK , an Oregon banking corporation (“Bondowner Representative ”), whose address is One Capitol Mall, Suite 610, Sacramento, California 95814. R E C I T A L S : A. Issuer is a public body, corporate and politic, duly formed and validly existing under the laws of the State of California. Pursuant to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California (the “Act”), Issuer is authorized and empowered to issue revenue bonds and apply the proceeds to make loans for the acquisition, construction and development of multifamily rental housing for persons of low and moderate income. B. Borrower has requested that Issuer issue its Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 in the original principal amount of ///[$7,476,200]/// (the “Series C-1 Bond”) and its Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C -2 in the original principal amount of ///[$24,626,838]/// (the “Series C-2 Bond”; and together with the Series C-1 Bond, the “Bonds ”) for the purpose of making two loans (collectively, the “Loans ”) to Borrower to finance, in part, the rehabilitation of a eighty-seven (87)-unit multifamily housing project known as “Coggins Square Apartments” (the “Improvements ” or the “Project”), on certain real property located in the County of Contra Costa, State of California, more particularly described on Exhibit A attached hereto (the “Property”). The Bonds shall be issued pursuant to that certain Indenture of Trust of even date herewith, by and among Issuer, U.S. Bank National Association, as Trustee (together with its successors and assigns under the Indenture, “Bond Trustee ”), and Bondowner Representative (as amended and supplemented from time to time, the “Indenture ”). C. Issuer deems it desirable and in keeping with its governmental purpose to issue the Bonds and use the proceeds thereof to make the Loans to Borrower for the purposes described above under the terms and conditions contained in this Agreement. The Loans are comprised of (1) a convertible term loan in the maximum principal amount of ///[Seven Million Four Hundred Seventy-Six Thousand Two Hundred and No/100th Dollars ($7,476,200)]/// (the “Convertible Loan”), and (2) a construction loan in the maximum principal amount of ///[Twenty-Four Million Six Hundred Twenty-Six Thousand Eight Hundred Thirty-Eight and No/100th Dollars ($24,626,838)]/// (the “Construction Loan”). The Convertible Loan shall be evidenced by that certain Promissory Note (Convertible Note) of even date herewith, executed by Borrower to the order of Issuer in the face principal amount of ///[$7,476,200]/// (as amended and supplemented from time to time, the “Convertible Note ”), and the Construction Loan shall be evidenced by that certain Promissory Note (Construction Note) of even date herewith, executed by Borrower to the order of Issuer in the face principal amount of ///[$24,626,838]/// - 2 - [Coggins Square] 4822-6171-6148.2 0050033-002220 (as amended and supplemented from time to time, the “Construction Note ”, and together with the Convertible Note, the “Notes ”). The Notes are secured by that certain Construction and Permanent Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing of even date herewith, executed by Borrower for the benefit of Issuer and recorded in the Official Records substantially concurrently with the Closing Date (as amended and supplemented from time to time, the “Deed of Trust”), which Deed of Trust shall be assigned by Issuer to the Bond Trustee. D. The interests of Issuer in this Agreement, the Notes, the Deed of Trust and the other Loan Documents, excluding the Reserved Rights (as defined in the Indenture), have been assigned by Issuer to Bond Trustee, pursuant to that certain Assignment of Deed of Trust and Loan Documents of even date herewith, recorded in the Official Records substantially concurrently with the Deed of Trust (as amended and supplemented from time to time, the “Assignment of Deed of Trust”). E. Issuer and Bondowner Representative are each executing this Agreement, and are willing to make the Loans to Borrower and purchase the Bond, respectively, solely under the terms and conditions specified in this Agreement and in the other Loan Documents, to each of which Borrower agrees. Borrower understands and agrees that: (1) in granting, renewing, or extending the Loan, Issuer and Bondowner Representative are each relying upon Borrower ’s representations, warranties, and agreements as set forth in this Agreement, and (2) the Loans shall be and remain subject the following terms and conditions of this Agreement. F. In order to secure additional financing for the Project, Borrower has obtained three loans from the County of Contra Costa, California, a public body, corporate and politic (the “County”), in the aggregate principal amount of $______________ (the “County Loan”), pursuant to that certain ///[Loan Agreement]/// dated as of ____________________, 2020, by and between Borrower and the County (the “County Loan Agreement”). The County Loan is evidenced by that certain ///[Promissory Note]/// dated as of __________________, 2020, executed by Borrower to the order of the County in the face principal amount of $____________ (the “County Note ”), and secured by that certain ///[Deed of Trust]/// dated as of _________________, 2020, executed by Borrower for the benefit of the County and recorded in the Official Records substantially concurrently with the Deed of Trust (the “County Deed of Trust”). G. In order to secure additional financing for the Project, Borrower has obtained a loan from BRIDGE Housing Corporation, a California nonprofit public benefit corporation (in such capacity, “Sponsor”), in the principal amount of ///[$11,548,157]/// (the “Sponsor Loan”), pursuant to that certain ///[Loan Agreement]/// dated as of ____________________, 2020, by and between Borrower and Sponsor (the “Sponsor Loan Agreement”). The Sponsor Loan is evidenced by that certain ///[Promissory Note ]/// dated as of __________________, 2020, executed by Borrower to the order of Sponsor in the face principal amount of ///[$11,548,157]/// (the “Sponsor Note ”), and secured by that certain ///[Deed of Trust]/// dated as of _________________, 2020, executed by Borrower for the benefit of Sponsor and recorded in the Official Records substantially concurrently with the Deed of Trust (the “Sponsor Deed of Trust”). - 3 - [Coggins Square] 4822-6171-6148.2 0050033-002220 H. In order to secure additional financing for the Project, Borrower has obtained a loan from Coggins Square Apartments LLC, a California limited liability company (“General Partner”), in the principal amount of ///[$1,561,811]/// (the “GP Loan”), pursuant to that certain ///[Loan Agreement]/// dated as of ____________________, 2020, by and between Borrower and General Partner (the “GP Loan Agreement”). The GP Loan is evidenced by that certain ///[Promissory Note]/// dated as of __________________, 2020, executed by Borrower to the order of General Partner in the face principal amount of ///[$1,561,811]/// (the “GP Note ”), and secured by that certain ///[Deed of Trust]/// dated as of _________________, 2020, executed by Borrower for the benefit of General Partner and recorded in the Official Records substantially concurrently with the Deed of Trust (the “GP Deed of Trust”). I. Borrower shall also receive additional funds for the Project from _________________________________, a _____________________________, in its capacity as investor limited partner in Borrower (together with its permitted successors and assigns, “Investor”), in the projected aggregate amount of ///[$16,468,949]/// (the “Equity Deposits ”), in accordance with the terms and conditions of the Partnership Agreement. NOW, THEREFORE, for value, the parties agree as follows: SECTION 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions . As used in this Agreement: 1.1.1 “Act” shall have the meaning set forth in the Recitals. 1.1.2 “Affiliate” means, with respect to any Person, (i) any other Person which directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, (A) such Person or (B) any general partner of such Person; (ii) any other Person 50 percent or more of the equity interest of which is held beneficially or of record by (A) such Person or (B) any general partner of such Person, and (iii) any general or limited partner of (A) such Person or (B) any general partner of such Person. As used in the previous sentence, “control” means the possession, directly or indirectly, of the power to cause the direction of the management of a Person, whether through voting securities, by contract, family relationship or otherwise. 1.1.3 “AHAP Contract” means that certain ///[PBV Agreement to Enter Into Housing Assistance Payments Contract]/// dated as of _________________, 2020, by and between Borrower and Contract Administrator. 1.1.4 “Appraisal” means the appraisal prepared by _______________________ dated __________________, 2019. 1.1.5 “Approved Budget” means the line item budget for the Project as reviewed and approved by Bondowner Representative and set forth in Exhibit B attached hereto, and as modified from time to time in accordance with this Agreement. 1.1.6 “Approved Construction Costs” means the hard and soft costs of constructing the Project, as shown on the Approved Budget. - 4 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.7 “Architect ” means TWM Architects + Planners. 1.1.8 “Architect’s Contract” means that certain Standard Form of Agreement Between Owner and Architect dated as of __________________, by and between Borrower and Architect. 1.1.9 “Architectural Documents” means the Architect’s Contract, the engineering contracts and all plans and specifications for the Project prepared by the Architect and the engineers. 1.1.10 “Assignment of Deed of Trust” shall have the meaning set forth in the Recitals. 1.1.11 “Assignment of AHAP” means the Assignment of Agreement to Enter Into Housing Assistance Payments Contract dated as of even date herewith, executed by Borrower for the benefit of Bond Trustee and consented to by Contract Administrator. 1.1.12 “Bonds” shall have the meaning set forth in the Recitals. 1.1.13 “Bond Trustee Annual Fee” means the annual fee of the Bond Trustee in the amount of $___________, payable in advance by the Borrower to the Bond Trustee on the Closing Date and on each ///[April]/// 1 thereafter, so long as any portion of the Bonds are outstanding. 1.1.14 “Bond Documents” means, collectively, the Bond s, the Indenture, the Bond Regulatory Agreement, the Assignment of Deed of Trust, the Tax Certificate, the UCC-1 and UCC-2 Financing Statements filed in connection with the Indenture, and all other documents now or hereafter executed by Borrower, Issuer, Bond Trustee and/or Bondowner Representative in connection with the Bonds. 1.1.15 “Bond Regulatory Agreement” means that certain Regulatory Agreement and Declaration of Restrictive Covenants dated as of _________________ 1, 2020, by and among Issuer, Bond Trustee and Borrower, recorded in the Official Records substantially concurrently with the Deed of Trust. 1.1.16 “Bond Trustee” shall have the meaning set forth in the Recitals. 1.1.17 “Business Day” means a day when Bondowner Representative is open to the public in Sacramento, California, for carrying on substantially all of its banking functions other than a Saturday, Sunday, or national bank holiday. 1.1.18 “Closing Date” means ____________, 2020. 1.1.19 “Closing Deadline ” means _____________, 2020. 1.1.20 “Code” means the United States Internal Revenue Code of 1986, as amended. - 5 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.21 “Collateral” means the Project, including the Property and present and future buildings, improvements, systems, fixtures, equipment, machinery, furniture, tools, and furnishings on or used in connection therewith, and all present and future governmental approvals, permits, licenses, certificates, leases, executory contracts, accounts, instruments, documents, chattel paper, rents, income, deposits, money, general intangibles (including trade name) and entitlements, profits, proceeds, books, and records arising therefrom or related thereto, together with any other tangible or intangible assets in which Bondowner Representative is granted a Lien or Lien pursuant to any Security Document. 1.1.22 “Conditions to Conversion” shall have the meaning set forth in Section 8. 1.1.23 “Construction Account” means the deposit account (Account No. _____________________) in Borrower’s name at Bondowner Representative into which proceeds of the Loans and other Funding Sources will be deposited by Bond Trustee as Disbursements for Approved Construction Costs. 1.1.24 “Construction Commencement Deadline” means the date that is thirty (30) days after the Closing Date. 1.1.25 “Construction Completion Deadline” means _________________, 20___. 1.1.26 “Construction Contract” means that certain Standard Form of Agreement Between Owner and Contractor where the basis of payment is ___________________________________ dated as of ____________________, 20___, pursuant to which Contractor will rehabilitate the Project. 1.1.27 “Construction Documents” means the Architectural Documents, the Construction Contract, the Approved Budget, the schedule of Approved Construction Costs, and the construction schedule approved by Bondowner Representative. 1.1.28 “Construction Loan” has the meaning ascribed to such term in the Recitals, designated Loan No. ____________. 1.1.29 “Construction Loan Maturity Date” means, as applicable, the Initial Construction Loan Maturity Date or the Extended Construction Loan Maturity Date. 1.1.30 “Construction Note” has the meaning set forth in the Recitals. 1.1.31 “Construction Period” means the period from the date of this Agreement through the earlier to occur of the Construction Loan Maturity Date and the Conversion Date. 1.1.32 “Contract Administrator” means ____________________________, a ______________________________. 1.1.33 “Contractor” means Deacon Construction, Inc., a California corporation, the general contractor for the Project. - 6 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.34 “Conversion” means, upon satisfaction of the Conditions to Conversion, the conversion of the Convertible Loan from a floating interest rate construction loan to a fixed interest rate term loan and the extension of the Maturity Date of the Convertible Loan from the Construction Loan Maturity Date to the Convertible Loan Maturity Date . 1.1.35 “Conversion Date” shall have the meaning set forth in Section 8.2. 1.1.36 “Conversion Election Notice” shall have the meaning set forth in Section 8.2. 1.1.37 “Conversion Notice” shall have the meaning set forth in Section 8.2. 1.1.38 “Convertible Loan” has the meaning set forth in the Recitals, designated Loan No. ____________. 1.1.39 “Convertible Loan Maturity Date” means the date that is seventeen (17) years after the Conversion Date. 1.1.40 “Convertible Note” has the meaning set forth in the Recitals. 1.1.41 “County” has the meaning set forth in the Recitals. 1.1.42 “County Deed of Trust” has the meaning set forth in the Recitals. 1.1.43 “County Loan” has the meaning set forth in the Recitals. 1.1.44 “County Loan Agreement” has the meaning set forth in the Recitals. 1.1.45 “County Loan Documents” means, collectively, the County Loan Agreement, the County Note, the County Deed of Trust, ///[the County Regulatory Agreement]///, and all other documents evidencing, securing or otherwise executed in connection with the County Loan. 1.1.46 “County Note” has the meaning set forth in the Recitals. 1.1.47 “County Regulatory Agreement” means that certain __________________ dated as of ____________, 2020, by and between Borrower and the County. 1.1.48 “County Subordination Agreement” means that certain Subordination Agreement (Contra Costa County) dated as of the date hereof, by and among Borrower, Bondowner Representative and the County and recorded in the Official Records substantially concurrently with the Deed of Trust. 1.1.49 “Credit Agency” means the California Tax Credit Allocation Committee. 1.1.50 “Debt Service” means, for any period, the sum of all principal and interest payments which would be due and payable under the Loan Documents during the period. - 7 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.51 “Debt Service Coverage Ratio” means, for any period, the ratio of (a) Net Cash Flow for such period divided by (b) Debt Service for such period. 1.1.52 “Deed of Trust” shall have the meaning set forth in the Recitals. 1.1.53 “Default Rate” means an interest rate equal to the then current rate on the Note, plus five percent (5%). 1.1.54 “Deferred Developer Fee” means the final $____________ of the Developer Fee to be paid to Developer. 1.1.55 “Developer” means BRIDGE Housing Corporation, a California nonprofit public benefit corporation. 1.1.56 “Developer Fee” means the $____________ developer fee payable to the Developer pursuant to the Development Agreement, as set forth in the schedule attached hereto as Exhibit C-2. 1.1.57 “Development Agreement” means that certain ///[Development Services Agreement]/// by and between Developer and Borrower, dated as of ______________, 2020, as may be amended, restated, replaced, supplemented , or otherwise modified from time to time. 1.1.58 “Disbursement” means, as applicable, (a) an advance of Loan proceeds to the Bond Proceeds Account (as defined in the Indenture) of the Construction Fund (as defined in the Indenture) held by the Bond Trustee (which disbursements shall first be made under the Convertible Note until the full amount of the Convertible Note is outstanding and then from the Construction Note), (b) an advance of Loan proceeds from the Bond Trustee into the Construction Account, or (c) a disbursement of other Funding Sources from the Equity Account (as defined in the Indenture) of the Construction Fund (as defined in the Indenture) into the Construction Account, each as made or approved by Bondowner Representative upon the terms set forth herein. 1.1.59 “DSCR Shortfall Account” shall have the meaning set fo rth in Section ___________. 1.1.60 “Environmental Reports” means, that certain ///[Phase One Environmental Site Assessment]/// dated as of ________________, prepared by ________________________ under Project No. _____________. 1.1.61 “Equity Deposits” means the capital contributions to Borrower to be provided by the Investor, aggregating ///[$16,468,949]///, as set forth on Exhibit C -1 attached hereto. 1.1.62 “Equity/Loan Reserve” has the meaning set forth in the Reserve and Security Agreement. 1.1.63 “Equity/Loan Reserve Account” has the meaning set forth in the Reserve and Security Agreement. - 8 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.64 “Event of Default ” shall have the meaning set forth in Section 9. 1.1.65 “Extended Construction Loan Maturity Date” means ________________, 2022 ///[6 MONTH EXTENSION OPTION]. 1.1.66 “Fiscal Year” means a calendar year, provided that such year shall not be changed without the prior written consent of Bondowner Representative. 1.1.67 “Funding Sources” means the Loan and all other sources of funds for the Project, as set forth in the Project Sources Schedule. 1.1.68 “GAAP ” means the generally accepted accounting principles issued by the American Institute of Certified Public Accountants in effect in the United States at the time of application to the provisions of this Agreement. 1.1.69 “General Partner” shall have the meaning set forth in the Recitals. 1.1.70 “Good Standing Certificate” means a certificate issued by the secretary of state or other appropriate government official, office, or agency concerning an Organization’s status. 1.1.71 “Governmental Agency” means any governmental or quasi- governmental agency, board, bureau, commission, department, court, administrative tribunal or other instrumentality or authority, and any public utility. 1.1.72 “GP Deed of Trust” has the meaning set forth in the Recitals. 1.1.73 “GP Loan” has the meaning set forth in the Recitals. 1.1.74 “GP Loan Agreement” has the meaning set forth in the Recitals. 1.1.75 “GP Loan Documents” means, collectively, the GP Loan Agreement, the GP Note, the GP Deed of Trust, and all other documents evidencing, securing or otherwise executed in connection with the GP Loan. 1.1.76 “GP Note” has the meaning set forth in the Recitals. 1.1.77 “GP Subordination Agreement” means that certain Subordination Agreement (GP Loan) dated as of the date hereof, by and among Borrower, Bondowner Representative and General Partner and recorded in the Official Records substantially concurrently with the Deed of Trust. 1.1.78 “Guarantor ” shall have the meaning set forth in the Recitals. 1.1.79 “Guaranty” means that certain Unsecured Payment and Performance Guaranty dated as of the date hereof by Guarantor in favor of Bondowner Representative, as may be amended, restated, replaced, supplemented , or otherwise modified from time to time. - 9 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.80 “HAP Contract” means the housing assistance payments contract to be entered into between Borrower and Contract Administrator in accordance with the AHAP Contract, pursuant to which Contract Administrator will agree provide rental subsidies for __________________________ (____) of the units at the Project (the “Section 8 Payments ”). 1.1.81 “HUD” means the U.S. Department of Housing and Urban Development Office of Housing. 1.1.82 “Improvements ” shall have the meaning set forth in the Recitals. 1.1.83 “Indebtedness” means, for any Person, (a) all indebtedness of such Person (calculated on a consolidated basis) for borrowed money or for the deferred purchase price of property, (b) all direct or indirect guarantees of such Person in respect of, and all obligations or undertakings (contingent or otherwise) to assure a creditor against loss in respect of, indebtedness of any other Person for borrowed money or for the deferred purchase price of property, and (c) all obligations, debts, liabilities as well as all claims by any creditor against such Person, whether now existing or hereafter existing, voluntary or involuntary, due or not due, absolute or contingent, liquidated or unliquidated, whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitation or may become otherwise unenforceable. 1.1.84 “Indenture ” shall have the meaning set forth in the Recitals. 1.1.85 “Insolvency Proceeding” means any proceeding intended to liquidate or rehabilitate the estate of the Person involved, including bankruptcy (liquidation or reorganization), receivership, and similar proceedings, and includes an ass ignment for the benefit of creditors. 1.1.86 “Investor ” shall have the meaning set forth in the Recitals. 1.1.87 “Lien” means a charge against or interest in property to secure payment of a debt or performance of an obligation. 1.1.88 “LIHTC” means federal Low Income Housing Tax Credits under Section 42 of the Code and state low income housing tax credits. 1.1.89 “Loans” shall have the meaning set forth in the Recitals. 1.1.90 “Loan Documents” means all documents executed in connection with the Loan, including, without limitation, this Agreement, the Notes, the Guaranty, the Security Documents, the Unsecured Hazardous Materials Certificate and Indemnity, the Access Laws Certificate and Indemnity, the Subordination Agreement, and the Assignment of Contracts, Agreements, and Permits, all as originally executed and as may be amended, restated, replaced, supplemented, or otherwise modified from time to time. 1.1.91 “Material Adverse Occurrence” means any occurrence of whatsoever nature (including, without limitation, any adverse determination in any litigation, arbitration, or governmental investigation or proceeding) which Bondowner Representative shall determine - 10 - [Coggins Square] 4822-6171-6148.2 0050033-002220 could materially adversely affect the then present or prospective financial condition or operations of Borrower, General Partner, or Guarantor, the availability of the LIHTC , the value of the Improvements or the Project, or any other material Collateral securing repayment of the Loan, or impair the ability of Borrower, General Partner or Guarantor to perform its obligations as and when required under any of the Loan Documents, as determined by Bondowner Representative in its discretion. 1.1.92 “Material Subcontractors and Suppliers” means those subcontractors and materials suppliers whose contracts exceed $25,000. 1.1.93 “Maturity Date” means (a) with respect to the Construction Loan, the Construction Loan Maturity Date and (b) with respect to the Convertible Loan, the Construction Loan Maturity Date, as such date may be extended to the Convertible Loan Maturity Date upon satisfaction of the Conditions to Conversion. 1.1.94 “Net Cash Flow” means, for any period, the excess, if any, of the actual gross operating income generated by the Project during such period (excluding insurance (other than rental loss insurance proceeds) and condemnation proceeds, loan pro ceeds, security and cleaning deposits made by any tenant (except to the extent such deposits are applied against rent or other amounts then payable by the tenant under the applicable lease) and similar items and items of a nonrecurring nature), over all costs and expenses incurred by Borrower during such period in connection with Borrower’s ownership, management, regular maintenance, operation and leasing of the Project during such period, all as determined by Bondowner Representative in its sole and absolute discretion; provided that for purposes of such determination, Bondowner Representative shall include as Project expenses for any monthly period or portion thereof, in such monthly period, 1/12th of the annual real estate taxes (or payments in lieu there of) if not abated or otherwise exempt under applicable law and assessments constituting a lien on the Property, 1/12th of the annual insurance premiums for all insurance carried and/or required to be carried by Borrower with respect to the Project, 1/12th of the annual amounts then payable in respect of the Replacement Reserve Requirement, and such portion of such other non-monthly expenses as Bondowner Representative may deem appropriate in its sole discretion. 1.1.95 “Notes” shall have the meaning set forth in the Recitals. 1.1.96 “Obligations ” has the meaning set forth in Section 12.1 below. 1.1.97 “Official Records” means the Official Records of Contra Costa County, California. 1.1.98 “Operating Reserve” has the meaning set forth in the Reserve and Security Agreement. 1.1.99 “Operating Reserve Account” has the meaning set forth in the Reserve and Security Agreement. 1.1.100 “Operating Reserve Requirement” has the meaning set forth in the Reserve and Security Agreement. - 11 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.101 “Order” means a judgment, order, levy, executive or administrative decision, permit, license, or like legislative, judicial, executive, or administrative imposition of any federal, state, or municipal governmental unit. 1.1.102 “Organization” means corporation, government subdivision or agency, partnership, limited partnership, limited liability company, estate, trust, association, or other legal or commercial entity. 1.1.103 “Organizational Document” means the articles of incorporation, articles of organization, the certificate of limited partnership, the bylaws, the operating agreement, the partnership agreement, the trust agreement and all other certificates and documents related thereto. 1.1.104 “Origination Fee” means a construction loan fee in the amount of one- half of one percent (0.5%) of the maximum principal amount of the Loan (i.e., ///[$160,515]///) and a loan processing fee in the amount of $______________. 1.1.105 “Partner” means, collectively, General Partner and Investor. 1.1.106 “Partnership Agreement” means that certain ///[First Amended and Restated Agreement of Limited Partnership]/// of Borrower dated as of ______________, 2020, as may be amended, restated, replaced, supplemented, or otherwise modified from time to time. 1.1.107 “Per Annum” means, when used in connection with a rate of interest, that interest is calculated by dividing the actual number of days in an interest period by an annual interest period or denominator of 360 days. 1.1.108 “Permitted Encumbrances” has the meaning ascribed thereto in the Deed of Trust. 1.1.109 “Person” means an Organization or an individual. 1.1.110 “Plans” means the plans and specifications for the rehabilitation of the Project and all Improvements to be located on the Property, as approved by Bondowner Representative, together with any amendments or modifications thereof consented to by Bondowner Representative in its discretion. 1.1.111 “Project” shall have the meaning set forth in the Recitals. 1.1.112 “Project Sources Schedule” means the schedule of sources of funds attached hereto as Exhibit C. 1.1.113 “Property” shall have the meaning set forth in the Recitals. 1.1.114 “Property Management Agreement” means that certain ///[Management Agreement]/// dated as of ___________________, by and between Borrower and Property Manager. - 12 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.115 “Property Manager” means _____________________________, a ______________________, or such other property manager as may be approved by Bondowner Representative 1.1.116 “Prospective Default” means an event, circumstance, or condition that would constitute an Event of Default but for the giving of notice, the passage of time, or both. 1.1.117 “Regulatory Agreements” means all restrictive covenants recorded against the Property, including, without limitation, the Bond Regulatory Agreement, ///[the County Regulatory Agreement]/// and the Tax Credit LURA. 1.1.118 “Replacement Reserve” has the meaning set forth in the Reserve and Security Agreement 1.1.119 “Replacement Reserve Account” has the meaning set forth in the Reserve and Security Agreement 1.1.120 “Reserve and Security Agreement” means that certain Reserve and Security Agreement of even date herewith, among Bondowner Representative, Borrower and Umpqua Bank, as account holder, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time. 1.1.121 “Replacement Reserve Requirement” has the meaning set forth in the Reserve and Security Agreement. 1.1.122 “Retainage” means ten percent (10%) of approved hard costs covered by a Disbursement request. 1.1.123 “Security Documents” means the Deed of Trust, the Assignment for Security of Tax Credit Collateral, the Security Agreement (Pledge of Partner ship Interest), the Assignment of Contracts, Agreements and Permits, the Assignment of AHAP, the Reserve and Security Agreement, the financing statements, and any other document that is used to create or perfect Bondowner Representative’s Lien in any part of the Collateral, as each may be amended, restated, replaced, supplemented or otherwise modified from time to time. 1.1.124 “Sponsor Deed of Trust” has the meaning set forth in the Recitals. 1.1.125 “Sponsor Loan” has the meaning set forth in the Recitals. 1.1.126 “Sponsor Loan Agreement” has the meaning set forth in the Recitals. 1.1.127 “Sponsor Loan Documents” means, collectively, the Sponsor Loan Agreement, the Sponsor Note, the Sponsor Deed of Trust, and all other documents evidencing, securing or otherwise executed in connection with the Sponsor Loan. 1.1.128 “Sponsor Note” has the meaning set forth in the Recitals. - 13 - [Coggins Square] 4822-6171-6148.2 0050033-002220 1.1.129 “Sponsor Subordination Agreement” means that certain Subordination Agreement (Sponsor Loan) dated as of the date hereof, by and among Borrower, Bondowner Representative and Sponsor and recorded in the Official Records substantially concurrently with the Deed of Trust. 1.1.130 “Subordinate Lenders” means, collectively, the County, General Partner and Sponsor. 1.1.131 “Subordinate Loan Documents” means, collectively, the County Loan Documents, the GP Loan Documents and the Sponsor Loan Documents. 1.1.132 “Subordinate Loans” means, collectively, the County Loan, the GP Loan and the Sponsor Loan. 1.1.133 “Subordination Agreements” means, collectively, the County Subordination Agreement, the GP Subordination Agreement and the Sponsor Subordination Agreement. 1.1.134 “Tax Certificate” means that certain Tax Certificate as to Arbitrage and the Provisions of Sections 103 and 141 -150 of the Internal Reverence Code of 1986 dated as of the Closing Date, executed and delivered by Issuer and Borrower. 1.1.135 “Tax Credit LURA” means the Low-Income Housing Tax Credit Land Use Restriction Agreement executed by Borrower and the Credit Agency. 1.1.136 “Title Commitment” means the preliminary report dated __________________, 2020, issued by the Title Insurance Company with respect to the Property. 1.1.137 “Title Insurance Company” means Old Republic Title Company or another title insurance company reasonably acceptable to Bondowner Representative. 1.1.138 “Title Policy” means the mortgagee’s title insurance policy described in Section 3.1.6. 1.2 Recitals . The Recitals are incorporated into this Agreement by this reference. 1.3 Exhibits . The following exhibits that are attached to this Agreement are incorporated into this Agreement by this reference: - 14 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Exhibit A - Legal Description of the Property Exhibit B - Approved Budget Exhibit C - Project Sources Schedule (Including Timing of Sources) Exhibit D - Compliance Certificate Exhibit E - Insurance Requirements Exhibit F - Form of Conversion Election Notice Exhibit G - Form of Conversion Notice 1.4 Interpretive Provisions . With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document: 1.4.1 The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. (a) The words “herein,” “hereto,” “hereof” and “hereunder” and words of similar import when used in any Loan Document shall refer to such Loan Document as a whole and not to any particular provision thereof. (b) Article, Section, Exhibit, and Schedule references are to the Loan Document in which such reference appears. (c) The term “including” is by way of example and not limitation. (d) The term “documents” includes any and all instruments, documents, agreements, certificates, notices, reports, financial statements and other writings, however evidenced, whether in physical or electronic form. (e) The use of the word “or” is not exclusive. 1.4.2 In the computation of p eriods of time from a specified date to a later specified date, the word “from” means “from and including;” the words “to” and “until” each mean “to but excluding;” and the word “through” means “to and including.” 1.4.3 Section headings herein and in the other Loan Documents are included for convenience of reference only and shall not affect the interpretation of this Agreement or any other Loan Document. 1.5 Accounting Terms . 1.5.1 All accounting terms not specifically or completely defined herein shall be construed in conformity with, and all financial data (including financial ratios and other financial calculations) required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP applied on a consistent basis, as in effect from time to time . 1.5.2 If at any time any change in GAAP would affect the computation of any financial ratio or requirement set forth in any Loan Document, and either Borrower or Bondowner Representative shall so request, Bondowner Representative and Borrower shall negotiate in good faith to amend such ratio or requirement to preserve the original intent thereof - 15 - [Coggins Square] 4822-6171-6148.2 0050033-002220 in light of such change in GAAP; provided that, until so amended, (a) such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and (b) Borrower shall provide to Bondowner Representative financial statements and other documents required under this Agreement or as reasonably requested hereunder setting forth a reconciliation between calculations of such ratio or requireme nt made before and after giving effect to such change in GAAP. 1.6 References to Agreements and Laws . Unless otherwise expressly provided herein, (a) references to Organizational Documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references to any Law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such Law. SECTION 2. REPRESENTATIONS AND WARRANTIES 2.1 Borrower’s Representations and Warranties . Borrower represents and warrants to Issuer, Bond Trustee and Bondowner Representative as of the date of this Agreement and as of the date of each disbursement of Loan proceeds: 2.1.1 As of the Closing Date, Borrower holds a fee simple interest in the Property subject only to the Permitted Encumbrances. 2.1.2 Borrower, General Partner and Guarantor are duly organized and validly existing under the laws of the State of California and are authorized to conduct business in the State of California. 2.1.3 Borrower, General Partner and Guarantor have been duly authorized to execute the Loan Documents to which they are a party and to pay and perform the debts and obligations of Borrower to Bondowner Representative under the Loan Documents when and as such payment and performance are due. 2.1.4 The execution of the Loan Documents by each of Borrower, General Partner and Guarantor and the payment and performance of the debts and obligations of Borrower under the Loan Documents are not prohibited by, and will not result in a fine, penalty, or similar sanction under, any applicable Laws and O rders, will not violate any of the Organizational Documents of Borrower, General Partner or Guarantor, as applicable , and will not breach, or constitute an Event of Default under, any agreement, instrument, indenture, or similar contract documents to which Borrower, General Partner or Guarantor is a party or by which Borrower, General Partner or Guarantor or its respective property is bound. 2.1.5 The Loan Documents are enforceable against Borrower, General Partner and Guarantor in accordance with their respective terms subject to the effect of insolvency, moratorium, or other similar laws affecting the rights and remedies of creditors generally, general principles of equity, whether applied by a court of law or equity, and other generally applicable rules of law. - 16 - [Coggins Square] 4822-6171-6148.2 0050033-002220 2.1.6 Borrower has furnished financial statements to Bondowner Representative that fairly present the financial condition of Borrower and Guarantor as of the date of such financial statements. 2.1.7 There are no direct or contingent liabilities of Borrower that have not been disclosed to Bondowner Representative in the financial statements or other information that has been provided in writing to Bondowner Representative. Borrower and Guarantor are and will remain solvent after giving effect to all borrowings and guaranties contemplated in the Loan Documents. 2.1.8 There is no litigation, prosecution, investigation, or proceeding of any nature whatsoever now pending or overtly threatened in writing against Borrower, General Partner or Guarantor that seeks to affect the enforceability of the Loan Documents, is likely to adversely affect the ability of Borrower, General Partner or Guarantor to pay and perform its respective obligations to Bondowner Representative, or is likely to prevent, substantially delay, or interfere with Borrower’s rehabilitation of the Project. 2.1.9 No Material Adverse Occurrence has occurred since the date when Borrower applied for the Loan and furnished financial information to Bondowner Representative. 2.1.10 The Property is properly planned and zoned for occupancy for its intended use and constitutes one or more legal lots. 2.1.11 The construction work will be done in a good and workmanlike manner substantially in accordance with the Construction Documents, and no change orders will be made except in accordance with Section 7.19. 2.1.12 To the knowledge of Borrower, neither the Appraisal nor the Title Commitment contains any material errors or omissions. 2.1.13 The Construction Contract and the Architect’s Contract are effective and binding, and Borrower has submitted full, complete, and accurate copies thereof to Bondowner Representative. Borrower has independently evaluated the economic via bility of the Project and the reliability and skill of the Contractor, the Architect, all other design professionals (e.g., engineers, etc.), and all other persons and entities involved in or retained for the Project. Borrower is solely relying on its own independent data, evaluations and business judgment regarding the project, and no action or statement by Bondowner Representative shall be construed as an endorsement or recommendation relating to any aspect of the Project. 2.1.14 Borrower and Guarantor have filed all tax returns that are required to be filed by them and have paid, or have made adequate provision for the payment of, all taxes that have or may become due pursuant to said returns or to assessments received by them, including, without limitation, all property taxes and assessments for the Project. Borrower is not aware of any deficiency assessment or proposed deficiency assessment of taxes for which Borrower or Guarantor may be liable, except as may otherwise be disclosed in writing to Bondowner Representative prior to the date hereof. - 17 - [Coggins Square] 4822-6171-6148.2 0050033-002220 2.1.15 The Property is served by water, sanitary sewer and storm drain facilities adequate to service the Property and the Project for their intended uses. All public utilities necessary or convenient to the full use and enjoyment of the Property and the Project are located either in the public right of way abutting the Property (which are connected so as to serve the Property and the Project without passing over other property) or in recorded easements serving the Property and the Project and described in the Title Policy. 2.1.16 The use of the Property by Borrower, rehabilitation of the Project and any and all contemplated accessory uses by Borrower, will not violate (a) any Laws (including subdivision, zoning, building, environmental protection and wetland protection Laws) or Orders, or (b) any building permits, restrictions of record, or agreements affecting the Project or any part thereof, in each case in any material respect. Neither the zoning authorizations, approvals or variances, nor any other right to rehabilitate, operate or use the Project, is to any extent dependent upon or related to any real estate other than the Property. All approvals from Governmental Agencies required for Borrower’s construction and operation of the Project for its intended purposes, including all required permits and licenses, have been obtained or will be obtained prior to commencement of construction, and Borrower has complied, and will continue to comply, with all Laws and Orders relating to the construction and operation of the Improvements and the Project in all material respects. 2.1.17 Except for those permits to be issued at a later date with respect to the occupancy and use of the Project, no consent, approval, authorization or orde r of any court or governmental authority or body or any other Governmental Agency is required for the consummation by Borrower or Guarantor of the transactions contemplated by the Loan Documents. 2.1.18 There is no uncured Event of Default or Prospective Default that now exists under the Loan Documents. 2.1.19 Borrower has not failed to disclose to Bondowner Representative any material fact necessary in order to make the representations and warranties made, in light of the circumstances under which they are made, not misleading. 2.1.20 The representations and warranties made by Guarantor in the Guaranty are true and correct. 2.1.21 Borrower has submitted full, complete, and accurate copies of the Environmental Reports to Bondowner Representative. 2.1.22 The Project is exempt from taxation. 2.2 Bond-Related Representations and Warranties . Borrower represents and warrants to Issuer, Bond Trustee and Bondowner Representative as of the date of this Agreement and as of the date of each disbursement of Loan proceeds: 2.2.1 Other than the Bonds, no other obligations have been or are expected to be issued under Section 103 of the Code for sale at substantially the same time as the Bond s are sold pursuant to a common plan of marketing and at substantially the same rate of interest as the - 18 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Bonds and which are payable in whole or part by Borrower or otherwise have with the Bond s any common or pooled security for the payment of debt service thereon, or which are otherwise treated as the same “issue of obligations” as the Bond s as described in Revenue Ruling No. 81 216. 2.2.2 Borrower is not in the trade or business of selling properties such as the Project and has acquired the Project for investment purposes only or otherwise for use by Borrower in its trade or business. Therefore Borrower has no present intention to voluntarily sell, surrender or otherwise transfer, in whole or part, its interest in the Project in the foreseeable future, other than in connection with any purchase option, if any, granted to General Partner in the Partnership Agreement. 2.2.3 Borrower has reviewed and approved the provisions of the Indenture and accepts that it is bound by the Indenture and the other Bond Documents . 2.2.4 To the best of Borrower’s knowledge, no member of the governing body of the Issuer or any other officer of the Issuer has any signific ant or conflicting interest, financial, employment or otherwise, in Borrower, the Project or the transactions contemplated hereby. 2.2.5 The covenants, representations and warranties of Borrower in the Bond Regulatory Agreement are true and correct as of the date hereof and are incorporated herein by reference and made a part of this Agreement. 2.2.6 Borrower has not entered into the transaction evidenced hereby with the actual intent to hinder, delay or defraud any creditor and Borrower has received reasonably equivalent value in exchange for its obligations hereunder and under the Deed of Trust and the Bond Regulatory Agreement. 2.2.7 Borrower has no known material contingent liabilities except as created by the Partnership Agreement and under the Subordinate Loan Do cuments. 2.2.8 Borrower has no material financial obligation under any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which Borrower is a party or by which Borrower or the Project are otherwise bound, other than (a) obliga tions under this Agreement and the other Loan Documents to which Borrower is a party; (b) the Subordinate Loan Documents; and (c) obligations which may be incurred by Borrower from time to time in the ordinary course of business. 2.2.9 Borrower has not borrowed or received other debt financing that has not been heretofore repaid in full. 2.2.10 Borrower is not (a) an “investment company” or a company “controlled by an investment company” within the meaning of the Investment Company Act of 1940, as amended; (b) a “holding company” or a “subsidiary company” of a “holding company” or an “affiliate” of either a “holding company” or a “subsidiary company” within the meaning of the Public Utility Holding Company Act of 1935, as amended; or (c) subject to any other federal or state law or regulation which purports to restrict its ability to borrow money other than Article 15 of the California State Constitution. - 19 - [Coggins Square] 4822-6171-6148.2 0050033-002220 2.2.11 Except as disclosed in the Title Policy, there are no pending or, to the knowledge of Borrower, proposed special or other assessments for public improvements affecting the Project, nor, to the knowledge of Borrower, are there any contemplated improvements to the Property that may result in such special or other assessments. 2.2.12 No statement of fact made by Borrower herein or in the Loan Documents to which Borrower is a party contains any untrue statement of a material fact or omits to state any material fact necessary to make statements made by Borrower herein or therein not materially misleading. There is no fact presently k nown to Borrower which has not been disclosed which materially adversely affects or, to the best of Borrower’s knowledge, would materially adversely affect the business, operations or conditions (financial or otherwise) of Borrower. 2.2.13 All reports, documents, instruments, information and forms of evidence delivered to Bondowner Representative or Issuer by Borrower concerning the Loan or required by the Loan Documents are (or, in the case of materials prepared by persons other than Borrower or its General Partner, are to the best of Borrower’s knowledge) accurate, correct and sufficiently complete to give Bondowner Representative or Issuer, as applicable, true and accurate knowledge of their subject matter. 2.2.14 Borrower owns directly, and not through any affiliated entity, all of the personal property and fixtures necessary for the operation of the Property for the uses presently being conducted thereon. 2.2.15 Before any Guarantor became obligated in connection with the Loan, Borrower made full disclosure to such Guarantor regarding Borrower’s financial condition and business operations, the present and former condition, uses and ownership of the Property and all other circumstances bearing upon Borrower’s ability to pay and perform its obligations under the Loan Documents. 2.2.16 Borrower acknowledges, represents and warrants that it understands the nature and structure of the transactions relating to the financing of the Project; that it is familiar with the provisions of all of the documents and instruments relating to such financing to which Borrower is a party or of which it is a beneficiary, including the Indenture; that it understands the risks inherent in such transactions; and that it has not relied on the Issuer or its counsel for any guidance or expertise in analyzing the financial or other consequences of the transactions contemplated by the Bond Documents and the Indenture or otherwise relied on the Issuer or its counsel for any advice. 2.2.17 Borrower agrees that, because the components of the Project have been and are to be designated and selected by it, the Issuer has not made an inspection of the Project or of any fixture or other item constituting a portion thereof, and the Issuer makes no warranty or representation, express or implied or otherwise, with respect to the same or the location, use, description, design, merchantability, fitness for use for any particular purpose, or condition or durability thereof, or as to the quality of the material or workmanship therein, it being agreed that all risks incident thereto are to be borne by Borrower. In the event of any defect or deficiency of any nature in the Project or any fixture or other item constituting a portion thereof, whether - 20 - [Coggins Square] 4822-6171-6148.2 0050033-002220 patent or latent, the Issuer shall have no responsibility or liability with respect there to. The provisions of this Section have been negotiated and are intended to be a complete exclusion and negation of any warranties or representations by the Issuer, express or implied, with respect to the Project or any fixture or other item constituting a portion thereof, whether arising pursuant to the uniform commercial code or any other law now or hereafter in effect. 2.2.18 Borrower is not related to Bondowner Representative or any other holder of the Bonds. 2.3 Borrower’s Representations and Warranties Related to Certain Tax Matters . Borrower represents and warrants to Issuer, Bond Trustee and Bondowner Representative as of the date of this Agreement and as of the date of each disbursement of Loan proceeds: 2.3.1 As of the Closing Date, Borrower is in compliance with all requirements of the Tax Certificate, and the representations set forth in the Tax Certificate pertaining to Borrower and the Project are true and accurate. 2.3.2 The Bonds are not “federally guaranteed” as defined in Section 149(b) of the Code. 2.3.3 In accordance with Section 147(b) of the Code, the weighted average maturity of the Bond does not exceed one hundred twenty percent (120%) of the weighted average reasonably expected economic life of the facilities (comprising the Project) financed with the proceeds of the Bond, determined as of the date the Bonds are issued. 2.3.4 Neither Borrower nor, to the best knowledge of Borrower, any “related person” to Borrower (within the meaning of Section 147(a)(2) of the Code), will purchase the Bond pursuant to any arrangement, formal or informal. 2.3.5 The information furnished by Borrower and used by the Issuer in preparing the certificate pursuant to Section 148 of the Code and information statement pursuant to Section 149(e) of the Code is accurate and complete as of the d ate of the issuance of the Bond. 2.3.6 The rehabilitation of the Project was not commenced prior to the thirtieth (30th) day preceding the Issuer’s expression of intent with respect to the Project on May 18, 2018, and no obligation for which reimbursement will be sought from proceeds of the Bond relating to the construction or equipping of the Project was paid or incurred prior to sixty (60) days prior to such date. 2.3.7 The Project is, as of the Closing Date, in compliance with all requirements of the Bond Regulatory Agreement, including all applicable requirements of the Act, and the Code, to the extent such requirements are applicable on the Closing Date and the representations and warranties of Borrower in Sections ///[2, 3, 4, 5, 7 and 12]/// of the Bond Regulatory Agreement are true and correct. 2.3.8 Borrower intends to cause the residential units in the Project to be rented or available for rental on a basis which satisfies the requirements of the Bond Regulatory - 21 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Agreement, including all applicable requirements of the Act and the Code, and pursuant to leases which comply with all applicable laws and the Bond Regulatory Agreement. 2.3.9 No money on deposit in any fund or account in connection with the Bond, whether or not such money was derived from other sources, will be used by or under the direction of Borrower in a manner which would cause the Bond s to be “arbitrage bonds” within the meaning of Section 148 of the Code. 2.3.10 Borrower agrees it will not discriminate in the rental of units or in its employment practices against any employee or applicant for employment because of the applicant’s race, religion, national origin, ancestry, sex, age, sexual orientation, gender identity/expression, transgender status, disability, marital status, domestic partner status or medical condition. All contracts entered into by Borrower which relate to the Project s hall contain a like provision. Borrower’s obligations under this Section 2.3 shall survive the termination of this Agreement and the payment and performance of all of the other obligations of Borrower hereunder and under the other Bond Documents to which it is a party for so long as may be required to maintain the tax-exempt status of the interest on the Bond in accordance with applicable law or until Borrower has transferred the Project to an unaffiliated entity, with the prior written consent of the Issuer, which transferee assumes the obligations of Borrower pursuant to this Sec tion. Borrower understands and agrees that Issuer and Bondowner Representative are relying upon the above representations and warranties in making the above -referenced Loans to Borrower, and the Loans would not have been made but for such representations a nd warranties. Borrower further agrees that the foregoing representations and warranties shall be continuing in nature and shall remain in full force and effect until such time as Borrower’s Loans and the Notes shall be paid in full, or until this Agreement shall be terminated in the manner provided for herein, whichever is the last to occur. 2.4 Continued Effectiveness . Each time that Borrower requests a draw of Equity Deposits or any Disbursement or exercises an option provided in the Loan Documents, Borrower and Guarantor will be deemed to reaffirm that the representations and warranties in Sections 2.1, 2.2 and 2.3 and the Guaranty continue to be true and correct in all material respects except (a) as otherwise specifically disclosed in the Disbursement request or the notice of exercise and (b) that the representation and warranty relating to financial statements will be deemed to refer only to the most recent financial information that has been provided by Borrower or Guarantor to Bondowner Representative. SECTION 3. CONDITIONS PRECEDENT 3.1 Loan Closing and Initial Disbursement. The following conditions must be satisfied by Borrower prior to the Closing Date and to the first Disbursement of the proceeds of the Bonds, and, until satisfied, Bondowner Representative shall have no obligations under this Agreement: 3.1.1 Borrower provides and Bondowner Representative approves copies of the Organizational Documents, Good Standing Certificates, resolutions, and other similar documents - 22 - [Coggins Square] 4822-6171-6148.2 0050033-002220 as Bondowner Representative may reasonably require that verify: (a) the existence and good standing of Borrower, General Partner, and Guarantor in the State of California; (b) the authorization of each of Borrower, General Partner and Guarantor to conduct business in the State of California; (c) the authority of each of Borrower, General Partner and Guarantor to execute the Loan Documents and the Partnership Agreement to which it is a party and to pay and perform its debts and obligations thereunder; and (d) the authority of the representatives of each of Borrower, General Partner and Guarantor who execute the Loan Documents and the Partnership Agreement to which it is a party to take such action. 3.1.2 Borrower, General Partner and Guarantor execute and deliver all of the Loan Documents and any certificates, questionnaires, and back -up materials reasonably required by Bondowner Representative. 3.1.3 Borrower provides and Bondowner Representative approves the opinion of Borrower’s counsel, General Partner’s counsel and Guarantor’s counsel, addressed to Issuer and Bondowner Representative, addressing the following topics and such others as Bondowner Representative may require: (a) the due formation, existence and good standing of Borrower, General Partner and Guarantor in their respective state of organization and their respective qualification to do business in the State of California if organized in a state other than California; (b) the authority of Borrower, General Partner and Guarantor to execute the Loan Documents and the Partnership Agreement and to pay and perform their respective debts and obligations under the Loan Documents and the Partnership Agreement; and (c) the authority of the representatives of Borrower, General Partner and Guarantor who execute the Loan Documents and the Partnership Agreement to take such action. 3.1.4 Borrower and Guarantor provide and Bondowner Representative approves all financial information reasonably required by Bondowner Representative and all certificates related thereto required by Bo ndowner Representative. 3.1.5 Borrower pays all fees payable in connection with the closing of the Loans, including, but not limited to, Bondowner Representative’s Origination Fee, Issuer’s Annual Fee (as defined in the Indenture), the initial fees and expenses of Bond Trustee, and all other fees and costs incurred by Bondowner Representative, Bond Trustee and Issuer in connection with the Loans and the Bond Documents. 3.1.6 Borrower causes the Title Insurance Company to commit to issue to Bondowner Representative a 2006 Extended ALTA mortgagee’s title insurance policy, with such endorsements as may be required by Bondowner Representative, insuring that title to the Property is vested in Borrower and that the Deed of Trust is and will continue to be an encumbrance against the Property and the Project, securing a debt in the amount of the Loan first, prior, and paramount to all other liens and encumbrances of any nature or kind whatsoever except the Permitted Encumbrances. 3.1.7 Borrower provides and Bondowner Representative approves any soils report that Bondowner Representative requires regarding the Property and its suitability as a site for the Project as now constructed and as designed for rehabilitation. - 23 - [Coggins Square] 4822-6171-6148.2 0050033-002220 3.1.8 Borrower provides and Bondowner Representative approves an environmental survey of the Property, together with the results of any additional environmental testing required by Bondowner Representative. 3.1.9 Borrower shall have furnished to Bondowner Representative evidence that Borrower has purchased, and has in full force and effect, the policies of insurance described on Exhibit E. 3.1.10 Borrower provides to Bondowner Representative evidence reasonably satisfactory to Bondowner Representative that its Lien in the items of personal property Collateral at the Project has been perfected and that the priority of such Lien is senior to all other Liens and claims, except the Permitted Encumbrances. 3.1.11 Bondowner Representative receives, in form and substance acceptable to Bondowner Representative, a certificate from the Architect certifying that the Project as constructed will comply with all Laws pertaining to access by disabled Persons. 3.1.12 Borrower provides to Bondowner Representative a survey of the Project prepared by a registered surveyor or engineer and Bondowner Representative accepts all items disclosed on such survey. The survey shall contain the legal description as provided by the Title Policy, which description shall be certified by the surveyor. The survey shall show the location of any improvements on the Property with respect to lot lines, streets, alleys, driveways, known easements, and encroachments, together with all easements of record and other exceptions identified by exception numbers on the Title Commitment. Bondowner Representative confirms that it has received and accepted the ALTA survey prepared by ______________________ under Job No. ________________, dated as of ________________, 2020 (the “Survey”), and that the Survey satisfies the foregoing requirements. 3.1.13 The survey confirms, or Borrower provides other evidence confirming, that the Property consists of one or more separate legal lots and does not include less than an entire legal lot. 3.1.14 Bondowner Representative approves the Architect selected by Borrower to prepare the plans and specifications for the Project and the Contractor selected by Borrower to perform the construction work for the Project. 3.1.15 Borrower provides and Bondowner Representative approves copies of the Construction Documents (including the hard and soft costs for the Project and the construction schedule) for the work to be done using Loan proceeds and any other Funding Sources for the Project. 3.1.16 Bondowner Representative receives and approves a cost and constructability report for the Project, in form and substance acceptable to Bondowner Representative. 3.1.17 The Architect executes the consent to assignment of the Architectural Documents, the Contractor executes the consent to assignment of the Construction Contract, and - 24 - [Coggins Square] 4822-6171-6148.2 0050033-002220 such other parties execute a consent to assignment with respect to such other contracts as Bondowner Representative may require. 3.1.18 Borrower provides and Bondowner Representative approves (a) a fully executed and compiled copy of the Construction Contract, together with a listing of the Material Subcontractors and Suppliers (identified on such list by name, address, phone number, and estimated subcontract amount) who will perform labor or services or provide materials associated with the construction work, together with, if requested by Bondowner Representative, copies of supporting subcontracts, bids, and proposals, and (b) payment and performance bonds in the full amount of the contract price under the Construction Contract and otherwise in form and substance approved by Bondowner Representative. 3.1.19 Borrower provides copies of all of the permits and licenses that are required by applicable Laws and O rders from any Governmental Agency to rehabilitate the Project (or evidence that such permits are ready to be issued, conditioned solely on the payment of fees) and any other evidence reasonably required by Bondowner Representative to verify that the Project will comply with all applicable Laws and Orders from any Governmental Agency necessary for the construction, lawful occupancy, use, and operation of the Projec t for its intended purpose when the construction work is completed. 3.1.20 Borrower provides evidence that all utilities and municipal services required for use and operation of the Project are installed and available in adequate capacity for use, or will be in place by completion of the rehabilitation of the Project and are available at budgeted cost including, if any, capacity charges. 3.1.21 Borrower provides and Bondowner Representative approves copies of all Organizational Documents of Borrower, General Partner and Guarantor. 3.1.22 Bondowner Representative receives a fully executed copy of the validly issued and effective allocation or reservation of Code Section 42 federal low income housing tax credits in an amount sufficient to support the full investment by Investor in an amount at least equal to the aggregate amount of the Equity Deposits. 3.1.23 Borrower receives and uses for Approved Construction Costs or deposits into the Equity Account (as defined in the Indenture) of the Construction Fund (as defined in the Indenture), as required pursuant to this Agreement, (a) the first Equity Deposit in the amount of $________________, and (b) ///[one hundred percent (100%)]/// of Subordinate Loan proceeds, and Bondowner Representative receives evidence satisfactory to it that Borrower has received or has commitments to obtain the other Funding Sources in the amounts and at the times set forth in the Project Sources Schedule. 3.1.24 Borrower has established (a) the Rep lacement Reserve Account with Bondowner Representative and deposited therein an amount equal to ///[$87,000]///, (b) the Operating Reserve Account with Bondowner Representative and deposited therein an amount equal to ///[$317,213]///, and (c) the Equity/Loan Reserve Account and deposited therein an amount equal to ///[$14,671,779]/// (which shall be comprised of a capital contribution from - 25 - [Coggins Square] 4822-6171-6148.2 0050033-002220 General Partner in the amount of $1,561,811, and one hundred percent (100%) of the GP Loan and the Sponsor Loan proceeds), each, in accordance with the Reserve and Security Agreement; 3.1.25 The representations and warranties made in this Agreement continue to be true and correct in all material respects. 3.1.26 Bondowner Representative receives and approves copies of the fully executed copies of the Subordinate Loan Documents and the Subordination Agreements, each in form and substance acceptable to Bondowner Representative. 3.1.27 There is no uncured Event of Default or Prospective Default under the Loan Documents. 3.1.28 Bondowner Representative receives and approves copies of the executed Property Management Agreement and the Development Agreement. 3.1.29 Bondowner Representative receives and approves a letter from all appropriate Governmental Agencies having jurisdiction and real property taxing power o ver the Project, or such other comfort as to real property taxation exemption matters as is deemed to be satisfactory in form and substance and from sources satisfactory to Bondowner Representative, evidencing that the Project is exempt from all real property taxation by such taxing authorities. 3.1.30 Bondowner Representative receives and approves the fully-executed AHAP Contract, in a form approved by Bondowner Representative, in its sole and absolute discretion, pursuant to which Contract Administrator commits to enter into a Section 8 Housing Assistance Payments Contract covering __________________ (___) units in the Project and with a term of no less than _________________ (___) years, and Borrower shall have executed the Assignment of AHAP and Contract Administrator shall have consented in writing to such assignment, with such consent being in a form and substance approved by Bondowner Representative in its sole and absolute discretion. 3.1.31 Bondowner Representative receives and approves an executed original of an opinion of bond counsel and/or counsel for the Issuer, addressed to Bondowner Representative, opining as to the due execution, delivery and performance by the Issuer of the Bond Documents, the enforceability of the Bond Documents, and the availability of a n exemption from federal and state income taxation for all interest accruing on the Bonds. 3.1.32 Bondowner Representative receives and approves the form of Form 8038 to be filed in connection with the Bonds. 3.2 Subsequent Disbursements . The following are conditions precedent to Bondowner Representative’s obligation to make the second Disbursement and each and every Disbursement thereafter (including the final Disbursement): 3.2.1 Borrower pays the Contractor and the Contractor pays the subcontractors and materialmen for the work and materials covered by all prior Disbursement requests less the amount of the Retainage. - 26 - [Coggins Square] 4822-6171-6148.2 0050033-002220 3.2.2 The construction work is being done in a good and workmanlike manner by appropriate means substantially in accordance with plans and specifications accepted by Bondowner Representative and all required inspections and approvals by Bondowner Representative and Governmental Agencies for that stage of construction have been obtained as and when necessary (as determined by Bondowner Representative or the applicable Governmental Agency). 3.2.3 No material or essential part of or interest in the Project has been lost permanently or for any significant period of time through condemnation (including voluntary transfers under the threat of condemnation), casualty, or other catastrophe. 3.2.4 The Title Insurance Company is willing to insure the validity and priority of Bondowner Representative’s Lien in the Project as to the total Loan amount of $_____________, subject only to the Permitted Encumbrances. 3.2.5 Borrower is substantially on time with respect to the construction schedule. 3.2.6 The Disbursement request (“Draw Request”) is in the form attached to the Indenture and Borrower has provided all supporting documentation required by Bondowner Representative, including work progress certifications by the Architect and the Contractor, and approval as to quality and quantity of the work from the consultant named by Bondowner Representative, as well as invoices and, unless waived in writing by Bondowner Representative , unconditional lien claim waivers for work and materials covered by prior Disbursements and conditional lien claim waivers for work and materials covered under the current Disbursement request. Under all circumstances, Bondowner Representative reserves the right to request and obtain at any time copies of any hard cost invoice/billing regardless of amount or subcontractor lien waiver regardless of contract price. 3.2.7 The representations and warranties made in this Agreement and the Guaranty continue to be true and correct in all material respects. 3.2.8 Borrower is in balance on the Loan (as defined in Section 5.2), and in Bondowner Representative’s judgment, Borrower can finish the Project and pay for it without additional money (other than any available and undisbursed Funding S ources identified in the Project Sources Schedule and all other amounts held in the Construction Fund). 3.2.9 There is no uncured Event of Default or Prospective Default under the Loan Documents or the Construction Documents. 3.2.10 Bondowner Representative shall have received, for attachment to the Title Policy, a CLTA 122 date-down endorsement, or such other endorsement as may be approved by Bondowner Representative, in its sole discretion. 3.2.11 If required by Lender, Borrower provides and Bondowner Representative accepts the list of all subcontractors and materials suppliers (identified in such list by name, address, phone number, and estimated subcontract amount) who will perform labor or services or - 27 - [Coggins Square] 4822-6171-6148.2 0050033-002220 provide materials associated with the construction work, together with, if requested by Bondowner Representative, copies of supporting subcontracts, bids, and proposals . 3.2.12 All Fund ing Sources shown on the Project Sources Schedule that are scheduled to be received by Borrower prior to the date of the requested Disbursement shall have been received by Borrower and applied to pay Approved Construction Costs or deposited into the Construction Fund. In no event shall Bondowner Representative be required to advance (a) Construction Loan funds in excess of the amount of the Construction Loan, or (b) Convertible Loan funds in excess of the amount of the Convertible Loan. 3.2.13 The Subordinate Loan Documents and the AHAP Contract are in full force and effect and have not been modified or amended. 3.2.14 Any condition to closing set forth in Section 3.1 that was waived by Bondowner Representative at closing shall have been satisfied or waived again by Bondowner Representative. 3.3 Final Disburse ment. The following are conditions precedent to Bondowner Representative’s obligation to approve the final Disbursement (including the Retainage) and are in addition to the conditions stated in Sections 3.1 and 3.2: 3.3.1 Borrower accepts the Project as complete and Bondowner Representative reasonably concurs in that acceptance. 3.3.2 Borrower receives a final certificate of occupancy (or other written assurance reasonably satisfactory to Bondowner Representative) from the appropriate Governmental Agency certifying that the Project may be lawfully occupied for its intended use and Borrower has complied with all conditions contained in such permit for occupancy. 3.3.3 Borrower receives a completion notice (or other written assurance reasonably satisfactory to Bondowner Representative) from the Architect certifying that the Project is complete and complies with all applicable Laws and Orders. 3.3.4 Bondowner Representative receives certificates from the Architect and Bondowner Representative’s consultant that, based upon personal observations at adequate intervals (not less frequently than monthly) during construction, all construction work was completed in a good and workmanlike manner in accordance with the plans and specifications and Construction Documents (subject only to change orders approved by Bondowner Representative) and in accordance with applicable Laws and Orders from any Governmental Agency. 3.3.5 Borrower provides evidence satisfactory to Bondowner Representative that all hard and soft construction costs (other than fees and reserves that are not yet due and payable) will be paid in full from the final Disbursement or that any claims relating to any unpaid balance thereof will be waived by the person entitled thereto. 3.3.6 The period for filing construction lien claims has expired and the Contractor provides to Bondowner Representative and Bondowner Representative approves - 28 - [Coggins Square] 4822-6171-6148.2 0050033-002220 releases of liens from all potential lien claimants (provided that such releases may provide that they become effective upon payment of the amount specified therein from the sums due at final Disbursement). 3.3.7 The Title Policy is endorsed by the Title Insurance Company to show the Deed of Trust as a first priority lien, exce pt for Permitted Encumbrances. 3.3.8 Bondowner Representative receives and accepts an AIA G704 Certificate of Substantial Completion, an AIA G706 Contractor ’s Affidavit of Payment of Debts and Claims, and the Contractor’s final certificate of construction certifying that the Project has been completed in accordance with the Construction Documents and all applicable Laws. 3.3.9 Borrower provides evidence reasonably satisfactory to Bondowner Representative that all costs for personal property included in the Collateral will be paid in full from the final Disbursement. 3.3.10 The Architect certifies to Bondowner Representative that the Project, as constructed, complies with all applicable Laws and O rders from any Governmental Agency related to access by disabled Persons. 3.3.11 Borrower provides Bondowner Representative with a final as-built survey acceptable to Bondowner Representative, showing the location of all completed improvements. 3.3.12 Borrower has received the _______________ installment of the Equity Deposits in the amount of $_______________, all of which shall have been applied to pay down the Loan. 3.3.13 Borrower shall have paid to Bondowner Representative all costs and expenses incurred by Bondowner Representative in connection with the Loan. 3.3.14 Receipt by Bondowner Representative of such other certificates (including without limitation G706 and G706A affidavits), assurances, and opinions as Bondowner Representative shall reasonably require and satisfaction of all other requirements , conditions, and covenants of this Agreement. 3.3.15 Bondowner Representative receives and approves certificates of insurance in form and substance satisfactory to Bondowner Representative, evidencing coverage of the completed Project in accordance with Bondowner Representative’s insurance requirements. SECTION 4. TERMS OF LOAN 4.1 Agreement to Lend. Upon satisfaction of the conditions set forth in Section 3, above, Bondowner Representative shall disburse proceeds of the Bonds to Bond Trustee, and Bond Trustee shall use the proceeds of the Bonds to disburse Loan proceeds to Borrower. The proceeds of the Loans shall be disbursed in the following order: first, the Convertible Loan shall be disbursed in full, and then, the Construction Loan shall be disbursed. Bond Trustee shall disburse proceeds of the Loans into the Construction Account, subject to the terms and conditions set forth herein. Disbursements of Loan proceeds will be made only for the purpose - 29 - [Coggins Square] 4822-6171-6148.2 0050033-002220 of financing the hard and soft costs of constructing the Project in accordance with the Construction Documents. The proceeds of the Loans will be disbursed in conformance with the Approved Construction Costs and Bondowner Representative’s standard policies and procedures for disbursement of construction loans. Bondowner Representative will approve Disbursements only if and when all of the conditions precedent have been satisfied by Borrower to Bondowner Representative’s satisfaction. 4.2 Promise of Repayment. Borrower promises and agrees to repay the Loans, plus interest, fees, and costs, in accordance with the terms of the Notes and the other Loan Documents. Interest shall accrue on each Disbursement of Loan proceeds commencing on the date of such disbursement in accordance with the terms of the applicable Note. Principal and interest on the Construction Loan shall be due and payable in the amounts and at the times set forth in the Construction Note. Principal and interest on the Convertible Loan shall be due and payable in the amounts and at the times set forth in the Convertible Note. 4.3 Security for Loan. Borrower promises and agrees to execute the Deed of Trust and any other Security Documents that are necessary in Bondowner Representative’s judgment to create and perfect Bondowner Representative’s Lien in the Collateral to secure payment of the Notes and performance of the related obligations of Borrower to Bondowner Representative. Borrower hereby grants Bondowner Representative a Lien for the purpose of securing repayment of the Loan and performance of Borrower’s obligations under the Loan Documents in any amount (whether the proceeds of the Loan or funds deposited by Borrower pursuant to Sections 5.3 or 5.4) deposited in any deposit or credit account with Bondowner Representative or any of its affiliates and such funds may not be withdrawn b y Borrower or paid to any third person without the prior written consent of Bondowner Representative. 4.4 Loan Expenses . Borrower shall pay all fees, charges, and expenses incurred in connection with the procuring and closing of the Loan, disbursement and administration of the proceeds of the Loan and repayment of the Loan, including, without limitation, cost of title examination, title insurance premiums, survey costs, photocopy expenses, mortgage recording charges, escrow charges, appraisal fees, costs of foreclosure reports, documentary, transfer and tangible or other similar taxes, revenue stamps and architects ’ and engineers’ services, consultant fees, and Bondowner Representative’s attorneys’ fees and expenses. With respect to collection of the debt or enforcement of this Agreement, Borrower agrees to pay attorneys’ fees and collection costs even though no civil action is filed and, if a civil action or arbitration is filed, such additional sum as the trial judge, arbitrator, or the appellate court may adjudge reasonable as attorney fees in the action and the appeal, if any, along with statutory costs and disbursements, as set forth in Section 12.2 below. 4.5 Advances . Bondowner Representative shall have the right, but not the obligation, to pay taxes, assessments, charges, claims, liens, or encumbrances and to cause compliance with all applicable governmental requirements if Bondowner Representative considers it necessary to protect the validity or priority of Bondowner Representative’s Lien in the Collateral and/or for prospects of repayment of the Loan. Such payments and expenses are repayable on demand with interest at the Default Rate. - 30 - [Coggins Square] 4822-6171-6148.2 0050033-002220 4.6 Security for Expenses and Advances . The Deed of Trust and the other Security Documents shall secure repayment of any and all loan expenses of Bondowner Representative and all payments and advances made by Bondowner Representative hereunder to or for the account of Borrower or for the protection of its trust deed lien and Lien, whether or not the total of the Loan proceeds already disbursed plus such loan expenses, advances, and costs exceed the face amount of the Loan. 4.7 Accounts and Reserves . Borrower hereby pledges to Bondowner Representative, and grants a security interest to Bondowner Representative in, the Construction Account, the Replacement Reserve, the Operating Reserve, the Equity/Loan Reserve and all amounts now or hereafter deposited therein, as additional security for all of Borrower’s obligations under the Loan Documents. 4.8 Interest. Proceeds of the Loans may be used to pay interest on the Loans to the extent of the interest reserve in the Approved Budget. 4.9 Option to Extend the Construction Loan Maturity Date . Borrower shall have one (1) option to extend the Construction Loan Maturity Date for a period of six (6) months. Upon written request of the Borrower not less than thirty (30) and not more than ninety (90) days before the Construction Loan Maturity Date, Bondowner Representative will extend the Construction Loan Maturity Date from ________________, 2022 ///[24-MONTH TERM]/// (as used in this Section 4.9, the “Initial Construction Loan Maturity Date ”) to ________________, 2022 ///[6-MONTH EXTENSION OPTION]/// (the “Extended Construction Loan Maturity Date ”), provided that as of the date the Borrower requests the extension of the Construction Loan Maturity Date and as of the date of such extension: 4.9.1 No Event of Default and no Prospective Default shall have occurred and be continuing; 4.9.2 The _______________ installment of the Equity Deposits and all other Funding Sources shall have been funded in accordance with Exhibit C; 4.9.3 The Loan is deemed to be in balance, as determined by Bondowner Representative in accordance with Section 5 of this Agreement; 4.9.4 Completion of construction has occurred in accordance with the Plans, as determined by Bondowner Representative, free and clear of all liens; 4.9.5 Borrower shall have paid to Bo ndowner Representative all amounts owing to Bondowner Representative in connection with the extension of the Construction Loan Maturity Date; 4.9.6 All representations and warranties made by the Borrower, General Partner and Guarantor in this Agreement and the other Loan Documents shall be true and correct; 4.9.7 No Material Adverse Occurrence shall have occurred ; - 31 - [Coggins Square] 4822-6171-6148.2 0050033-002220 4.9.8 Borrower delivers to Bondowner Representative such documentation as Bondowner Representative may reasonably require in connection with such extension, all of which shall be in the form and substance acceptable to Bondowner Representative; 4.9.9 Borrower delivers to Bondowner Representative an endorsement to or reissuance of the existing Title Policy, bringing current the effective date of the coverage, stating that the coverage afforded by the Title Policy shall not be affected because of the extension and showing that there have been no liens or other exceptions to title against the Project from and after the date hereof, unless consented to in writing by Bondowner Representative ; 4.9.10 Borrower delivers to Bondowner Representative evidence, in form and substance satisfactory to Bondowner Representative, that (a) all conditions set forth in Section 3.3 have been satisfied and (b) evidence that ninety percent (90%) of the units in the Project are occupied by tenants under lease forms approved by Bondowner Representative ; 4.9.11 Borrower delivers to Bondowner Representative written evidence that General Partner, Guarantor, Investor, Special Limited Partner, and the Subordinate Lenders have consented to such extension; 4.9.12 The Partnership Agreement shall be in full force and effect and no default shall have occurred thereunder and be continuing, and any outside date for the funding of the ___________ installment of the Equity Deposits shall have been extended to a date not earlier than the Extended Construction Loan Maturity Date; 4.9.13 Borrower shall have provided to Bondowner Representative projections, operating statements, current leasing reports and rent rolls as required by Bondowner Representative, each, certified by Borrower as being true, correct and complete, demonstrating that the conditions to funding of the ____________ installment of the Equity Deposits can be reasonably achieved prior to the Extended Construction Loan Maturity Date as determined by Bondowner Representative, in its discretion; and 4.9.14 The Subordinate Loan Documents and the AHAP Contract shall be in full force and effect and no default or ///[Event of Default]/// shall have occurred thereunder, and any outside date for converting to the permanent phase under the Subordinate Loan Documents shall have been extended to a date not earlier than the Extended Constructio n Loan Maturity Date. SECTION 5. SUFFICIENCY OF FUNDS TO COMPLETE CONSTRUCTION 5.1 Loan In Balance . Prior to the Conversion Date, notwithstanding anything in this Agreement or the Loan Documents to the contrary, the Loan being made hereunder shall at all times be “in balance” as set forth in Section 5.2, and Bondowner Representative shall have no obligation to make any Disbursement or perform any other act unless and until the Loan is in balance. 5.2 Definition of In Balance . Prior to the Conversion Date, anything in this Agreement to the contrary notwithstanding, it is expressly understood and agreed that the Loan at all times shall be in balance. The Loan shall be deemed to be in balance only when the sum of the undisbursed Loan proceeds, plus any undisbursed Funding Sources that are scheduled to be - 32 - [Coggins Square] 4822-6171-6148.2 0050033-002220 disbursed during the Construction Period , plus any additional funds (that are not Funding Sources) deposited in the Construction Fund equals or exceeds the amount necessary in each cost category in the Approved Budget, in Bondowner Representative’s reasonable judgment, to pay for all work and materials not yet paid for that are to be furnished in connection with the construction, landscaping, and leasing of the Project, including the installation of all fixtures, equipment, and all other finish materials required for use, occupancy, and operation of the Project and to pay for all interest, property taxes, and other expenses of the Project which Bondowner Representative projects will become due prior to the Conversion Date. 5.3 Additional Deposit. In the event that Bondowner Representative notifies Borrower in writing that the Loan is not in balance, Borrower promises to deposit into the Equity Account of the Construction Fund, within ten (10) days after Borrower’s receipt of such notice, the amount of additional equity money that Bondowner Representative specifies as being necessary to balance the Loan. This additional equity money will be disbursed prior to Disbursement of any Loan proceeds. 5.4 Sources of Funds . Borrower agrees to deposit in the Equity Account of the Construction Fund the Equity Deposits and the other Funding Source s in the amount and at the times set forth in the Project Sources Schedule. SECTION 6. DISBURSEMENTS 6.1 Disbursements Generally. 6.1.1 Bondowner Representative will approve Disbursements not more than once a month within 10 Business Days after (a) Borrower submits to Bondowner Representative a Disbursement requisition prepared by Borrower in proper form with all supporting documentation reasonably required by Bondowner Representative’s construction loan administrators, and (b) Bondowner Representative determines that Borrower has satisfied all conditions precedent to such Disbursement. Disbursements will be made based on actual costs incurred and not to exceed a line item percentage-of-completion basis as determined by the Architect and as verified by Bondowner Representative. If costs are incurred in excess of any line item in the budget approved by Bondowner Representative, funds may be reallocated from the applicable contingency reserve line item or from other line items, in each case, subject to Bondowner Representative’s prior written approval. The Borrower shall submit a Draw Request in the form attached to the Indenture (together with all other documentation required by Bondowner Representative to fund such Draw Request) monthly to Bondowner Representative, whether such Draw Request is funded from Loan proceeds or any other Funding Sources. In addition to the other terms and conditions for Disbursement set forth herein, Bondowner Representative shall make a Disbursement only after Bondowner Representative receives and approves an inspection report from its consultant to evaluate any Draw Request, whether such Draw Request is funded from Loan proceeds or any other Funding Sources. No proceeds of the Bonds shall be disbursed after ________________, 20___, unless an opinion of bond counsel is delivered, which opinion states that such Disbursement will not adversely affect the exclusion of interest on the Bonds from gross income of the holder of the Bonds. - 33 - [Coggins Square] 4822-6171-6148.2 0050033-002220 6.1.2 Subject to satisfaction of the conditions for Disbursements set forth herein, (a) except with respect to the advance of Loan proceeds for the payment of any and all accrued but unpaid interest on the Loan, Bondowner Representative will make Disbursements of Loan proceeds to Bond Trustee for disbursement into the Construction Account, (b) Bondowner Representative may make and/or approve monthly Disbursements of Loan proceeds for payment when due of any and all accrued but unpaid interest on the Loan directly to Bondowner Representative without the prior request or consent of Borrower, and (c) Bondowner Representative will approve Disbursements of other Funding Sources from the Construction Fund to the Construction Account. All funds on deposit in the Equity Account of the Construction Fund shall be disbursed in full, prior to the disbursement of any Loan proceeds. 6.1.3 Bondowner Representative shall decide, in its sole discretion, whether to disburse Loan proceeds for work and materials not yet installed or incorporated into the Project, regardless of whether such materials are stored on-site, off-site, or for deposits for materials or equipment. In order for Bondowner Representative to consider any request to disburse Loan proceeds for deposits or materials stored off-site that are not yet incorporated into the Project (any such materials, the “Stored Materials ” or “Deposits ”, as applicable), Borrower shall provide evidence satisfactory to Bondowner Representative (a) that the Stored Materials are stored at a bonded warehouse or storage yard acceptable to Bondowner Representative; (b) that, should Bondowner Representative so require, the seller or fabricator of the Stored Materials and/or Deposits, as well as the warehouse or yard, has been notified that Bondowner Representative has a security interest in the Stored Materials and/or Deposits; (c) that the Stored Materials and/or Deposits are protected against theft or damage; (d) that the Stored Materials and/or Deposits are adequately identified as belonging to Borrower and are segregated from materials and equipment not intended to be incorporated into the Project; (e) the Stored Materials and/or Deposits are fully insured against theft, damage, or destruction for the full insurable value, including coverage while in transit, covered by insurance satisfactory to Bondowner Re presentative under a policy that names Bondowner Representative as the loss payee and as an additional insured on such policies and (f) that the Stored Materials and/or Deposits are free and clear of any other liens. If applicable and requested by Bondowner Representative, Bondowner Representative shall be provided with the original warehouse receipt for any such Stored Materials. If such materials are not, in Bondowner Representative’s opinion, adequately covered by the security agreement contained in the Deed of Trust, Borrower shall deliver to Bondowner Representative such security agreements and financing statements executed by the appropriate persons, sufficient to give Bondowner Representative a perfected first lien priority security interest in such materials. Notwithstanding any security agreements, financing statements, or other evidence or documents provided by Borrower to Bondowner Representative in connection with a request to disburse Loan proceeds for unincorporated materials, Bondowner Representative may, at its reasonable election, deny any request to disburse Loan pro ceeds to pay for such materials. 6.2 Requisition Form. Except with respect to each Disbursement of Loan proceeds for the payment of any accrued but unpaid interest on the Loan, each Disbursement requisition will be supported by a non-negotiable order of Disbursement and certificate that will be in a form acceptable to Bondowner Representative, signed by Borrower’s authorized representative on its behalf, and approved and countersigned by the Architect or a consultant approved by Bondowner Representative. Each such Disbursement requisition will set forth in tra de breakdown form and - 34 - [Coggins Square] 4822-6171-6148.2 0050033-002220 in such detail as Bondowner Representative may require the amounts expended or costs incurred for work done and material for which payment is requested, and will be accompanied by copies of invoices and all other documents required by Bondowner Representative’s construction loan administrators, including without limitation forms AIA G702 and AIA G703 . Bondowner Representative may impose an additional fee for any extra services, such as draws more than once per month, provided to Borrower. 6.3 Hard Costs . Disbursements to cover hard construction costs will be made only for materials incorporated into the improvements or stored in accordance with Section 6.1.3. 6.4 Soft Costs . Each monthly Disbursement requisition may include soft costs, as well as hard costs, and will include the same documentation for soft costs as is provided above for hard costs but no Architect’s certificate will be necessary for Disbursements relating to soft costs. Funds shall be disbursed to cover soft costs only as required to cover actual costs incurred by Borrower for soft costs included in the Approved Budget. 6.5 Retainage . All interim Disbursements will be equal to (a) 100 percent of approved hard construction costs covered by the Disbursement less the Retainage and (b) 100 percent of the approved soft construction costs covered by the Disbursement. The Retainage will be retained by Bondowner Representative until the conditions for the final Disbursement specified in Section 3.3 have been satisfied. 6.6 Developer Fee . The Developer Fee shall be paid from Equity Deposits in accordance with the schedule attached hereto as Exhibit C-2, provided that the Deferred Developer Fee shall not be disbursed until after the Conversion Date. No portion of the Developer Fee shall be paid from Loan proceeds. 6.7 General Contractor’s Certificate/Lien Waivers . Bondowner Representative may require, in connection with each Disbursement for hard construction costs, that (a) the Contractor certify to Bondowner Representative that the work or materials for which payment is requested has been properly and completely performed or, in the case of materials, conform to the order, have been delivered to the Project and are prudently stored, the work and/or materials are included in the plans and specifications, are within the amounts included in the Approved Construction Costs, (b) the Contractor and each subcontractor or vendor provide conditional lien releases for the current pay period and unconditional lien releases for the prior pay period, each in recordable form covering the labor or materials for which payment is requested , and (c) Borrower deliver to Bondowner Representative title endorsements evidencing that there are no Liens against the Property other than Permitted Encumbrances, which endorsements shall be in form and substance approved by Bondowner Representative, in its sole discretion. 6.8 Approved Construction Costs . Bondowner Representative will not be required to approve Disbursements for any item in an amount greater than the amount scheduled for such item in the Approved Construction Costs (except for change orders within the limits set forth in Section 7.19 below). Changes in items are subject to prior written approval of Bondowner Representative. The line items in the Approved Budget designated for “soft cost contingency” and “hard cost contingency” represent the amounts necessary to provide reasonable assurances to Bondowner Representative that additional funds are available to be used for hard costs or soft - 35 - [Coggins Square] 4822-6171-6148.2 0050033-002220 costs, as applicable, if the allowances for Approved Construction Costs are not sufficient or if additional unexpected costs and expenses are incurred. Borrower may from time to time request that portions of the hard cost contingency line item be reallocated to other Approved Construction Costs line items for hard costs. Borrower may from time to time request that portions of the soft cost contingency line item be reallocated to other Approved Construction Costs line items for soft costs. Such requests shall be subject to Bondowner Representative’s written approval, which shall not be unreasonably withheld. Any approved reallocation of the hard cost contingency line item shall be in amounts commensurate with the percent completion of construction. 6.9 Lien Claims . In the event construction or other Liens (other than Permitted Encumbrances) are claimed or recorded against the Property, Bondowner Representative shall have the right to withhold approval of all Disbursements and to reserve sufficient Loan proceeds to pay 150 percent of the Lien amount, to direct disbursement to the claimant for the account of Borrower, or to direct disbursement by check payable jointly to Borrower and the claimant. 6.10 Prospective Default. Bondowner Representative may suspend its obligation to make Disbursements to Borrower at any time a Prospective Default has occurred and is continuing. 6.11 No Waiver. To the extent that Bondowner Representative has approved a Disbursement without requiring Borrower then to strictly comply with the terms of this Agreement, that leniency shall not constitute a waiver or grounds for estoppel and Bondowner Representative at any time thereafter may insist on strict compliance to avoid default by Borrower. SECTION 7. COVENANTS Borrower covenants and agrees as follows: 7.1 [Intentionally Omitted]. 7.2 Good Standing. Borrower will maintain its legal status and licenses and pay all taxes and annual fees in connection therewith. 7.3 Law Compliance . Borrower will comply with all Laws and O rders from any Governmental Agency applicable to Borrower and the ownership, improvement, construction, occupancy, leasing, and operation of the Project. 7.4 Insurance . Borrower will obtain and maintain with responsible carriers reasonably acceptable to Bondowner Representative the insurance coverage specified in Section 3.1.9 and by the Security Documents and provide evidence of such insurance coverage when and as reasonably required by Bondowner Representative. 7.5 Quality of Work. The construction work will be performed in a good and workmanlike manner substantially in accordance with the Construction Documents and applicable Laws and O rders from any Governmental Agency and Borrower will provide to - 36 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Bondowner Representative copies of the inspection certificates issued by the Architect and the appropriate Governmental Agencies. 7.6 Permits . Borrower has obtained or will obtain all permits required for rehabilitation of the Project, prior to commencing construction. 7.7 Taxes and Impositions . 7.7.1 Borrower shall pay, prior to delinquency, all of the following (collectively, the “Impositions ”): (a) all general and special real property taxes if not abated or otherwise exempted and assessments due and owing on the Property; (b) all other due and owing taxes and assessments and charges of every kind that are assessed upon the Property (or upon the owner and/or operator of the Property) and that create or may create a lien upon the Property (or upon any personal property or fixtures used in connection with the Property), including, without limitation, non-governmental levies and assessments pursuant to applicable covenants, conditions or restrictions; and (c) all license fees, taxes and assessments imposed on Bondowner Representative which are measured by or based upon (in whole or in part) the amount of the obligations secured by the Property. If permitted by law, Borrower may pay any Imposition in installments (together with any accrued interest). Borrower shall deliver to Bondowner Representative within 10 days following the due date of any Imposition, evidence of payment acceptable to Bondowner Representative. Immediately upon request of Bondowner Representative, Borrower shall establish with Bondowner Representative an escrow account or other impound in form and substance acceptable to Bondowner Representative with respect to any Imposition (whether or not delinquent) and thereafter commence monthly deposits thereto in the amount specified by Bondowner Representative as necessary to pay such Impositions from time to time when due and payable. The immediately foregoing sentence shall apply in each instance without regard to the general availability of and Borrower ’s pursuit of exemptions for such Impositions (in whole or in part) whether in respect of real property taxes or otherwise. 7.7.2 Within 90 days after the Closing Date and thereafter within 12 0 days after the end of each tax year, there shall be provided to Bondowner Representative letters or certificates from all Governmental Agencies having real property taxing power over or other similar jurisdiction over the Project to the effect that the Project is and will remain exempt from all real property taxation for the immediately succeeding tax year or, if different, the immediately succeeding real property taxation assessment, levy, and collection cycle for the taxing authority; provided that, in lieu of such letters, Borrower may, with the prior, written consent of Bondowner Representative, provide such other comfort as to real property taxation exemption matters as is deemed to be satisfactory in form and substance and from sources (including without limitation, opinions of counsel) satisfactory to Bondowner Representative. 7.8 Accounts and Disbursements . Borrower shall maintain the Construction Account and all other accounts with Bondowner Representative. Borrower shall deposit or cause to be deposited into the Equity Account of the Construction Fund (a) all amounts required to be deposited pursuant to Sections 5.3 and 5.4, and (b) amounts described in Sections 1.3 and 1.12 of the Deed of Trust relating to casualty insurance and condemnation proceeds. Bondowner Representative shall cause Bond Trustee to deposit all Disbursements (whether from Bond or Loan proceeds or other Funding Sources) fo r Approved Construction Costs into the Construction - 37 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Account. Bondowner Representative shall deposit or cause to be deposited all Disbursements from other Funding Sources for Approved Construction Costs into the Construction Account. All amounts deposited in the Construction Account and the Construction Fund shall be disbursed solely to pay Approved Construction Costs or, if applicable with resp ect to amounts described in Sections 1.3 and 1.12 of the Deed of Trust, to repair, rebuild and restore the Project on the same terms, and subject to the same conditions, that proceeds of the Loan are to be disbursed under this Agreement. All funds in the Construction Account and the Construction Fund are subject to the pledges described in the Loan Documents. 7.9 No Liability for Disbursements . Under no circumstances shall Bondowner Representative be responsible or liable to any Person, including, without limitation, Borrower, Guarantor or any Partner for or on account of any disbursement of, or the failure to disburse, any of the proceeds of the Loan (or any portion thereof). The foregoing shall be in addition to all other limitations on the responsibility and liability of Bondowner Representative set forth in this Agreement. 7.10 Affordability Compliance and Covenant Reporting. Within 120 days after December 31, 2021 and the end of each Fiscal Year thereafter, Borrower shall deliver to Bondowner Representative a Compliance C ertificate, in the form of Exhibit D, signed by Borrower to the effect that for the immediately preceding annual period no default or Event of Default shall have occurred under the Regulatory Agreements or the Loan Documents and that as of the end of the immediately preceding annual period and as of the date of such certificate, no Event of Default or Prospective Default exists. 7.11 Compliance and Cooperation in Enforcement of Regulatory Agreements . Borrower hereby covenants and agrees as follows: 7.11.1 to comply and cause compliance with all provisions of the Regulatory Agreements; 7.11.2 to advise Bondowner Representative in writing promptly upon learning of any default with respect to the covenants, obligations and agreements of Borrower set forth in the Regulatory Agreements; 7.11.3 upon written direction by Bondowner Representative, to cooperate fully and promptly in enforcing the terms and provisions of the Regulatory Agreements; and 7.11.4 to file in accordance with the time limits established by the Regulatory Agreements, as applicable, all reports and certificates required thereunder. Bondowner Representative shall not incur any liability in the event of any breach or violation of the Regulatory Agreements, and Borrower agrees to indemnify Bondowner Representative from any claim or liability for such breach or purported breach thereof. 7.12 Financial and Covenant Compliance Reporting Requirements . 7.12.1 Annual Financial Statements. Commencing after completion of rehabilitation of the Project, within 120 days after the end of each Fiscal Year, Borrower shall - 38 - [Coggins Square] 4822-6171-6148.2 0050033-002220 deliver to Bondowner Representative (a) an audited balance sheet for Borrower as of the end of such Fiscal Year and an audited statement of profit and loss for Borrower and for Borrower ’s operations in connection with the Property for such Fiscal Year, together with all supporting schedules and (b) the opinion of an independent certified public accountant acceptable to Bondowner Representative stating that such materials (i) were prepared in accordance with generally accepted accounting principles applied on a consistent basis, (ii) fairly present Borrower’s financial condition, (iii) show all material liabilities, direct and contingent, (iv) fairly present the results of Borrower’s operations, and (v) disclose the existence of any hedge and/or off-balance sheet transactions. Borrower shall also deliver to Bondowner Representative, or cause Guarantor to deliver to Bondowner Representative, within 180 days after the end of each Fiscal Year, audited financial statements for Guarantor in form and substance satisfactory to Bondowner Representative. 7.12.2 Monthly Operating Statements. Commencing with the first calendar month after the month in which completion of construction occurs, and for each calendar month thereafter until the Conversion Date, Borrower shall prepare and deliver to Bondowner Representative, within 30 days after the end of each calendar month, an operating statement for the Property for the month then ended, together with a current rent roll and leasing status report for the Property, each certified by Borrower as being true and correct in all material respects and in form and substance satisfactory to Bondowner Representative. Borrower shall also deliver to Bondowner Representative, concurrently with Borrower’s delivery of the monthly operating statement and monthly rent roll for the Property described above, a cash flow statement for the Property for the month then ended (to the extent not reflected in the monthly operating statement), in form and substance satisfactory to Bondowner Representative. 7.12.3 Quarterly Operating Statements. Commencing with the first calendar quarter after the quarter in which Conversion occurs, and for each calendar quarter thereafter, Borrower shall prepare and deliver to Bondowner Representative, within 30 days after the end of each calendar quarter, an operating statement for the Property for the quarter then ended, together with a rent roll and leasing status report for the Property for such quarter, each certified by Borrower as being true and correct in all material respects and in form and substance satisfactory to Bondowner Representative. Borrower shall also deliver to Bondowner Representative, concurrently with Borrower’s delivery of the quarterly operating statement and quarterly rent roll for the Property described above, a cash flow statement for the Property for the quarter then ended (to the extent not reflected in the quarter operating statement), in form and substance satisfactory to Bondowner Representative. 7.12.4 Affordability Compliance, Covenant and Tax Exemption Reporting. Within 120 days after the end of each Fiscal Year, Borrower shall deliver to Bondowner Representative the Compliance C ertificate described in Section 7.10. Within 90 days after the Closing Date and thereafter within 120 days after the end of each tax year, Borrower shall deliver to Bondowner Representative evidence of tax exemption as required pursuant to Section 7.7.2. 7.12.5 Operating Budget. By December 1 of the calendar year in which completion of construction occurs, and by December 1 of each calendar year thereafter, - 39 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Borrower shall deliver to Bondowner Representative an operating budget for the upcoming calendar year. 7.12.6 Taxes and Insurance. Not less than ten (10) days prior to its due date, Borrower shall deliver to Bondowner Representative (a) evidence that all insurance premiums have been paid and that all insurance required hereunder is in effect and (b) evidence that all real property taxes have been paid in full. 7.12.7 Other Reports. Upon Bondowner Representative’s request, Borrower shall deliver to Bondowner Representative, and shall cause Guarantor to deliver to Bondowner Representative, a credit report and such other information reasonably requested by Bondowner Representative. 7.13 Inspections and Inquiries . Borrower hereby grants Bondowner Representative the right at all times to: (a) inspect and photocopy the books and records (including those kept in electronic form) of Borrower regarding the Project and the Collateral; (b) inspect the Project, the progress of construction, and all materials stored on o ther real estate; (c) perform environmental and other engineering tests on the Project and the Property; (d) obtain from and discuss with the Architect, the surveyor, and the Contractor all information within the possession or control of such Persons that is pertinent to the Project and the construction work; and (e) verify the status of performance and payment of all subcontracts and purchase orders for materials directly with all subcontractors and suppliers of materials. 7.14 Disclosure . Borrower will keep Bondowner Representative fully informed at all times as to the legal status and financial condition of Borrower and Guarantor. Borrower will disclose to Bondowner Representative all material facts and developments regarding the Collateral, including any facts that are necessary to make all previous disclosures and representations not misleading. 7.15 Use of Proceeds . Borrower will use the proceeds of the Loan solely and exclusively for the uses and purposes specified in the Approved Budget. 7.16 Payment of Debts . Borrower will pay and perform its debts and obligations to Bondowner Representative when due under the Loan Documents and will reimburse Bondowner Representative on demand for all advances made by Bondowner Representative pursuant to Section 4.5 and for all costs and expenses incurred by Bondowner Representative as set forth in Section 4.4 hereof. Borrower will pay and perform its debts and obligations to third parties, including tenants and prospective tenants at the Project, when due. 7.17 Indemnity. 7.17.1 Indemnification of Bondowner Representative, Issuer and Bond Trustee. Borrower will indemnify, defend, and hold harmless Bondowner Representative, Issuer, Bond Trustee and each of their respective staff, directors, officials, officers, employees, supervisors, counsel, attorneys, and agents, past, present and future of each of them (collectively, the “Indemnified Parties ”) from and against all claims and causes of action (and any resulting liability, cost, or expense) that are asserted against any Indemnified Party and arise from, or relate to, the Loan, the Bonds, the Project, Borrower’s ownership, construction, or operation of - 40 - [Coggins Square] 4822-6171-6148.2 0050033-002220 the Project, or Borrower’s failure to comply with applicable Laws. Borrower’s obligations under this Section 7.17 shall survive repayment of the Loan and Bondowner Representative’s taking possession of the Property through foreclosure, deed -in-lieu, or otherwise. 7.18 Satisfaction of Conditions . Borrower will, at Borrower’s sole cost, take all actions necessary to cause each and every condition precedent described in Section 3 hereof to be satisfied. 7.19 Change Orders . Unless Borrower obtains Bondowner Representative’s prior written consent, Borrower will not make or authorize (a) any changes in the line items in the Approved Budget or (b) any changes or additions to the Project or the Approved Budget except for changes that (i) do not cost more than $____________ individually or $____________ in the aggregate and (ii) do not diminish the scope, quality, or value to the Property. Bondowner Representative may require the deposit of additional funds deemed necessary by Bondowner Representative to cover any increased cost and evidence of consent to the change orders by Subordinate Lenders. 7.20 No Transfers . Except for Permitted Transfers (as defined in the Deed of Trust), Borrower will not transfer, convey, assign, mortgage, pledge, or encumber all or any part of or interest in Borrower, the Property or the Project. 7.21 Liens . Borrower shall not at any time grant or permit to exist any Lien in any or all of its presently owned or hereafter acquired real or personal property, except for Permitted Encumbrances. 7.22 Rental Units . Borrower shall rent (a) sixteen (16) units in the Project to households whose income is at or below thirty percent (30%) of median family income for Contra Costa County, California, at the time that a household initially occupies that unit, (b) thirty-nine (39) units in the Project to households whose income is at or below fifty percent (50%) of median family income for Contra Costa County, California, at the time that a household initially occupies that unit, and (c) thirty-one (31) units in the Project to households whose income is at or below sixty percent (60%) of median family income for Contra Costa County, California, at the time that a household initially occupies that unit . 7.23 Reserve Accounts . Borrower shall open the Replacement Reserve Account, the Operating Reserve Account and the Equity/Loan Reserve Account on or prior to the Conversion Date and thereafter shall maintain the Replacement Reserve, the Operating Reserve and the Equity/Loan Reserve in the amounts and subject to the terms and conditions set forth in the Reserve and Security Agreement. 7.24 Limitations on Additional Indebtedness and Other Transactions . Borrower shall not, without the prior written consent of Bondowner Representative granted in its sole discretion, incur any indebtedness of any kind other than the inde btedness to Bondowner Representative under the Loan Documents and the indebtedness described in the Project Sources Schedule (provided that such indebtedness shall have been subordinated to all indebtedness to Bondowner Representative). In addition to the foregoing, Borrower shall not, without the prior written consent of Bondowner Representative granted in its sole discretion, enter into, engage in - 41 - [Coggins Square] 4822-6171-6148.2 0050033-002220 or benefit from any off balance sheet or hedge transactions, including, without limitation, interest rate swap agreements. 7.25 Tax Credit Allocation; Tax Credits . Borrower shall take or cause to be taken all actions necessary to maintain the allocation of LIHTC awarded to Borrower prior to the Closing Date (“Allocation”). Borrower shall not and shall not cause or allow any party to amend, supplement, restate, rescind or allow to lapse or expire the Allocation. Borrower shall satisfy all conditions precedent to the eligibility for and issuance of the LIHTC as soon as reasonably possible and in any event prior to the date upon which the allocation of tax credits described herein would expire or lapse. Borrower shall comply, and cause the Project to comply, with all requirements imposed by the Code, the applicable Laws and orders from any Governmental Agency, and/or by Governmental Agencies in order to preserve the LIHTC in the full amount provided in the Allocation. Without limiting the foregoing, Borrower shall timely file all certifications and reports required in connection with the LIHTC , and if requested shall deliver copies of such certifications and reports to Bondowner Representative concurrently with the filing of the same. 7.26 Equity Deposits . Borrower shall take and cause to be taken all actions necessary under the Partnership Agreement or otherwise to cause the Investor to timely and fully make the Equity Deposits in the amounts and at the times set forth in Exhibit C-1. Prior to the Conversion Date, all such Equity Deposits shall be promptly deposited by Borrower either into escrow on the Closing Date or into the Equity Account of the Construction Fund. 7.27 No Amendments to Partnership Agreement; Exception. The Partnership Agreement shall not be amended, supplemented or restated, in whole or in part, without the prior, written consent of Bondowner Representative. 7.28 Further Assurances . Borrower shall execute and deliver any and all instruments, agreements and documents and shall take such other a ction as may be necessary or desirable in the opinion of Bondowner Representative to maintain, perfect or insure Bondowner Representative’s security provided for herein and in the other Loan Documents, including the filing or recording of UCC renewal statements or amendments, the execution of such amendments to the Deed of Trust and the other Loan Documents and the delivery of such endorsements to the Title Insurance Company, all as Bondowner Representative reasonably requires, and shall pay all fees and expenses (including attorneys’ fees) related thereto or incurred by Bondowner Representative in connection therewith. 7.29 Limitations on Additional Indebtedness and Other Transactions . Borrower shall not, without the prior written consent of Bondowner Representative granted in its sole discretion, incur any indebtedness of any kind other than (a) the indebtedness to Bondowner Representative under the Loan Documents and (b) the indebtedness described in the sources of funds listed on Exhibit C (provided that such indebtedness shall have been subordinated to all indebtedness to Bondowner Representative). In addition to the foregoing, Borrower shall not, without the prior written consent of Bondowner Representative granted in its sole discretion, enter into, engage in or benefit from any off balance sheet or hedge transactions, including, without limitation, interest rate swap agreements. - 42 - [Coggins Square] 4822-6171-6148.2 0050033-002220 7.30 Required Debt Service Coverage Ratio . Commencing with the calendar year ending on December 31, 20___, Borrower shall maintain, on an annual basis, a Debt Service Coverage Ratio of at least 1.10 to 1.00 based on the operating data and Project performance for the immediately preceding calendar year; provided that, in the event the Debt Service Coverage Ratio falls below 1.10 to 1.00 for any calendar year, the same shall not, in and of itself, constitute an Event of Default hereunder so long as the following requirements are timely satisfied: 7.30.1 In the event the Debt Service Coverage Ratio for any calendar year is less than 1.10 to 1.00, Borrower agrees to (i) prepare and submit to Bondowner Representative, within 45 days after notice from Bondowner Representative that the Debt Service Coverage Ratio test has not been met, a corrective action plan reasonably satisfactor y to Bondowner Representative explaining in sufficient detail why the Debt Service Coverage Ratio was less than 1.10 to 1.00 for the immediately preceding calendar year and what steps will be taken and diligently pursued to ensure that the required 1.10 to 1.00 Debt Service Coverage Ratio will be met for the then current calendar year, and (ii) comply with, and diligently pursue, the corrective action plan until the Debt Service Coverage Ratio for any subsequent calendar year is at least 1.10 to 1.00, provided the Investor shall have the right to cure any failure to comply with and diligently pursue the corrective action plan by removing and replacing the General Partner (subject to the terms of Section 4.5(e) of the Deed of Trust) with a new general partner that complies with and diligently pursues the c orrective action plan within 30 days after such replacement; 7.30.2 In the event the Debt Service Coverage Ratio is less than 1.10 to 1.00 for any subsequent calendar year, Borrower agrees that, within 30 days after notice of any shortfall, Borrower shall deposit in a blocked account held by Bondowner Representative (the “DSCR Shortfall Account”) an amount in immediately available funds (together with any funds then held in the DSCR Shortfall Account) equal to the amount required, on an annualized basis, to achieve the required minimum 1.10 to 1.00 Debt Service Coverage Ratio, which amounts are hereby pledged to Bondowner Representative to secure all obligations of Borrower under the Loan Documents. Such funds may be used to pay debt service and operating expenses approved by Bondowner Representative to the extent revenues from the Project are insufficient to pay the same. Once the Debt Service Coverage Ratio for any subsequent calendar year is restored to at least 1.10 to 1.00, then any amounts held by Bondowner Representative in the DSCR Shortfall Account shall be released to Borrower (or on the written order of Borrower); and 7.30.3 No other Event of Default shall have occurred and be continuing. Any failure to comply with the requirements set forth above shall constitute an immediate Event of Default hereunder. 7.31 Limitation on Distributions . No distributions of Net Cash Flow shall be made to Borrower, Guarantor, or any Partner or any of their respective Affiliates for any purpose on or prior to the Conversion Date, other than Developer Fee payments in strict accordance with the Approved Budget and property management fees payable pursuant to the Property Management Agreement approved by Bondowner Representative. After the Conversion Date, if applicable, no distributions of Net Cash Flow shall be made to Guarantor, any Partner or any Affiliate of Borrower or Guarantor during any period when the Debt Service Coverage Ratio for the Property - 43 - [Coggins Square] 4822-6171-6148.2 0050033-002220 is less than 1.10 to 1.00. In the event the Debt Service Coverage Ratio is at least 1.10 to 1.00 for any calendar year period, distributions of Net Cash Flow from the Project (after payment of debt service and provided that all required reserves are fully funded) shall be permitted , but only to the extent that, on a pro forma basis, the Debt Service Coverage Ratio for such calendar year period would have not been less than 1.10 to 1.00 had the amount of the then proposed distribution been treated as a reduction in the amount of oper ating income generated by the Project for purposes of determining Net Cash Flow for the same period. 7.32 Remargin Requirements . 7.32.1 If, as of the proposed Conversion Date, the Debt Service Coverage Ratio requirement set forth in Section 8.1(j) has not been satisfied on the basis of evidence in form and substance satisfactory to Bondowner Representative in its sole and absolute discretion, Bondowner Representative shall have the right and the power to require Borrower to remargin the Convertible Loan in an aggregate principal amount necessary in the judgment of Bondowner Representative to satisfy the foregoing requirement (such aggregate principal amount is referred herein as the “Remargin Amount”). Borrower hereby understands, acknowledges and agrees that no portion of the Loan or the proceeds of the Note s shall be used to pay the Remargin Amount. Borrower shall pay the Remargin Amount to Bondowner Representative in immediately available funds no later than the tenth (10th) Business Day after receiving notice of Bondowner Representative’s decision to remargin the Convertible Loan as described herein. The Remargin Amount shall be applied by Bondowner Representative against the then outstanding principal balance of the Convertible Loan. Without limiting the foregoing, Borrower shall also be responsible for paying all accrued and unpaid interest on the Convertible Loan as of the date of any such remargining. 7.32.2 Borrower agrees to deliver any necessary or desirable amendments, supplements or restatements of this Agreement and/or any of the Loan Documents to reflect the remargining of the Convertible Loan, all at Borrower's expense. Borrower shall pay all costs and expenses associated with such remargining, including but not limited to (i) the attorneys’ fees of Bondowner Representative, (ii) costs of any title insurance endorsements required by Bondowner Representative in its discretion, and (iii) costs related to any federal tax consequences as a result of such remargining. 7.32.3 Borrower understands, acknowledges and agrees that the foregoing remargin requirement shall be and hereby is made in addition to all other rights available to Bondowner Representative under terms and conditions of this Agreement and the other Loan Documents. 7.32.4 Borrower understands, acknowledges and agrees that the foregoing remargin requirements and mechanics shall be used to determine the remargin amount due as a result of any condemnation and/or casualty as furthe r described in Sections 1.3 and 1.12 of the Deed of Trust. - 44 - [Coggins Square] 4822-6171-6148.2 0050033-002220 7.33 Bond Documents; Tax Exempt Status . 7.33.1 Borrower shall timely perform its obligations under the Bond Documents and Borrower shall not enter into any new Bond Document or amend, modify, supplement, cancel or terminate any Bond Document without the prior written conse nt of Bondowner Representative. 7.33.2 Borrower shall not, directly or indirectly, take any action or fail to take any action or permit any action to be taken or not taken which would adversely affect the exemption of interest earned on the Bonds from gross income of the holders thereof for federal and state income tax purposes. Borrower agrees to fulfill all of its obligations under the Tax Certificate and the Code and its accompanying regulations, including, without limitation, its arbitrage and rebate obligations under Code Section 148, as amended. If Borrower should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof. 7.33.3 Borrower understands that the interest rate set forth in each Note has been established on the assumption that interest paid on the Bonds will be excludable from the holder’s gross income for federal income tax purposes under the Code and for state income taxes under applicable state law. In the event that Borrower receives notice or evidence of a final determination from the Internal Revenue Service or other Governmental Agency that interest payable on the Bonds is not tax-exempt for federal and state income tax purposes (other than as a result of the application of Code Section 265(b)(3) or any successor provision) then the interest rate set forth in each Note shall be increased, both prospectively and retroactively, as set forth in Section 2.3 of the Construction Note and Section 2.4 of the Convertible Note , as applicable, and Borrower shall pay to Bondowner Representative promptly upon demand an amount sufficient to adjust previous payments of interest to the increased rate. Borrower shall also indemnify, defend and hold Bondowner Representative, Issuer and Bond Trustee harmless for, from and against any penalties, interest expense, charges or other costs, including reasonable attorneys' fees and accountants' costs, resulting from any dispute, challenge, audit or similar action or investigation concerning the exclusion from gross income for federal income tax purposes of interest on the Bonds. In addition, Borrower shall, within 30 days after filing, provide Bondowner Representative with a copy of each IRS Form 8038, 8038G, or 8038GC, as applicable, filed in connection with the Bond. 7.34 AHAP Contract. Borrower agrees that it shall not modify, amend, terminate or reduce the number of Project units included under the scope of the HAP Contract or AHAP Contract without first obtaining Bondowner Representative’s prior written consent. Borrower will timely perform all obligations of Borrower with respect to the HAP Contract and the AHAP Contract, and shall take all actions necessary to maintain the HAP Contract and the AHAP Contract in full force and effect and to prevent the termination or reduction of the Section 8 Payments to the Project provided thereunder. 7.35 Reappraisal Requirements . Borrower agrees that Bondowner Representative shall have the right to obtain, at Borrower’s expense, an appraisal of the Property prepared by a n appraiser selected by and acceptable to Bondowner Representative and in conformance with - 45 - [Coggins Square] 4822-6171-6148.2 0050033-002220 applicable Laws and Orders of any Governmental Agency applicable to Bondowner Representative and accepted by Bondowner Representative at any time that (a) an Event of Default has occurred hereunder, (b) any condemnation, damage or destruction of the Property occurs, (c) Bondowner Representative determines in its sole opinion that the security for the Loan has been physically or financially impaired in any material manner, or (d) such appraisal is required by then current banking laws or regulations. In the event that Bondowner Representative shall elect to obtain such an appraisal, Bondowner Representative may immediately commission an appraiser acceptable to Bondowner Representative, at Borrower’s cost and expense, to prepare the appraisal and Borrower shall fully cooperate with Bondowner Representative and the appraiser in obtaining the necessary information to prepare such appraisal. In the event such appraisal is required by reason of the damage or destruction of a portion of the Property, the fair market value shall be calculated on the Property after restoration of the Improvements, but subject only to then existing leases which will remain in full force and effect following such restoration. 7.36 ///[Investor Fund Closing. On or before ____________________, Investor shall have assigned all of its interest in Borrower to a tax credit limited partnership or limited liability company controlled, directly or indirectly, by ____________________ (the “Tax Credit Investor”), in which “upper tier” institutional tax credit investors are limited partners or members, pursuant to an assignment in the form required by the Partnership Agreement, which provides for all rights and obligations of the initial Investor under the Partnership Agreement to be assigned to, and assumed by, the Tax Credit Investor.]/// 7.37 Property Management. Borrower will not suffer or permit any breach or default to occur in any of Borrower's obligations under the property management agreement with Property Manager nor suffer or permit any amendment, assignment, termination or other modification to the property management agreement with Property Manager without the prior written consent of Bondowner Representative. Borrower shall not change or terminate the Property Manager without the prior written consent of Bondowner Representative. 7.38 Subordinate Loan Documents . Borrower shall not: (a) commit any breach or default under the Subordinate Loan Documents; (b) fail to maintain the Subordinate Loan Documents in full force and effect until all sums owing to Bondowner Representative with respect to the Loan have been repaid in full; (c) consent to any termination, amendment or modification of the Subordinate Loan Documents without Bondowner Representative’s prior written consent; or (d) use any of the proceeds of the permanent loan for any purpose other than for payment to Bondowner Representative until such time as all sums owing to Bondowner Representative under the Loan Documents have been paid in full. SECTION 8. CONVERSION 8.1 Conversion of Convertible Loan. Borrower will have the option of converting the Convertible Loan from a floating interest rate construction loan to a fixed interest rate term loan with the Maturity Date extended to the Convertible Loan Maturity Date. Following delivery to Bondowner Representative, Issuer and Bond Trustee of the Conversion Election Notice (defined below), conversion shall occur, subject to satisfaction of all of the following - 46 - [Coggins Square] 4822-6171-6148.2 0050033-002220 conditions precedent (collectively, “Conditions to Conversion”) on or prior to the Construction Loan Maturity Date: (a) No Event of Default or Prospective Default exists at the time the option to convert to a term loan is exercised and on the date of conversion to the term loan; (b) Except as otherwise disclosed to and accepted by Bondowner Representative, the representations and warranties made in this Agreement continue to be true and correct as if made on and as of the date of the Conversion Election Notice and the Conversion Date; (c) Completion of construction has occurred in accordance with the Plans, as determined by Bondowner Representative, free and clear of all liens; (d) Borrower receives a final certificate of occupancy (or other written assurance reasonably satisfactory to Bondowner Representative) from the appropriate government agency certifying that the Project may be lawfully occupied for its intended use and Borrower has complied with all conditions contained in such permit for occupancy; (e) Bondowner Representative receives certificates from the Architect and Bondowner Representative’s inspector that, based upon personal inspections at adequate intervals (not less than monthly) during construction, all construction work was completed in a good and workmanlike manner in accordance with the Plans and Construction Documents (subject only to change orders approved by Bondowner Representative) and in accordance with applicable Laws and Orders; (f) The period for filing construction lien claims has expired and Borrower provides to Bondowner Representative and Bondowner Representative approves releases of liens from all potential lien claimants; (g) Bondowner Representative received an endorsement to the Title Policy from the Title Insurance Company or a re-write of the Title Policy, as required by Bondowner Representative, showing the Deed of Trust to be a first priority lien upon the Property, subject only to the Permitted Encumbrance, and including such additional endorsements as may be required by Bondowner Representative, including, without limitation, a CLTA 101.2 endorsement and updated tax parcel endorsements, if applicable; (h) Borrower pays Bondowner Representative, Issuer and Bond Trustee all costs and expenses incurred by Bondowner Representative, Issuer and Bond Trustee in connection with the conversion, including reasonable attorneys’ fees; (i) Borrower has given written notice to Bondowner Representative of exercise of the option to convert at least 30 days before the Conversion Date and Borrower has provided to Bondowner Representative any additional documentation reasonably required by Bondowner Representative in connection with the conversion; (j) The Project has achieved, for the three consecutive months immediately preceding the Conversion Date, (a) a minimum Debt Service Coverage Ratio of 1.15 to 1.00 - 47 - [Coggins Square] 4822-6171-6148.2 0050033-002220 (provided, however, that Borrower may cause this debt service coverage condition to be satisfied by making a prepayment of principal under the Convertible Note prior to the Conversion Date in an amount sufficient, in Bondowner Representative’s sole judgment, to cause the Project to satisfy the foregoing minimum Debt Service Coverage Ratio requirement), and (b) stabilized occupancy of ________________ percent (___%)]///; (k) No Material Adverse Occurrence shall have occurred since the Closing Date; (l) Borrower has received the ________________ installment of the Equity Deposits and the ________________ installment of the Equity Deposits, as set forth on Exhibit C-1, in the aggregate amount of $____________; (m) All Subordinate Loans have been disbursed in full to Borrower and Borrower has received all other Funding Sources in the amounts and at the times set forth in the Project Sources Schedule; (n) The Construction Loan shall have been repaid in full, together with all other amounts due and owing under the Loan Documents as of the Conversion Date; (o) Borrower has delivered to Bondowner Representative a fully executed copy of the HAP Contract, and Contract Administrator has begun to make payments to Borrower thereunder; (p) Borrower has deposited into the Operating Reserve Account an additional amount equal to ///[$269,161]///, in accordance with the Reserve and Security Agreement; (q) Borrower provides to Bondowner Representative evidence satisfactory to Bondowner Representative that the Property continues to be exempt from real property taxation; and (r) All conditions to the final Disbursement set forth in Section 3.3 have been satisfied. 8.2 Conversion Notices . Borrower shall, at least 30 days prior to the proposed Conversion Date, give Bondowner Representative, Issuer and Bond Trustee written notice in the form attached hereto as Exhibit F (“Conversion Election Notice ”) that Borrower has elected to convert the Convertible Loan from a floating interest rate construction loan to a fixed interest rate term loan with a maturity date extended to the Convertible Loan Maturity Date. The Conversion Election Notice shall be accompanied by (a) a rent roll covering the Project for the prior three consecutive, full calendar months immediately preceding the date of the Conversion Election Notice, certified by Borrower as true, correct, and complete, (b) operating statements for the Project for each of those three consecutive calendar months, and (c) computations and other supporting documentation evidencing satisfaction of all financial covenants set forth in this Agreement and the other Loan Documents and the other Conditions to Conversion requiring (in the judgment of Bondowner Representative) computation and/or supporting documentation, and certified in each instance by Borrower to be true, correct, and complete. If Bondowner Representative, based upon the information described above, and such other information as it - 48 - [Coggins Square] 4822-6171-6148.2 0050033-002220 may reasonably require Borrower to deliver to it as evidence of satisfaction of the Conditions to Conversion, shall concur that the Conditions to Convers ion have been fully satisfied, Bondowner Representative shall give written notice in the form attached hereto as Exhibit G (“Conversion Notice ”) of such determination to Borrower. The Conversion Notice shall establish the effective date of the conversion to a fixed interest rate term loan (“Conversion Date ”), which shall be a Payment Date (as defined in the Convertible Note), and the Convertible Loan Maturity Date. 8.3 Conversion Default. If all of the Conditions to Conversion are not satisfied on or before the Construction Loan Maturity Date, an Event of Default shall automatically be deemed to have occurred under this Agreement, and all amounts owing under the Notes shall be immediately due and payable. 8.4 No Liability for Failure to Convert the Term Loan. Under no circumstances shall Bondowner Representative, Issuer or Bond Trustee be responsible or liable to any Person (including, without limitation, Borrower or the Guarantor) for or on account of any failure to satisfy the Conditions to Conversion or for the failure of the Convertible Loan to convert from a floating interest rate construction loan to a fixed interest rate term loan with the Maturity Date extended to the Convertible Loan Maturity Date. The foregoing shall be in addition to all other limitations on the responsibility and liability of Bondowner Representative, Issuer and Bond Trustee set forth in this Agreement or in any of the Loan Documents. SECTION 9. EVENTS OF DEFAULT Borrower will be in default if any one or more of the following events occurs after the expiration of any applicable cure periods provided in the Loan Documents (each an “Event of Default”): 9.1 Payment. Borrower fails to make any payment under the Notes, this Agreement or any other Loan Document when due. 9.2 Additional Equity. Any contribution, loan, or deposit, required by Section 5.4 is not made in accordance with the requirements of Section 5.4 and Exhibit C, or Borrower fails to deposit additional money to balance the Loan following Bondowner Representative’s written demand for such deposit as set forth in Section 5.3. 9.3 Unauthorized Changes . Borrower breaches the covenant prohibiting change orders set forth in Section 7.19. 9.4 Prohibited Transfers . Other than for Permitted Transfers, the actual or attempted conveyance, assignment, transfer, mortgage, pledge, encumbrance, hypothecation, or other disposition of the Project, Borrower’s interest in the Property, or Borrower’s rights under this Agreement in violation of this Agreement or the Deed of Trust , or there occurs any sale, transfer, pledge, or assignment of any interest in Borrower or any of its Partners. 9.5 Other Covenants . Borrower fails to perform or comply with a ny other covenant in this Agreement or any other Loan Document when required hereunder. - 49 - [Coggins Square] 4822-6171-6148.2 0050033-002220 9.6 Misrepresentation. Borrower or Guarantor misrepresents a material fact to Bondowner Representative, Issuer or Bond Trustee or any of the representations in Section 2.1 hereof or in the Guaranty are false. 9.7 Liens . A Lien (including without limitation, any construction, mechanic ’s or materialman’s lien), writ of execution, or attachment or any similar process shall be issued or levied against all or any part of or interest in the Collateral, or any judgment involving monetary damages shall be entered against Borrower which shall become a Lien on the Collateral or any portion thereof or interest therein and such Lien, execution, attachment, or similar process or judgment is not released, bonded, satisfied, vacated, or stayed within 30 days after its entry or levy. If Borrower elects to bond over any such Lien, at any time prior to Borrower’s posting of a bond or other security satisfactory to Bondowner Representative, Bondowner Representative may, at its option, reduce and reserve Disbursements of Loan proceeds in the amount of 150 percent of the value of the Lien until such Lien is bonded over in form satisfactory to Bondowner Representative. 9.8 Dissolution. Borrower or any Partner or Guarantor is dissolved, liquidated, or terminated, or all or substantially all of the assets of Borrower, any Partner or Guarantor are sold or otherwise transferred without Bondowner Representative’s prior written consent, or any Partner withdraws as a partner of Borrower. 9.9 Insolvency. Borrower, any Partner or Guarantor is the subject of an order for relief by a bankruptcy court, or is unable or admits its inability (whether through repudiation or otherwise) to pay its debts as they mature, or makes an assignment fo r the benefit of creditors; or Borrower, any Partner or Guarantor applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Borrower, any Partner or Guarantor, as the case may be, and the appointment continues undischarged or unstayed for 60 days; or Borrower, any Partner or Guarantor institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, construction or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Borrower , any Partner or Guarantor, as the case may be, and continues undismissed or unstayed for 60 days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against any property of Borrower, any Partner or Guarantor and is not released, vacated or fully bonded within 30 days after its issue or levy. 9.10 Title . Title to the Property is not satisfactory to Bondowner Representative by reason of any Lien, encumbrance, or defect (even though the same may have existed at the time of any prior advance), except those matters affecting title which have at any time been consented to in writing by Bondowner Representative, and such Lien, encumbrance, or other defect is not corrected to Bondowner Representative’s satisfaction within 30 days after its recording; or the Title Insurance Company fails or refuses to insure that the Deed of Trust on the Property is a valid Lien securing any Disbursement of Loan proceeds, subject only to the Permitted Encumbrances. - 50 - [Coggins Square] 4822-6171-6148.2 0050033-002220 9.11 Construction Failure . Borrower does not rehabilitate the Project in accordance with the Construction Documents (as may be amended from time to time with the approval of Bondowner Representative) and all Laws now existing or hereafter enacted, adopted, or promulgated of all Governmental Agencies having jurisdiction over the Property, or Borrower fails to file with the appropriate departments of any Governmental Agency or other governmental authority having jurisdiction over the Property amended or supplemental plans and specifications for the Project if required by Law, or Borrower fails to furnish to Bondowner Representative written certificates issued by such departments approving the plans and specifications for the Project. 9.12 Law Compliance . Borrower fails to comply with any requirement of any Governmental Agency having jurisdiction over the Property within 30 days after notice in writing of such requirement shall have been given to Borrower (subject to any cure period expressly set forth in such notice). 9.13 Delay. The substantial delay, discontinuation, or prohibition of rehabilitation of the Project except as provided in Section 11.3. 9.14 Other Loan Documents . An event of default occurs under any other Loan Document, and such default continues beyond all applicable notice and cure periods . 9.15 Guarantor Defaults . (a) The Guaranty is repudiated, revoked or terminated in whole or in part without Bondowner Representative’s prior written consent, (b) Guarantor is dissolved, (c) any individual Guarantor dies, or (d) a Guarantor claims that the Guaranty is ineffective or unenforceable, in whole or in part and for any reason, with respect to amounts then outstanding or amounts that might in the future be outstanding. 9.16 Partnership Agreement. The Partnership Agreement is amended, modified or terminated without Bondowner Representative’s prior written consent (except solely to memorialize a Permitted Transfer), or a default occurs under the Partnership Agreement which remains uncured beyond all applicable notice and cure periods . 9.17 Partners . Except for Permitted Transfers, (a) the withdrawal, removal, or substitution of any Investor, or (b) the withdrawal, removal or substitution of any General Partner and the failure to provide, within thirty (30) days ther eof, a replacement general partner approved by Bondowner Representative, in its sole discretion. 9.18 Conversion. The Conditions to Conversion are not fully satisfied on or prior to the Construction Loan Maturity Date. 9.19 Regulatory Agreements . Any default occurs under the Tax Credit LURA or any other Regulatory Agreement which is not cured within any applicable time period provided for therein, or Borrower fails to remain in compliance with the requirements for the LIHTC. 9.20 Material Adverse Occurrence . The occurrence of any Material Adverse Occurrence. - 51 - [Coggins Square] 4822-6171-6148.2 0050033-002220 9.21 LIHTC. There is a loss or material reduction in the LIHTC projected under the Partnership Agreement that could result in a removal of the General Partner or a repurchase of the Investor’s interest under the Partnership Agreement. 9.22 HAP Contract. (a) The occurrence of a default by Borrower under the AHAP Contract or the HAP Contract that is not cured within the cure period set forth in such document, or the failure of satisfaction by Borrower of all conditions precedent to the availability of Section 8 Payments for the Project as set forth in the AHAP Contract or the HAP Contract, (b) the withdrawal of consent by the Contract Administrator to the assignment of the AHAP Contract, the HAP Contract or the Section 8 Payments in favor of Bondowner Representative w hich is not cured within thirty (30) days thereafter, or (c) the amendment, reduction, modification, termination, rescission or cancellation of the AHAP Contract, the HAP Contract or the Section 8 Payments without the prior written consent of Bondowner Representative. 9.23 Subordinate Loan Documents . (a) The Subordinate Loan Documents are modified, terminated, or surrendered in whole or in part without Bondowner Representative’s prior written consent, or (b) a default occurs under any Subordinate Loan Document and is not cured within any applicable notice and cure periods. 9.24 Loss of Tax-Exemption. Interest payable on either Note becomes includable in the gross income of the holders of such Note for federal or state income tax purposes for reasons other than Bondowner Representative becoming a “substantial user” of the Project or a “related person” for the purposes of Code Section 147(a). SECTION 10. REMEDIES If an Event of Default occurs, in addition to any other rights Issuer, Bond Trustee or Bondowner Representative may have, Bondowner Representative may exercise any one or more of the following rights and remedies (or, in its sole discretion, may direct Bond Trustee to do so): 10.1 Suspension/Cancellation of Commitment. Terminate any obligation or responsibility on the part of Bondowner Representative to make further Disbursements of Loan proceeds or any other amounts held in the Construction Fund. The loan fees provided for in this Agreement have been fully earned and will not be subject to refund in the event of cancellation. 10.2 Complete Construction. Bondowner Representative may take over and complete any construction work, and, for that purpose may disburse or request Disbursement of equity money and Loan proceeds. Any contracts entered into or debts incurred on the exercise of such right may be in the name of Borrower, and Bondowner Representative is hereby irrevocably appointed attorney-in -fact (the appointment being coupled with an inte rest) to enter into contracts, incur debts and obligations, enforce contracts or agreements theretofore made by or on behalf of Borrower, and to do any and all things necessary or proper to complete the work, including the signing of Borrower’s name to such contracts and documents, as may be deemed necessary by Bondowner Representative. Bondowner Representative will not be required to use its own funds to complete construction work if undisbursed equity money and Loan proceeds are insufficient, but Bondowner Representative may advance such funds at its option. Any funds so advanced shall be payable to Bondowner Representative by Borrower on demand together with - 52 - [Coggins Square] 4822-6171-6148.2 0050033-002220 interest at the Default Rate until paid and shall be secured by Bondowner Representative’s Lien in the Collateral. 10.3 Acceleration of Due Date . Bondowner Representative may declare the principal of the Loans immediately due and payable. All amounts due under the Notes and the other Loan Documents shall bear interest at the Default Rate from the date of default until paid. 10.4 Repossession and Foreclosure . Bondowner Representative may repossess the Collateral and/or eliminate Borrower’s interest in the Collateral through judicial or nonjudicial foreclosure. 10.5 Other Rights and Remedies . Bondowner Representative may exercise or pursue any other remedy or cause of action permitted by this Agreement, any othe r Loan Document, or applicable laws and O rders of any Governmental Agency. All rights and remedies are cumulative and non-exclusive. 10.6 Other Remedies . Without limiting the generality of the foregoing and regardless of the availability of any other remedy hereunder or under applicable law or in equity, Bondowner Representative shall also have the right, to the fullest extent permitted under applicable law, to declare the outstanding principal amount of the Loans (or any portion thereof), together with all accrued interest thereon and other amounts owing in connection therewith, to be immediately due and payable regardless of any specified due date. Any such e lection by Bondowner Representative to so accelerate the Loans (or any portion thereof), if made, may be revoked or rescinded by Bondowner Representative in whole or in part acting in its sole and absolute discretion at any time without notice and without prejudicing or adversely affecting any right or remedy hereunder or under applicable laws or in equity. 10.7 Cure Rights of Investor. Bondowner Representative agrees that it shall not complete a foreclosure sale of the Property or record a deed -in-lieu of foreclosure with respect to the Property (each, a “Foreclosure Remedy”) unless and until Investor has first been given thirty (30) days written notice of the Event(s) of Default, or the Prospective Default, giving rise to Bondowner Representative’s right to complete such Foreclosure Remedy, and Investor has failed, within such thirty (30) day period to cure such Event(s) of Default and/or Prospective Default; provided, however, that Bondowner Representative shall be entitled during such thirty (30)-day period to continue to pursue all of its rights and remedies under the Loan Documents, including but not limited to acceleration of the Note s (subject to any de-acceleration provisions specifically set forth in the Loan Documents), commencement and pur suit of foreclosure (but not completion of the foreclosure sale), any guaranty (subject to any notice and cure provisions contained therein), and/or any other Loan Document. In the event Bondowner Representative has accelerated the Notes and the Investor cures all Events of Default giving rise to such acceleration within the thirty (30) day cure period described above, such cure shall have the effect of de-accelerating the Note; provided, however, that such de -acceleration shall not waive or limit any of Bondowner Representative’s rights to accelerate the Notes or exercise any other remedies under the Loan Documents as to any future or continuing Events of Default. It is the express intent of the parties hereunder that Bondowner Representative shall have the right to pursue all rights and remedies except completion of a Foreclosure Remedy without liability to Investor for failure to provide notice to Investor, and that Bondowner Representative’s liability - 53 - [Coggins Square] 4822-6171-6148.2 0050033-002220 hereunder shall be expressly limited to actual damages to Investor directly caused by Bondowner Representative’s completion of a Foreclosure Remedy without Investor receiving the notice and opportunity to cure described above. Bondowner Representative’s failure to give any such notice for any reason shall not act to impair or waive any remedy or right of Bondowner Representative under this Agreement or any other Loan Document. Unless expressly prohibited by Law, Investor agrees to record a “Request for Notice”, or similar appropriate document requesting notice of any foreclosure sale, in the Official Records, and in the event Bondowner Representative has failed to sooner provide notice to Investor, the receipt of such notice of foreclosure sale shall be deemed to be notice to the Investor as contemplated he reunder. Bondowner Representative shall give Investor notice at the address set forth below or such other address as Investor may instruct Bondowner Representative in writing from time to time: _______________________________ _______________________________ _______________________________ _______________________________ SECTION 11. TIME 11.1 Commencement and Completion. Borrower shall commence the construction work at the Project no later than the Construction Commencement Deadline. Borrower will substantially complete all construction, site work, and landscaping, post and record a completion notice, and obtain a final certificate of occupancy all in substantial accordance with the Construction Documents not later than the Construction Comple tion Deadline. 11.2 Expiration of Commitment. In the event that any condition precedent set forth in Section 3.1 is not fulfilled or waived by Bondowner Representative before the Closing Deadline, Bondowner Representative shall have the right to terminate this Agreement and to retain all fees paid to Bondowner Representative related hereto. 11.3 Frustration of Purpose . In the event that the construction work is substantially delayed or prohibited by act of God, government interference, or other circumstance beyond the control of Borrower, such delay or prohibition shall not constitute an Event of Default unless Bondowner Representative determines that construction cannot reasonably be expected to be completed by the Construction Loan Maturity Date, or the earlier date when possession of any material part of the improvements has been promised to a tenant. If Bondowner Representative makes such determination, Bondowner Representative may treat the delay or prohibition as an Event of Default. 11.4 Time Essence . Time is of the essence in the payment and performance of the debts and obligations of Borrower to Bondowner Representative under this Agreement and the other Loan Documents. 11.5 Term. This Agreement shall remain in full force and effect until all amounts due under the Loan Documents have been paid in full. - 54 - [Coggins Square] 4822-6171-6148.2 0050033-002220 SECTION 12. MISCELLANEOUS 12.1 Right of Setoff. To secure payment of the Loan and performance of all of Borrower’s obligations under the Loan Documents and any other obligations of Borrower to Bondowner Representative of any nature whatsoever (collectively “Obligations ”), Borrower hereby grants to Bondowner Representative a Lien in, a lien on, and an express contractual right to set off against all depository account balances, cash and any other property of Borrower now or hereafter in the possession of Bondowner Representative. Bondowner Representative may immediately without notice upon the occurrence of an Event of Default hereunder (after expiration of any notice requirements or grace/cure p eriods under this or other agreements between Borrower and Bondowner Representative) exercise the aforesaid right to setoff against such Obligations whether or not such Obligations (including future installments) are then due or have been accelerated, and/or Bondowner Representative may refuse to allow withdrawals from any account, all without any advance or contemporaneous notice or demand of any kind to Borrower, such notice and demand being expressly waived. 12.2 Attorneys’ Fees and Expenses . (a) The prevailing party in the trial or appeal of any civil action, Insolvency Proceeding, or arbitration proceeding to construe or enforce this Agreement or any of the other Loan Documents, to repossess Collateral, to foreclose liens and Liens, and/or to defend any claims, offsets, defenses, counterclaims, and third -party claims that are asserted under contract, tort, or other common law theories will be entitled to recover attorneys’ fees in addition to costs and disbursements and such fees, costs, and disbursements will be ar interest at the Default Rate. (b) Borrower agrees to pay on demand all of Bondowner Representative’s, Issuer’s and Bond Trustee’s costs and expenses, including Bondowner Representative’s, Issuer’s and Bond Trustee’s attorneys’ fees and legal expenses, incurred in connection with the Loan and the enforcement of this Agreement and the other Loan Documents. Bondowner Representative may hire or pay someone else to help enforce this Agreement. Bondowner Representative may also use attorneys who are salaried employees of Bondowner Representative to enforce this Agreement. Borrower shall pay all costs and expenses of all such enforcement. In the event suit, action or other legal proceeding is brought to interpret or enforce this Agreement, Borrower agrees to pay all additional sums as the referee or court may adjudge reasonable as Bondowner Representative’s, Issuer’s and Bond Trustee’s costs, disbursements, and attorneys’ fees at hearing, trial, and on any and all appeals. As used in this paragraph, “Agreement” means this Agreement and all other Loan Documents. Whether or not a court action is filed, all reasonable attorneys’ fees and expenses Bondowner Representative, Issuer and Bond Trustee incurs in protecting their interests and/or enforcing this Agreement shall become part of the indebtedness evidenced or secured by this Agreement, shall bear interest at the highest applicable rate under the Notes or credit agreement, and shall be paid to Bondowner Representative, Issuer and/or Bond Trustee, as applicable, by Borrower on demand. The attorneys’fees and expenses covered by this paragraph include without limitation all of Bondowner Representative’s, Issuer’s and Bond Trustee’s attorneys’fees (including the fees charged by Bondowner Representative’s in- house attorneys, calculated at hourly rates charged by attorneys in private practice with comparable skill and experience), Bondowner Representative’s, Issuer’s and Bond Trustee’s fees and expenses for bankruptcy proceedings (including efforts to modify, vacate, or obtain relief - 55 - [Coggins Square] 4822-6171-6148.2 0050033-002220 from any automatic stay), fees and expenses for Bondowner Representative’s, Issuer’s and Bond Trustee’s post-judgment collection activities, Bondowner Representative’s, Issuer’s and Bond Trustee’s cost of searching lien records, searching public record databases, on-line computer legal research, title reports, surveyor reports, appraisal reports, collateral inspection reports, title insurance, and bonds issued to protect Bondowner Representative’s collateral, all to the fullest extent allowed by law. 12.3 Assignment by Borrower. Borrower may not assign or otherwise transfer its rights under the Loan Documents or delegate its obligations under the Loan Documents without the prior written consent of Bondowner Representative. A breach of this clause, directly or indirectly, will constitute an Event of Default and will not vest any rights in the purported transferee. 12.4 Participations, Pledges and Syndication and Securitization. Bondowner Representative may transfer, assign, sell and/or grant participations in the Loan, the Loan Documents or any of them at any time, in whole and in part, and may furnish any transferee, assignee, purchaser or participant or prospective transferee, assignee, purchaser or participant with any and all documents and information (including, without limitation, financial information) relating to Borrower, any Partner, Guarantor, and the Loan, the Loan Documents, or any of them that Bondowner Representative deems advisable in connection therewith. Borrower’s indemnity obligations under the Loan Documents shall also apply with respect to any transferee, assignee, purchaser or participant and the directors, officers, agents and employees of any transferee, assignee, purchaser or participant. In the event of any such transfer, assignment, sale or participation, Bondowner Representative and the parties to such transaction shall share in the rights and obligations of Bondowner Representative as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such transfer, assignment, sale or participation, Borrower further agrees that the Loan Documents shall be sufficient evidence of the obligations of Borrower to each transferee, assignee, purchase r, or participant, and upon written request by Bondowner Representative, Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such transfer, assignment, sale or participatio n, as the case may be. 12.5 Rights to Share Information. Bondowner Representative shall have the right to discuss with any Partner or Guarantor the affairs of Borrower, course of construction, lease-up, operation, and management of the Project, the financial c ondition of Borrower, Guarantor and the Project, and to disclose any non-confidential information received by Bondowner Representative regarding Borrower, Guarantor, the Project or any Partner with any other Partner, Guarantor and/or other third parties, singularly or together, as Bondowner Representative may choose in its sole and absolute discretion. 12.6 Advertising. During the construction work, Bondowner Representative may place a sign at the Project that advertises that Bondowner Representative is providing the construction financing. Bondowner Representative also will have the right to publicize the financing and may include in publicity releases, if applicable, the name of Borrower, the trade name of the Project, and a general description of the Project. - 56 - [Coggins Square] 4822-6171-6148.2 0050033-002220 12.7 Communications . Any notice, approval, waiver, consent, demand, request, or declaration required or allowed under the Loan Documents will be effective on the third Business Day after it is given by certified mail, return receipt requested, to the address set forth below or last specified in writing by the party to whom such communication is to be delivered or on the same Business Day that it is delivered personally. Borrower: Coggins Square Apartments, L.P. c/o BRIDGE Housing Corporation 600 California Street, Suite 900 San Francisco, California 94108 Attention: Rebecca Hlebasko Bondowner Representative : Umpqua Bank O ne Capitol Mall, Suite 610 Sacramento, California 95814 Attention: Monica Sharp Bond Trustee: _______________________ _______________________ _______________________ _______________________ Issuer: County of Contra Costa, California Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: Community Development Bond Program Manager 12.8 Waiver and Estoppel. Bondowner Representative may at any time and from time to time waive any one or more of the conditions contained in the Loan Documents, but any such waiver shall be deemed to be made pursuant to this Agreement and not in modification thereof, and any such waiver in any instance o r under any particular circumstances will not be construed a waiver of such condition as to future circumstances or of any subsequent default. The failure of Bondowner Representative to promptly exercise its rights or remedies will not be deemed to be a waiver or grounds for the claim of estoppel. 12.9 Agreement Binding. The Loan Documents will bind and inure to the benefit of the parties and their respective successors, permitted assigns, officers, employees, and agents. The Loan Documents are for the sole p rotection and benefit of such persons and no other persons will have any claims or causes of action arising from or related to the Loan Documents or the Loan. 12.10 Counterpart Signatures . The Loan Documents may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which, taken together shall constitute one and the same contract. - 57 - [Coggins Square] 4822-6171-6148.2 0050033-002220 12.11 Relationship of Parties . Bondowner Representative is not in any joint venture, partnership, fiduciary, or agency relationship with Borrower. Borrower acknowledges that there is no attorney-client relationship between Bondowner Representative’s attorneys and Borrower. 12.12 Liability to Others . Bondowner Representative will not be liable to any person other than Borrower for the manner and/or time in which Loan proceeds and money deposited by Borrower is disbursed. No architect, engineer, contractor, subcontractor, or materialman will have any right or claim against Bondowner Representative under the Loan Documents or arising from Bondowner Representative’s administration of the Loan. To the extent that Bondowner Representative performs inspections or reviews and/or approves plans and specifications, architects, contractors, engineers, supporting documents for draws, or other construction-related persons, entities, items, or matters, it will be deemed to have exercised such rights solely as a bank in determining the value of its security for internal loan purposes exclusively and not for the benefit of Borrower or any other person, as an expert in construction-related matters, or for any other purpose. Borrower agrees that Bondowner Representative will not be required to do, or refrain from doing, any act that would result in Bondowner Representative being held to be responsible for the payment of any state or federal employee withholding tax related to Borrower. Borrower covenants and agrees to remain current at all times in the payment of any state or federal employee withholding tax. 12.13 References . All references in this Agreement to any section refers to the sections of this Agreement. Use of the singular can include the plural and where so used to refer to Persons, the Persons referred to are jointly and severally liable or responsible (except as otherwise expressly set forth herein). 12.14 Conflict. The terms and conditions of this Agreement and of the other Loan Documents are intended to complement and supplement each other and are to be construed so as to be consistent and complementary. The Loan Documents will govern over any conflicting term or condition contained in any term sheet provided to Borrower. This Agreement will govern over any conflicting term or condition contained in the other Loan Documents. 12.15 Captions . The captions and headings are for convenience and substantively are not a part of this Agreement. 12.16 Standard for Discretion. In the event this Agreement is silent on the standard for any consent, approval, determination, or similar discretionary action by Bondowner Representative, the standard shall be sole and unfettered discretion as opposed to any standard of good faith, fairness, or reasonableness, provided, however, that Borrower understands that Bondowner Representative shall retain the right to modify the construction related conditions and requirements set forth in this Agreement to the extent reasonably necessary to ensure the Project is completed in a workmanlike manner and free and clear of liens . 12.17 Governing Law. Construction, performance, and enforcement of the Loan Documents will be governed by California law (without regard to the rules for conflict of laws), but if Bondowner Representative has greater rights or remedies under federal law, then such rights and remedies under federal law also will be available to Bondowner Representative. - 58 - [Coggins Square] 4822-6171-6148.2 0050033-002220 12.18 Complete and Final Agreement. The Loan Documents are the complete, final, and exclusive agreement of the parties relating to the Loan. No term or condition can or will be explained, supplemented, waived, or modified by conduct or oral agreement either before, at, or after signing and delivery of the Loan Documents. 12.19 Patriot Act. Bondowner Representative (for itself and not on behalf of any other party) hereby notifies Borrower that, pursuant to the requirements of the USA PATRIOT Act, Title III of Pub. L. 107-56, signed into law October 26, 2001 (“PATRIOT Act”), it is required to obtain, verify and record information that identifies Borrower, which information includes the name and address of Borrower and other information that will allow Bondowner Representative to identify Borrower in accordance with the PATRIOT Act. Borrower agrees to provide all such required information to Bondowner Representative. 12.20 Additional Banking Laws . Borrower shall (a) ensure, and cause each Affiliate to ensure, that no person who owns a controlling interest in or otherwise controls Borrower or any Affiliate is or shall be listed on the “Specially Designated Nationals and Blocked Person List” or other similar lists maintained by the Office of Foreign Assets Control (“OFAC”), the Department of the Treasury, or included in any Executive Orders, (b) not use or permit the use of the proceeds of the Loan to violate any of the foreign asset control regulations of OFAC or any enabling statute or Executive Order relating thereto, and (c) comply, and cause each Affiliate to comply, with all applicable bank secrecy act laws and regulations, as amended. 12.21 Tax Shelter Disclosure . None of Borrower, Guarantor, or any Affiliate or subsidiary of any of the foregoing intends to treat the Loan or the transactions contemplated by this Agreement and the other Loan Documents as being a “reportable transaction” (within the meaning of Regulation Section 1.6011-4). If Borrower, or any other party determines to take any action inconsistent with such intention, Borrower shall promptly notify Bondowner Representative thereof in writing. If Borrower so notifies Bondowner Representative, Borrower acknowledges that Bondowner Representative may treat the Loan as part of a transaction that is subject to Regulation Section 301.6112-1, and Bondowner Representative will maintain the lists and other records, including the identity of the applicable party to the Loan a s required by such Regulation. 12.22 Costs of Enforcement. (a) The prevailing party in the trial or appeal of any civil action, Insolvency Proceeding, or arbitration proceeding to construe or enforce this Agreement or any of the other Loan Documents, to repossess Collateral, to foreclose liens and Liens, and /or to defend any claims, offsets, defenses, counterclaims, and third -party claims that are asserted under contract, tort, or other common law theories will be entitled to recover reasonable attorney fees in addition to costs and disbursements and such fee s, costs, and disbursements will bear interest at the Default Rate. (b) Borrower agrees to pay on demand all of Bondowner Representative’s out-of-pocket costs and expenses, including Bondowner Representative’s reasonable attorneys’ fees and legal expenses, incurred in connection with enforcement of this Agreement. Bondowner Representative may hire or pay someone else to help enforce this Agreement. - 59 - [Coggins Square] 4822-6171-6148.2 0050033-002220 Bondowner Representative may also use attorneys who are salaried employees of Bondowner Representative to enforce this Agreement. Borrower shall pay all costs and expenses of all such enforcement. In the event suit, action or other legal proceeding is brought to interpret or enforce this Agreement, Borrower agrees to pay all additional sums as the refere e or court may adjudge reasonable as Bondowner Representative’s costs, disbursements, and attorney fees at hearing, trial, and on any and all appeals. As used in this paragraph, “Agreement” means this Agreement and all other Loan Documents. Whether or no t a court action is filed, all reasonable attorney fees and expenses Bondowner Representative incurs in protecting its interests and/or enforcing this Agreement shall become part of the indebtedness evidenced or secured by this Agreement, shall bear interest at the highest applicable rate under the Notes or credit agreement, and shall be paid to Bondowner Representative by the other party or parties signing this Agreement on demand. The attorneys’ fees and expenses covered by this paragraph include without limitation all of Bondowner Representative’s attorney fees (including the fees charged by Bondowner Representative’s in-house attorneys, calculated at hourly rates charged by attorneys in private practice with comparable skill and experience), Bondowner Representative’s fees and expenses for bankruptcy proceedings (including efforts to modify, vacate, or obtain relief from any automatic stay), fees and expenses for Bondowner Representative’s post-judgment collection activities, Bondowner Representative’s cost of searching lien records, searching public record databases, on-line computer legal research, title reports, surveyor reports, appraisal reports, collateral inspection reports, title insurance, and bonds issued to protect Bondowner Representative’s collateral, all to the fullest extent allowed by law. 12.23 WAIVER OF RIGHT TO TRIAL BY JURY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY TO THIS AGREEMENT HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER ANY LOAN DOCUMENT OR IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO OR ANY OF THEM WITH RESPECT TO ANY LOAN DOCUMENT, OR THE TRANSACTIONS RELATED THERETO, IN EACH CASE WHETHER NOW EXISTING O R HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE; AND EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY, AND THAT ANY PARTY TO THIS AGREEMEN T MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. 12.24 Judicial Reference . In any judicial action or cause of action arising from this Agreement or otherwise (“Dispute ”), including without limitation contract and tort disputes, all decisions of fact and law shall, at the request of either Borrower or Bondowner Representative or other holder of this Agreement, be referred to a referee in accordance with Section 638 et seq. of the California Code of Civil Procedure if the action is before a court of any judicial district of the State of California. The referee shall prepare written findings of fact and conclusions of law, and judgment upon the referee’s award shall be entered in court in which such proceeding was commenced. No provision or exercise of any right under this provision shall limit the right of the undersigned or Bondowner Representative or other holder of this Agreement to exercise self- help remedies, such as foreclosure against or sale of any real or personal property collateral or - 60 - [Coggins Square] 4822-6171-6148.2 0050033-002220 security, or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, during or after the pendency of any jud icial reference proceeding. The exercise of a remedy does not waive the right of either party to resort to judicial reference. Borrower and Bondowner Representative further agree that all disputes, claims and controversies between them shall be brought in their individual capacities and not as a plaintiff or class member in any purported class or representative proceeding. [Remainder of Page Intentionally Left Blank .] [Construction Loan Agreement Signature Page] [Coggins Square] 4822-6171-6148.2 0050033-002220 IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written. BONDOWNER REPRESENTATIVE : UMPQUA BANK, an Oregon banking corporation By: _______________________________ Monica Sharp Vice President [Construction Loan Agreement Signature Page] [Coggins Square] 4822-6171-6148.2 0050033-002220 ISSUER: COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic By: _______________________________ [Name] [Title] [Construction Loan Agreement Signature Page] [Coggins Square] 4822-6171-6148.2 0050033-002220 BORROWER: COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: Bridge Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: ___________________________________ [Name] [Title] Exhibit A [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT A Legal Description Exhibit B [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT B Approved Budget [See Attached] Exhibit C [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT C Project Sources Schedule I. LOANS Lender/Program Loan Amount Required Funding Date County Loan ///[$2,500,000]/// On or before Closing Date GP Loan ///[$1,561,811]/// On or before Closing Date Sponsor Loan ///[$11,548,157]/// On or before Closing Date II. EQUITY/OTHER Funder Amount Required Funding Date Investor ///[$16,468,949]/// See Exhibit C -1 General Partner ///[$1,561,811]/// Closing Date III. DEFERRED DEVELOPER FEE Funder Amount Required Funding Date Developer $_____________ After the Conversion Date Exhibit C-1 [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT C-1 Schedule of Equity Deposits Investor Capital Equity Installments Amount of Capital Contribution Capital Contribution Due Date First Capital Contribution $________________ Closing Date This Capital Contribution shall be used to pay Approved Construction Costs. Second Capital Contribution $________________ Upon completion of rehabilitation of the Project, but not earlier than ____________________, 20____. This Capital Contribution shall be used to ____________________________. Third Capital Contribution $________________ On or before the Construction Loan Maturity Date This Capital Contribution shall be used to ____________________________________. Fourth Capital Contribution $________________ After the Construction Loan Maturity Date This Capital Contribution shall be used in accordance with the Partnership Agreement. Exhibit C-1 [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT C-2 Schedule of Development Fee Payments Fee Installment Amount of Fee Payable Fee Due Date Payment Source $________________ $________________ Exhibit D [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT D Compliance Certificate To: Umpqua Bank This Compliance Certificate is delivered pursuant to Section 7.10 of the Construction and Term Loan Agreement executed on _______________, 2020 (the “Loan Agreement”), among Coggins Square Apartments, L.P., a California limited partnership (the “Borrower”), the County of Contra Costa, California (“Issuer”) and Umpqua Bank, an Oregon banking corporation (“Bondowner Representative ”). All capitalized terms have the meanings set forth in the Loan Agreement: The undersigned, being the General Partner of Borrower, hereby certify that as of the end of the Fiscal Year and as of the date of this Compliance Certificate : (a) there were and are no defaults that occurred under the Regulatory Agreements; (b) there were and are no Prospective Defaults or Events of Default in regards to the Loan; and (c) the Property was, and continues to be, exempt from real property taxation. If, however, there were any such defaults under the Regulatory Agreements or Prospective Defaults or Events of Default in regards to the Loan, they are listed below along with the action we propose to take in respect to each such default, Prospective Default, or Event of Default. With respect to the Credits: 1. The LIHTC documents are in full force and effect. 2. There have been no occurrences which would result in a loss or material reduction in the amount of any LIHTC. 3. The Borrower has not received a Form 8823 or any other notice of non- compliance from the Credit Agency or any other Governmental Agency. 4. The Form 8609 has been or is anticipated to be received by the date requir ed in the Partnership Agreement. 5. Borrower has provided Bondowner Representative with all required LIHTC documents. 6. If required by the Internal Revenue Code, the Tax Credit LURA has been recorded in the appropriate filing office. Exhibit D [Coggins Square] 4822-6171-6148.2 0050033-002220 Dated: _____________________, 20___. BORROWER: COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: Bridge Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: ___________________________________ [Name] [Title] Exhibit E [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT E Insurance Requirements Borrower: Coggins Square Apartments, L.P., a California limited partnership Loan Number: [____________________] Project Address: 1316 Las Juntas Way, Walnut Creek, California Bondowner Representative shall have received evidence acceptable to Bondowner Representative that Borrower or the applicable third-party has procured insurance as set forth below, as required by Bondowner Representative in its sole discretion: 1. General Liability Insurance. A Commercial General Liability insurance policy on the Project shall be evidenced by an ACORD Form 25 insuring against claims of bodily injury, death or property damage on an “occurrence” rather than “claims made” basis (combined single limit form), in an amount not less than $1,000,000 per occurrence, and providing coverage in an aggregate amount of at least $2,000,000 (per location) and umbrella coverage of not less than $2,000,000, with a deductible amount, if any, not in excess of $15,000 all naming Bondowner Representative as an additional insured. 2. Builder’s Risk Policy. A Builder’s All Risk insurance policy on the Project, during the construction of the Improvements, shall be evidenced by an ACORD Form 28. Such insurance shall name Bondowner Representative as loss payee on a Form 438 BFU or acceptable equivalent attached to the policy, shall be for the full insurable value of the Improvements, with a deductible amount, if any, not in excess of $10,000 and shall be effective upon the date of the Notice to Proceed, the date of site mobilization or the start of any shipment of materials, machinery or equipment to the Project, whichever is earlier and is to remain in effect until replaced by permanent Property/All-Risk Hazard Insurance. The term “full insurable value” means 100 percent of the actual replacement cost of the insurable Improvements. The policy shall contain: the replacement cost endorsement, no coinsurance clause, in-transit coverage/temporary storage (based on each occurrence), demolition and increased cost of construction coverage, delay in completion and delay in rents/startup coverage. Unless waived by Bondowner Representative, the policy shall include: no exclusions for acts of terrorism, earthquake coverage, boiler and machinery coverage, sprinkler leakage coverage and vandalism and malicious mischief coverage and such other endorsements and coverages as Bondowner Representative may require. 3. Property/All-Risk Policy. An “All-Risk” hazard insurance policy on the Project shall be evidenced by an ACORD Form 28, name Bondowner Representative as loss payee on a Form 438 BFU or acceptable equivalent attached to the policy and shall be for the full insurable value of the completed improvements, with a deductible amount, if any, not in excess of $10,000 and shall include the replacement cost endorsement, no coinsurance clause, demolition and increased cost of construction coverage. The term “full insurable value” means 100 percent of the actual replacement cost of the insurable Improvements without the deduction for depreciation. Unless waived by Bondowner Representative, the policy shall include: no exclusions for acts of terrorism, earthquake coverage, boiler and machinery coverage, sprinkler Exhibit E [Coggins Square] 4822-6171-6148.2 0050033-002220 leakage coverage, vandalism and malicious mischief coverage and other such endorsements and coverages as Bondowner Representative may require. 4. Business Interruption. If the Project is owner-occupied, a one year’s business interruption insurance policy in an amount acceptable to Bondowner Representative. The policy shall name Bondowner Representative as mortgagee and loss payee. 5. Loss of Rents . If the Project is occupied by tenants, a loss of rents/business income policy with coverage for a minimum o f 12 months of Rental Value. The policy shall name Bondowner Representative as mortgagee and loss payee. Borrower shall not be required to provide loss of rents coverage until the initial occupancy of the Project. 6. Flood Coverage . A flood insurance policy in the maximum amount available, as required by applicable law, if the Property is located in an area designated by the United States Federal Emergency Management Agency as a special flood hazard area . The policy shall name Bondowner Representative as loss payee on a Form 438 BFU or acceptable equivalent attached to the policy. 7. Contractor’s Coverage . During the construction of the Improvements, the following policies of insurance are to be maintained by the Contractor for the Project, which policies may be combined with the policies required to be maintained by Borrower as set forth above: a. Public Liability/Property Damage Coverage for at least $1,000,000 per occurrence ($2,000,000 annual aggregate) to be written on Comprehensive General Liabilit y form including all broad form coverages or other form providing like coverage on an “occurrence” rather than “claims made” basis naming Bondowner Representative as an additional insured; b. Worker’s Compensation Coverage per applicable state law and employers liability at minimum limits of $500,000/$500,000/$500,000 naming the Contractor; c. Excess Liability Policy for not less than $2,000,000; and d. Automotive Liability Limits of no less than $1,000,000 for any automobile. 8. Other Insurance Required by Bondowner Representative . Insurance against such similar or other hazards, casualties, liabilities and contingencies, in such forms and amounts, as Bondowner Representative may from time to time reasonably require. 9. All Policies of Insurance . Each insurance policy required under this section shall be in form acceptable to Bondowner Representative and issued by a company or companies approved by Bondowner Representative and rated A- or better in the most current issue of Best’s Insurance Reports and licensed to do business in the state in which the Property is located. Each hazard insurance policy will include a Form 438 BFU, ISO 1218, or equivalent mortgagee endorsement in favor of and in form acceptable to Bondowner Representative. All required policies will provide for at least 10 days written notice to Bondowner Representative prior to the Exhibit E [Coggins Square] 4822-6171-6148.2 0050033-002220 effective date of any cancellation, non-renewal or material amendment, which term shall include any reduction in the scope or limits of coverage. Any policy with a co -insurance clause shall include an endorsement with a waiver of such co -insurance clause. All policies are to include waiver of subrogation against any party whose interest are covered in the policy and must be primary and non-contributory. The certificates and endorsements shall set forth the coverage, the limits of liability, the carrier, the policy number, the expiration date, the deductible amounts, loan number and Project address and/or description of the collateral insured. Borrower shall provide certified copies of the actual policies and endorsements when requested by Bondowner Representative. 10. Insurance Mailing Address . All documents and other materials relating to the insurance required hereunder shall be delivered to: Umpqua Bank, Post Office Box 1580, Roseburg, Oregon 97470. Exhibit F [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT F Conversion Election Notice [Date] Umpqua Bank One Capitol Mall, Suite 610 Sacramento, California 95814 Attention: Monica Sharp Umpqua Bank Post Office Box 1580 Roseburg, Oregon 97470-9972 Loan No. _______________ County of Contra Costa, California Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: Community Development Bond Program Manager [Bond Trustee] ______________________________ ______________________________ Attention: ______________________ Ref: __________________________ Reference is made to that certain Construction and Term Loan Agreement among Coggins Square Apartments, L.P., a California limited liability company (“Borrower”), the County of Contra Costa, California (“Issuer”) and Umpqua Bank (“Bondowner Representative ”) dated _________________, 2020 (the “Loan Agreement”). Capitalized terms used but not defined herein shall have the meaning assigned to such terms in the Loan Agreement. Borrower hereby requests that Convertible Loan be converted from a floating interes t rate construction loan to a fixed interest rate term loan pursuant to the terms and conditions of the Loan Agreement. Borrower hereby certifies to Bondowner Representative that the Conditions to Conversion set forth in Section 8.1 of the Loan Agreement either have been satisfied as of the date hereof or will be satisfied on or before the Conversion Date, including but not limited to: 1. No Event of Default or Prospective Default exists as of the date hereof and no Event of Default or Prospective Default will exist as of the Conversion Date; 2. The representations and warranties made in the Loan Agreement continue to be true and correct in all material respects as if made on and as of the date hereof and will continue to be true and correct as of the Conversion Date, except _____________________________ ________________________________________________________________________ _______________________________________________________________________; Exhibit F [Coggins Square] 4822-6171-6148.2 0050033-002220 3. Borrower accepts the Project as complete; 4. Borrower has received a final certificate of occupancy (or other written assurance) from the appropriate government agency certifying that the Project may be lawfully occupied for its intended use and Borrower has complied with all conditions contained in such permit for occupancy; 5. Bondowner Representative has received certificates from the Architect and, to Borrower’s knowledge, Bondowner Representative’s inspector, that, based upon personal inspections at adequate intervals (not less than monthly) during construction, all construction work was completed in a good and workmanlike manner in accordance with the plans and specifications and Construction Documents (subject only to change orders approved by Bondowner Representative) and in accordance with applicable Laws and Orders; 6. Bondowner Representative has received the Contractor’s final certificate of construction, certifying that the Project has been completed in accordance with the Plans, the Construction Documents and all applicable Laws; 7. The period for filing construction lien c laims has expired, and Borrower has provided to Bondowner Representative releases of liens from all potential lien claimants; 8. The Title Policy has been, or will be by the Conversion Date, endorsed by the Title Insurance Company to show that the Deed of Trust shall continue to be a first priority lien immediately after the Conversion Date, except for Permitted Encumbrances, and, if applicable, updated tax parcel endorsements; 9. Borrower has paid, or will pay by the Conversion Date, to Bondowner Representative all costs and expenses incurred by Bondowner Representative in connection with the conversion, including reasonable attorney fees; 10. This notice is being given to Bondowner Representative at least 30 days before the anticipated Conversion Date and Borrower has provided, or will provide by the Conversion Date, to Bondowner Representative any additional documentation reasonably required by Bondowner Representative in connection with the conversion; 11. The Project has achieved for the three consecutive months immed iately preceding the anticipated Conversion Date (a) a minimum Debt Service Coverage Ratio of 1.15 to 1.00 and (b) stabilized occupancy of ________________ percent (____%); 12. No Material Adverse Occurrence has occurred since the Closing Date and none shall occur prior to the Conversion Date; 13. Borrower has received the ________________ Capital Contribution and the ________________ Capital Contribution, and Borrower will receive the ________________ Capital Contribution in Equity Deposits on or before the Conver sion Date, as set forth on Exhibit C-1 to the Loan Agreement, in the aggre gate amount of $______________; Exhibit F [Coggins Square] 4822-6171-6148.2 0050033-002220 14. Borrower has received all Subordinate Loan proceeds and all other Funding Sources set forth in the Project Sources Schedule in the amounts and at the times set forth therein; 15. The Construction Loan has been, or will be on or prior to the Conversion Date, repaid in full, together with all other amounts due and owing under the Loan Documents as of the Conversion Date; 16. All reserves required under the Reserve and Security Agreement as of the Conversion Date have been, or will be on or prior to the Conversion Date, funded in accordance with the Reserve and Security Agreement; 17. Borrower has provided to Bondowner Representative evidence that the Property continues to be exempt from real property taxation as required pursuant to Section 7.7.2 of the Loan Agreement; 18. All conditions to the final Disbursement set forth in Section 3.3 have been satisfied; and 19. The following items are being delivered to Bondowner Representative with this notice and are true, correct and complete as of the date hereof: (a) a rent roll covering the Project for the prior three consecutive, full calendar months immediately preceding the date hereof, (b) operating statements for the Project for each of those three consecutive calendar months, and (c) computations and other supporting documentation evidencing satisfaction of all financial covenants set forth in the Loan Agreement, the other Loan Documents and the other Conditions to Conversion requiring computation and/or supporting documentation. Date: _______________________ BORROWER: COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: Bridge Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: ___________________________________ [Name] [Title] Exhibit G [Coggins Square] 4822-6171-6148.2 0050033-002220 EXHIBIT G Conversion Election Notice [Date] Coggins Square Apartments, L.P. c/o BRIDGE Housing Corporation 600 California Street, Suite 900 San Francisco, California 94108 Attention: Rebecca Hlebasko Re: Commercial Real Estate Loan Number ____________ NOTICE OF CONVERSION Reference is made to that certain Construction and Term Loan Agreement dated _________________, 2020, among you, the County of Contra Costa, California (“Issuer”) and Umpqua Bank (the “Loan Agreement”). Capitalized terms used but not defined herein shall have the meaning assigned to such terms in the Loan Agreement. We are pleased to notify you that we agree that all Conditions to Conversion set forth in Section 8.1 of the Loan Agreement have been satisfied, and we are now able to convert your existing Co nvertible Loan from a floating interest rate construction loan to a fixed interest rate term loan upon the following updated terms: The Conversion Date shall be _________________. The next Payment Date shall be _________________. The Convertible Loan Maturity Date shall be _________________. The amortization schedule attached as Exhibit A to the Convertible Note is hereby replaced with the amortization schedule attached hereto as Exhibit A. Additionally, we confirm that, pursuant to Section 1 2 of that certain Unsecured Payment and Performance Guaranty dated ____________, 2020, and executed by BRIDGE HOUSING CORPORATION (“Guarantor”), for the benefit of Umpqua Bank (the “Guaranty”), Guarantor’s obligations under the Guaranty are terminated except for, and sub ject to, those continuing obligations set forth in Section 12(b) of such Guaranty. Please do not hesitate to contact us regarding any questions you may have regarding the conversion and/or above information. We would like to take this opportunity to thank you again for working with Umpqua Bank, the World’s Greatest Bank! Sincerely, __________________________ Umpqua Bank - 1 - [Coggins Square] 4824-0006-2644v.2 0050033-002220 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Umpqua Bank 1111 Third Avenue, Suite 2900 Seattle, Washington 98101 Attention: Brianne Nevill SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSIGNMENT OF DEED OF TRUST AND RELATED DOCUMENTS For value received, the COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic (“Issuer”), hereby grants, conveys, assigns and transfers to ___________________________________, a __________________________________ (“Bond Trustee ”), for security purposes only, all interest, excluding the “Reserved Rights” as defined in that certain Indenture of Trust dated as of even date herewith (the “Indenture ”) among Issuer, Bond Trustee and Umpqua Bank, an Oregon banking corporation (“Bondowner Representative ”), of Issuer under: A. That certain Construction and Permanent Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the “Deed of Trust”) dated as of _________________, 2020, executed by COGGINS SQUARE APARTMENTS, L.P., a California limited partnership (“Borrower”), as trustor, to OLD REPUBLIC TITLE COMPANY, as trustee, for the benefit of Issuer, and recorded concurrently herewith in the Official Records of the County of Contra Costa, State of California, affecting the real property described in Exhibit A attached hereto and incorporated herein by this reference (the “Property ”); B. That certain Construction and Term Loan Agreement dated as of even date herewith by and among Borrower, Issuer and Bondowner Representative (the “Loan Agreement”); C. That certain Promissory Note (Convertible Note) dated as of even date herewith, executed by Borrower in favor of Issuer, in the original principal amount of ///[$7,476,200]///, and all renewals, modifications and extensions thereof; D. That certain Promissory Note (Construction Note) dated as of even date herewith, executed by Borrower in favor of Issuer, in the original principal amount of ///[$24,626,838]///, and all renewals, modifications and extensions thereof; E. That certain Unsecured Payment and Performance Guaranty dated as of even date herewith, executed by BRIDGE Housing Corporation, a California nonprofit public benefit corporation (“Guarantor”), in favor of Issuer; - 2 - [Coggins Square] 4824-0006-2644v.2 0050033-002220 F. All other Loan Documents (as each such term is defined in the Loan Agreement); and G. The policy of title insurance issued by Old Republic Title Company to Issuer, insuring the lien of the Deed of Trust. The foregoing assignment is made to secure all obligatio ns of Issuer under its Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 in the original principal amount of ///[$7,476,200]/// (the “Series C-1 Bond”) and its Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C -2 in the original principal amount of ///[$24,626,838]/// (the “Series C-2 Bond”; and together with the Series C-1 Bond, the “Bonds ”), and all renewals, modifications and extensions thereof, together with all other obligations of Issuer to Bondowner Representative under the Indenture. All capitalized terms used and without definition herein shall have the meanings set forth in the Indenture. [Remainder of Page Intentionally Left Blank ] [Signature Page to Assignment of Deed of Trust and Loan Documents] [Coggins Square] 4824-0006-2644v.2 0050033-002220 COUNTY OF CONTRA COSTA, CALIFORNIA, a public body, corporate and politic By: _______________________________ [Name] [Title] Exhibit A Page 1 [Coggins Square] 4824-0006-264 4v.2 0050033-002220 EXHIBIT A REAL PROPERTY [Coggins Square] 4824-0006-2644v.2 0050033-002220 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ____________________ } On _____________________, 2020 before me, ____________________________________, a Notary Public, personally appeared _______________________________, who proved to me the basis of satisfactory evidence to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the for egoing paragraph is true and correct. WITNESS my hand and official seal. Signature_____________________________ (SEAL) Quint & Thimmig LLP 2/24/20 03007.47:J16748 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Quint & Thimmig LLP 900 Larkspur Landing Circle, Suite 270 Larkspur, CA 94939-1726 Attention: Paul J. Thimmig, Esq. REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS by and between the COUNTY OF CONTRA COSTA, CALIFORNIA and COGGINS SQUARE APARTMENTS, L.P. a California limited partnership dated as of March 1, 2020 relating to: $____________ County of Contra Costa, California Multifamily Housing Revenue Bonds (Coggins Square Apartments), 2020 Series C-1 and $____________ County of Contra Costa, California Multifamily Housing Revenue Bonds (Coggins Square Apartments), 2020 Series C-2 -i- TABLE OF CONTENTS Section 1. Definitions and Interpretation ........................................................................................................................ 2 Section 2. Representations, Covenants and Warranties of the Borrower .................................................................. 6 Section 3. Qualified Residential Rental Project .............................................................................................................. 9 Section 4. Low Income Tenants; Reporting Requirements ........................................................................................ 10 Section 5. Tax-Exempt Status of Issuer Notes .............................................................................................................. 13 Section 6. Requirements of the Act ................................................................................................................................ 13 Section 7. Requirements of the Issuer ........................................................................................................................... 14 Section 8. Modification of Covenants ............................................................................................................................ 17 Section 9. Indemnification; Other Payments ................................................................................................................ 18 Section 10. Consideration .................................................................................................................................................. 19 Section 11. Reliance ............................................................................................................................................................ 19 Section 12. Transfer of the Project .................................................................................................................................... 20 Section 13. Term ................................................................................................................................................................. 21 Section 14. Covenants to Run With the Land ................................................................................................................. 22 Section 15. Burden and Benefit ......................................................................................................................................... 22 Section 16. Uniformity; Common Plan ........................................................................................................................... 22 Section 17. Default; Enforcement ..................................................................................................................................... 22 Section 18. The Bondowner Representative ................................................................................................................... 23 Section 19. Recording and Filing ...................................................................................................................................... 24 Section 20. Payment of Fees .............................................................................................................................................. 24 Section 21. Governing Law; Venue .................................................................................................................................. 25 Section 22. Amendments; Waivers .................................................................................................................................. 25 Section 23. Notices ............................................................................................................................................................. 25 Section 24. Severability ...................................................................................................................................................... 26 Section 25. Multiple Counterparts ................................................................................................................................... 26 Section 26. Limitation on Liability ................................................................................................................................... 26 Section 27. Third-Party Beneficiaries ............................................................................................................................... 27 Section 28. Property Management ................................................................................................................................... 27 Section 29. Requirements of CDLAC .............................................................................................................................. 27 Section 30. Limited Liability of Issuer ............................................................................................................................. 29 Section 31. Conflict With Other Affordability Agreements ......................................................................................... 29 Section 32. Annual Reporting Covenant ......................................................................................................................... 29 EXHIBIT A DESCRIPTION OF REAL PROPERTY EXHIBIT B FORM OF INCOME CERTIFICATION EXHIBIT C FORM OF CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE EXHIBIT D FORM OF COMPLETION CERTIFICATE EXHIBIT E CDLAC RESOLUTION NO. 19-204 -1- REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (as supplemented and amended from time to time, this “Regulatory Agreement”), dated as of March 1, 2020, is by and between the COUNTY OF CONTRA COSTA, CALIFORNIA, a political subdivision and body corporate and politic, duly organized and existing under the laws of the State of California (together with any successor to its rights, duties and obligations, the “Issuer”), and COGGINS SQUARE APARTMENTS, L.P., a California limited partnership duly organized, validly existing and in good standing under the laws of the State of California (together with any successor to its rights, duties and obligations hereunder and as owner of the Project identified herein, the “Borrower”). RECITALS: WHEREAS, the Issuer has issued its County of Contra Costa Multifamily Housing Revenue Bonds (Coggins Square Apartments) 1998 Series D, Issue I and its County of Contra Costa Multifamily Housing Revenue Bonds (Coggins Square Apartments) 1998 Series D, Issue II (collectively, the “1998 Bonds”), the proceeds of which were used to make a loan (the “Prior Loan”) to Coggins Square Associates, a California limited partnership (the “Prior Owner”) to finance the costs of 87 units of multifamily housing known as Coggins Square Apartments (the “Project”), located at 1316 Las Juntas Way in the unincorporated area of the County of Contra Costa on the site described in Exhibit A hereto; and WHEREAS, at the time of the issuance of the 1998 Bonds, the Issuer, the Prior Owner and BNY Western Trust Company, as trustee for the 1998 Bonds, entered into a Regulatory Agreement and Declaration of Restrictive Covenants, dated as of November 1, 1998 (the “Prior Regulatory Agreement”), imposing various requirements on the Project in order to satisfy requirements of the Internal Revenue Code of 1986, as amended (the “Code”) and provisions of the California Health and Safety Code applicable to the Project by reason of the issuance of the 1998 Bonds and the use of the proceeds of the 1998 Bonds to finance the Project; and WHEREAS, the Issuer now proposes to enter into an indenture of trust, dated as of March 1, 2020 (as supplemented and amended from time to time, the “Indenture”), among U.S. Bank National Association, as trustee (the “Trustee”), the Issuer and Umpqua Bank, as bondowner representative (the “Bondowner Representative”) pursuant to which the Issuer will issue, pursuant to Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code (the “Act”), its County of Contra Costa Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-1 and its County of Contra Costa Multifamily Housing Revenue Bond (Coggins Square Apartments), 2020 Series C-2 (collectively, the “Bonds”); and WHEREAS, the proceeds of the Bonds will be used to fund a construction loan and a convertible loan (collectively, the “Loans”) to the Borrower pursuant to a Construction and Term Loan Agreement, dated as of March 1, 2020, among the Issuer, the Bondowner Representative and the Borrower (as supplemented and amended from time to time, the “Loan Agreement”), to provide financing for the acquisition and rehabilitation by the Borrower of the Project; and WHEREAS, the Prior Owner is selling the Project to the Borrower and will use proceeds of the sale of the Project to repay the Prior Loan made to it from the proceeds of the 1998 Bonds, and thereby to redeem in whole the outstanding 1998 Bonds; and -2- WHEREAS, despite the redemption of the 1998 Bonds, the “Qualified Project Period,” as defined in the Prior Regulatory Agreement, will continue until the Bonds are no longer outstanding, as provided in clause (b) of the definition of such term in the Prior Regulatory Agreement; and WHEREAS, the Issuer has agreed that compliance by the Borrower with the provisions of this Regulatory Agreement will fully satisfy compliance with the applicable provisions of the Prior Regulatory Agreement that would otherwise survive the redemption in full of the 1998 Bonds, such that the Issuer has agreed to the termination of the Prior Regulatory Agreement; and WHEREAS, the Issuer has consented to the transfer of the Project to the Borrower pursuant to the terms of Section 13 of the Prior Regulatory Agreement; and WHEREAS, in order to assure the Issuer and the Bondowner Representative that interest on the Bonds will be excluded from gross income for federal income tax purposes under Section 103 of the Code, to assure the Issuer and the owners of the 1998 Bonds that the interest on the 1998 Bonds will continue to be excluded from the gross income of the owners of the 1998 Bonds for federal income tax purposes under the Code, and to satisfy the public purposes for which the 1998 Bonds were issued and the Bonds are authorized to be issued under the Act, and to satisfy the purposes of the Issuer in determining to issue the Bonds, certain limits on the occupancy of units in the Project need to be established and certain other requirements need to be met. NOW, THEREFORE, in consideration of the issuance of the Bonds by the Issuer and the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Issuer and the Borrower hereby agree as follows: Section 1. Definitions and Interpretation. Unless the context otherwise requires, the capitalized terms used herein shall have the respective meanings assigned to them in the recitals hereto, in this Section 1, or in the Indenture. “Administrator” means the Issuer or any administrator or program monitor appointed by the Issuer to administer this Regulatory Agreement, and any successor administrator appointed by the Issuer. “Affiliated Party” means (a) a person whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code, (b) a person who together with the Borrower are members of the same controlled group of corporations (as defined in Section 1563(a) of the Code, except that “more than 50 percent” shall be substituted for “at least 80 percent” each place it appears therein), (c) a partnership and each of its partners (and their spouses and minor children) whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code, and (d) an S corporation and each of its shareholders (and their spouses and minor children) whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code. “Affordable Rents” means thirty percent (30%) of an amount equal to fifty percent (50%) of the median gross income for the Area, adjusted for household size (as described in the definition of “Low Income Unit” in this Section 1), less a utility allowance calculated as set forth in U.S. Treasury Regulation Section 1.42-10. -3- “Area” means the Metropolitan Statistical Area or County, as applicable, in which the Project and the Other Project are located, as defined by the United States Department of Housing and Urban Development. “Available Units” means residential units in the Project that are actually occupied and residential units in the Project that are vacant and have been occupied at least once after becoming available for occupancy, provided that (a) a residential unit that is vacant on the later of (i) the date the Project is acquired or (ii) the issue date of the Bonds is not an Available Unit and does not become an Available Unit until it has been occupied for the first time after such date, and (b) a residential unit that is not available for occupancy due to renovations is not an Available Unit and does not become an Available Unit until it has been occupied for the first time after the renovations are completed. “CDLAC” means the California Debt Limit Allocation Committee or its successors. “CDLAC Conditions” has the meaning given such term in Section 29(a). “CDLAC Resolution” means Resolution No. 19-204 relating to the Project attached hereto as Exhibit E, adopted by CDLAC on December 11, 2019, as such resolutions may be modified or amended from time to time. “Certificate of Continuing Program Compliance” means the Certificate to be filed by the Borrower with the Issuer pursuant to Section 4(f) hereof, which shall be substantially in the form attached as Exhibit C hereto or in such other comparable form as may be provided by the Issuer to the Borrower, or as otherwise approved by the Issuer. “Closing Date” has the meaning given to such term in the Indenture. “Completion Certificate” means the certificate of completion of the rehabilitation of the Project required to be delivered to the Issuer by the Borrower pursuant to Section 2(i) of this Regulatory Agreement, which shall be substantially in the form attached to this Regulatory Agreement as Exhibit D. “Completion Date” means the date of completion of the rehabilitation of the Project, as that date shall be certified as provided in Section 2(i) of this Regulatory Agreement. “Compliance Period” means the period beginning on the first day of the Qualified Project Period and ending on the later of the end of the Qualified Project Period or such later date as set forth in Section 29(c) of this Regulatory Agreement. “County” means the County of Contra Costa, California. “FOCUS Program” means (a) the FOCUS Compliance Verification Program (user’s guide located at focus.housingcompliance.org) utilized by the Issuer to verify the Borrower’s compliance with various requirements of this Regulatory Agreement; or (b) any similar program used by the Issuer, in the substitution for the program described in the preceding clause (a), to verify the Borrower’s compliance with various requirements of this Regulatory Agreement. “Gross Income” means the gross income of a person (together with the gross income of all persons who intend to reside with such person in one residential unit) as calculated in the manner prescribed in under section 8 of the Housing Act. -4- “Housing Law” or “Housing Act” means the United States Housing Act of 1937, as amended, or its successor. “Income Certification” means a Tenant Income Certification and a Tenant Income Certification Questionnaire in the form attached as Exhibit B hereto or in such other comparable form as may be provided by the Issuer to the Borrower, or as otherwise approved by the Issuer. “Inducement Date” means September 24, 2019, being the date on which the Board of Supervisors of the Issuer adopted Resolution No. 2019/567, expressing the Issuer’s intent to issue the Bonds to provide financing for the Project. “Issuer Annual Fee” means: for the period from the Closing Date to but not including March 1, 2021, an amount equal to one-eighth of one percent (1/8%) of the maximum principal amount of the Bonds; and, thereafter, on each March 1 during the remainder of the Compliance Period, commencing March 1, 2021, an amount equal to the greater of (a) one-eighth of one percent of the then outstanding principal amount of the Bonds, or (b) $5,000.00. “Issuer Issuance Fee” means an amount equal to one-eighth of one percent (1/8%) of the maximum principal amount of the Bonds. “Low Income Tenant” means a tenant occupying a Low Income Unit. “Low Income Unit” means any Available Unit if the aggregate Gross Income of all tenants therein does not exceed limits determined in a manner consistent with determinations of “low-income families” under Section 8 of the Housing Act, provided that the percentage of median gross income that qualifies as low income hereunder shall be sixty percent (60%) of median gross income for the Area, with adjustments for family size. A unit occupied by one or more students shall only constitute a Low Income Unit if such students meet the requirements of Section 142(d)(2)(C) of the Code. The determination of an Available Unit’s status as a Low Income Unit shall be made by the Borrower upon commencement of each lease term with respect to such unit, and annually thereafter, on the basis of an Income Certification executed by each tenant. “Manager” means a property manager meeting the requirements of Section 28 hereof. _______________ is the initial Manager. “1998 Bonds” has the meaning given to such term in the first Recital to this Regulatory Agreement. “Project” means the 87 units of rental housing located on the site described in Exhibit A hereto, consisting of those facilities, including a fee interest in the real property, structures, buildings, fixtures or equipment situated thereon, as it may at any time exist, the rehabilitation of which facilities is to be financed, in whole or in part, from the proceeds of the Loans or the proceeds of any payment by the Borrower pursuant to the Loan Agreement, and any real property, structures, buildings, fixtures or equipment acquired in substitution for, as a renewal or replacement of, or a modification or improvement to, all or any part of the facilities described in the Loan Agreement. “Project Costs” means, to the extent authorized by the Act, any and all costs and expenses incurred by the Borrower with respect to the acquisition, financing, rehabilitation and/or operation of the Project, whether paid or incurred prior to or after the Closing Date, including, without limitation, costs for the acquisition of property, the cost of consultant, accounting and legal services, appraisal costs, other expenses necessary or incident to the -5- acquisition and rehabilitation of the Project, and administrative expenses, and interest on the Loans. “Qualified Project Costs” means Project Costs that meet each of the following requirements: (i) the costs are properly chargeable to capital account (or would be so chargeable with a proper election by the Borrower or but for a proper election by the Borrower to deduct such costs) in accordance with general Federal income tax principles and in accordance with United States Treasury Regulations §1.103-8(a)(1), provided, however, that only such portion of interest accrued during rehabilitation of the Project shall be eligible to be a Qualified Project Cost as is so capitalizable and as bears the same ratio to all such interest as the Qualified Project Costs bear to all Project Costs; and provided further that interest accruing after the date of completion of the rehabilitation of the Project shall not be a Qualified Project Cost; and provided still further that if any portion of any of the Project is being rehabilitated by an Affiliated Party (whether as a general contractor or a subcontractor), Qualified Project Costs shall include only (A) the actual out-of-pocket costs incurred by such Affiliated Party in rehabilitating the Project (or any portion thereof), (B) any reasonable fees for supervisory services actually rendered by the Affiliated Party, and (C) any overhead expenses incurred by the Affiliated Party which are directly attributable to the work performed on the Project, and shall not include, for example, intercompany profits resulting from members of an affiliated group (within the meaning of Section 1504 of the Code) participating in the rehabilitation of the Project or payments received by such Affiliated Party due to early completion of the rehabilitation of the Project; (ii) the costs are paid with respect to a qualified residential rental project within the meaning of Section 142(d) of the Code, (iii) the costs are paid after the earlier of 60 days prior to the Inducement Date or the Closing Date, and (iv) if the Project Costs were previously paid and are to be reimbursed with proceeds of the Loans or the Bonds, such costs were (A) costs of issuance of the Bonds, (B) preliminary capital expenditures (within the meaning of United States Treasury Regulations §1.139-2(f)(2)) with respect to the Project (such as architectural, engineering and soil testing services) incurred before commencement of the rehabilitation of the Project that do not exceed twenty percent (20%) of the issue price of the Bonds (as defined in United States Treasury Regulations §1.148-1), or (C) were capital expenditures with respect to the Project that are reimbursed no later than eighteen (18) months after the later of the date the expenditure was paid or the date the Project is placed in service (but no later than three (3) years after the expenditure is paid). Notwithstanding the foregoing, “Qualified Project Costs” shall not include costs related to the rehabilitation of any office or commercial space located on the site on which the Project is located. “Qualified Project Period” means the period beginning on the Closing Date and ending on the later of the following: (a) the date that is fifteen (15) years after the date on which at least fifty percent (50%) of the units in the Project are first occupied; (b) the first date on which no Tax-Exempt private activity bonds with respect to the Project are Outstanding; or (c) the date on which any assistance provided with respect to any of the Project under Section 8 of the Housing Act terminates; provided, however, that if at least 10% of the residential units in the Project are Available Units at all times within 60 days after the later of (1) the date the Project is acquired by the Borrower, or (2) the issue date of the Bonds, then the Qualified Project Period shall begin on the date one year after the issue date of the Bonds and end on the later of (A) the date that is fifteen (15) years after such date or (B) the later of the dates specified in the foregoing clauses (a), (b) and (c) above. “Regulations” means the Income Tax Regulations of the Department of the Treasury applicable under the Code from time to time. “Regulatory Agreement” means this Regulatory Agreement and Declaration of Restrictive Covenants, as it may be supplemented and amended from time to time. -6- “Rental Payments” means the rental payments paid by the occupant of a unit, excluding any supplemental rental assistance to the occupant from the State, the federal government, or any other public agency, but including any mandatory fees or charges imposed on the occupant by the Borrower as a condition of occupancy of the unit. “Tax-Exempt” means with respect to interest on any obligations of a state or local government, including the Bonds, that such interest is excluded from gross income for federal income tax purposes; provided, however, that such interest may be includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating other tax liabilities, including any alternative minimum tax or environmental tax, under the Code. “Transfer” means the conveyance, assignment, sale or other disposition of all or any portion of the Project; and shall also include, without limitation to the foregoing, the following: (a) an installment sales agreement wherein Borrower agrees to sell the Project or any part thereof for a price to be paid in installments; and (b) an agreement by the Borrower leasing all or a substantial part of the Project to one or more persons or entities pursuant to a single or related transactions. Unless the context clearly requires otherwise, as used in this Regulatory Agreement, words of any gender shall be construed to include each other gender when appropriate and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Regulatory Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. The titles and headings of the sections of this Regulatory Agreement have been inserted for convenience of reference only, and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this Regulatory Agreement or any provisions hereof or in ascertaining intent, if any question of intent shall arise. The parties to this Regulatory Agreement acknowledge that each party and their respective counsel have participated in the drafting and revision of this Regulatory Agreement. Accordingly, the parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Regulatory Agreement or any supplement or exhibit hereto. Section 2. Representations, Covenants and Warranties of the Borrower. (a) The statements made in the various certificates delivered by the Borrower to the Issuer or the Bondowner Representative on the Closing Date are true and correct. (b) The Borrower (and any person related to it within the meaning of Section 147(a)(2) of the Code) will not take or omit to take, as is applicable, any action if such action or omission would in any way cause the proceeds of the Loans to be applied in a manner contrary to the requirements of the Loan Agreement or this Regulatory Agreement. (c) The Borrower will not take or permit, or omit to take or cause to be taken, as is appropriate, any action that would adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Bonds, or the exemption from California personal income taxation of the interest on the Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof. -7- (d) The Borrower will take such action or actions as may be necessary, in the written opinion of Bond Counsel filed with the Issuer, the Bondowner Representative and the Borrower, to comply fully with the Act, the Code and all applicable rules, rulings, policies, procedures, Regulations or other official statements promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service to the extent necessary to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds. (e) The acquisition by the Borrower of an interest in the site on which the Project is located and the commencement of the rehabilitation of the Project occurred after the date which was 60 days prior to the Inducement Date. The Borrower has incurred a substantial binding obligation to expend proceeds of the Loans pursuant to which the Borrower is obligated to expend at least five percent (5%) of the maximum principal amount of the Loans. (f) The Borrower will proceed with due diligence to complete the rehabilitation of the Project and the full expenditure of the proceeds of the Loans. The Borrower reasonably expects to complete the rehabilitation of the Project and to expend the full maximum principal amount of the Loans by ____________, ____. (g) The Borrower’s reasonable expectations respecting the total expenditure of the proceeds of the Loans have been accurately set forth in a certificate of the Borrower delivered to the Issuer on the Closing Date. At all times, the aggregate disbursements of the proceeds of the Loans will have been applied to pay or to reimburse the Borrower for the payment of Qualified Project Costs in an amount equal to ninety-seven percent (97%) or more of such disbursements, and less than twenty-five percent (25%) of such disbursements shall have been used to pay for the acquisition of land or an interest therein. (h) The Borrower agrees to obtain a written report from an independent firm with experience in calculating excess investment earnings for purposes of Section 148(f) of the Code, not less than once on or about each five year anniversary of the Closing Date and within thirty (30) days of the date the Bonds have been paid in full, determining that either (i) no excess investment earnings subject to rebate to the federal government under Section 148(f) of the Code have arisen with respect to the Bonds in the prior five-year period (or, with respect to the final such report following the repayment of the Bonds, have arisen since the last five-year report); or (ii) excess investment earnings have so arisen during the prior five-year period (or, with respect to the final such report following the repayment of the Bonds, have arisen since the last five-year report), and specifying the amount thereof that needs to be rebated to the federal government and the date by which such amount needs to be so rebated. The Borrower shall provide a copy of each report prepared in accordance with the preceding sentence to the Issuer, each time within one week of its receipt of the same from the independent firm that prepared the respective report. (i) As soon as practicable after the Completion Date of the Project and the Other Project, the Borrower shall deliver to the Issuer, the Trustee and the Bondowner Representative a duly executed Completion Certificate. (j) The Borrower acknowledges that the Issuer may appoint an Administrator other than the Issuer to administer this Regulatory Agreement and to monitor performance by the Borrower of the terms, provisions and requirements hereof. In such event, the Borrower shall comply with any reasonable request by the Issuer or the Administrator to deliver to any such Administrator, in addition to or instead of the Issuer, any reports, notices or other documents required to be delivered pursuant hereto, and to make the Project and the books and records with respect thereto available for inspection by the Administrator as an agent of the Issuer. -8- (k) The Borrower agrees to expend towards the rehabilitation of the Project (such expenditures to constitute “rehabilitation expenditures” as defined in Section 147(d) of the Code), within two (2) years of the Closing Date, an amount at least equal to fifteen percent (15%) of the proceeds of the Loans used to acquire the buildings (and equipment) comprising the Project. (l) Money on deposit in any fund or account in connection with the Bonds or the Loans, whether or not such money was derived from other sources, shall not be used by or under the direction of the Borrower, in a manner which would cause the Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code, and the Borrower specifically agrees that the investment of money in any such fund shall be restricted as may be necessary to prevent the Bonds from being “arbitrage bonds” under the Code. (m) All of the proceeds of the Bonds and the Loans and earnings from the investment of such proceeds will be used to pay Project Costs; and no more than two percent (2%) of the proceeds of the Bonds will be used to pay issuance costs of the Bonds, within the meaning of Section 147(g) of the Code. (n) No portion of the proceeds of the Loans shall be used to provide any airplane, skybox or other private luxury box, health club facility, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. No proceeds of the Loans shall be used for an office unless the office is located on the premises of the facilities constituting the Project and unless not more than a de minimis amount of the functions to be performed at such office is not related to the day-to-day operations of the Project. (o) In accordance with Section 147(b) of the Code, the average maturity of the Bonds does not exceed 120% of the average reasonably expected remaining economic life of the facilities being financed by the Bonds. (p) The Borrower shall comply with all applicable requirements of Section 65863.10 of the California Government Code pertaining to the Project, including the requirements for providing notices in Sections (b), (c), (d) and (e) thereof, and with all applicable requirements of Section 65863.11 of the California Government Code pertaining to the Project. (q) The Borrower shall pay all of the Issuance Costs. (r) The Borrower hereby incorporates herein, as if set forth in full herein, each of the representations, covenants and warranties of the Borrower contained in the Tax Certificate and the Loan Agreement relating to the Project. (s) The Borrower hereby represents and warrants that the Project is located entirely within the unincorporated area of the County. (t) The Borrower agrees to comply with the provisions of Section 7.33 of the Loan Agreement, as in effect on the Closing Date. (u) The Borrower acknowledges, represents and warrants that it understands the nature and structure of the transactions contemplated by this Regulatory Agreement; that it is familiar with the provisions of all of the documents and instruments relating to the Bonds and the Loans to which it is a party or of which it is a beneficiary; that it understands the financial and legal risks inherent in such transactions; and that it has not relied on the Issuer for any guidance or -9- expertise in analyzing the financial or other consequences of such financing transactions or otherwise relied on the Issuer in any manner except to issue the Bonds in order to provide funds to assist the Borrower in rehabilitating the Project. Section 3. Qualified Residential Rental Project. The Borrower hereby acknowledges and agrees that the Project is to be owned, managed and operated as a “residential rental project” (within the meaning of Section 142(d) of the Code) for a term equal to the Compliance Period. To that end, and for the term of this Regulatory Agreement, the Borrower hereby represents, covenants, warrants and agrees as follows: (a) The Project will be rehabilitated and operated for the purpose of providing multifamily residential rental property. The Borrower will own, manage and operate the Project as a project to provide multifamily residential rental property comprised of a building or structure or several interrelated buildings or structures, together with any functionally related and subordinate facilities, and no other facilities, in accordance with Section 142(d) of the Code, Section 1.103-8(b) of the Regulations and the provisions of the Act, and in accordance with such requirements as may be imposed thereby on the Project from time to time. (b) All of the dwelling units in the Project (except for not more than one unit set aside for a resident manager or other administrative use) are similarly constructed units, and each dwelling unit in the Project contains complete separate and distinct facilities for living, sleeping, eating, cooking and sanitation for a single person or a family, including a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. (c) None of the dwelling units in the Project will at any time be utilized on a transient basis or rented for a period of less than 30 consecutive days, or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or park; provided that the use of certain units for tenant guests on an intermittent basis shall not be considered transient use for purposes of this Regulatory Agreement. (d) No part of the Project will at any time during the Compliance Period be owned by a cooperative housing corporation, nor shall the Borrower take any steps in connection with a conversion to such ownership or use, and the Borrower will not take any steps in connection with a conversion of the Project to condominium ownership during the Compliance Period (except that the Borrower may obtain final map approval and the Final Subdivision Public Report from the California Department of Real Estate and may file a condominium plan with the County). (e) All of the Available Units in the Project will be available for rental during the period beginning on the date hereof and ending on the termination of the Compliance Period on a continuous, “first-come, first-served” basis to members of the general public, and the Borrower will not give preference to any particular class or group in renting the dwelling units in the Project, except (i) not more than one unit may be set aside for a resident manager or other administrative use, or (ii) to the extent that dwelling units are required to be leased or rented in such a manner that they constitute Low Income Units or otherwise as necessary to comply with Section 6(a), (b) and (c), (iii) to the extent required under any “extended low-income housing commitment” (an “Extended Use Agreement”) applicable to the Project, (iv) to the extent required by the provisions of any documents related to the provision of State or federal low income housing tax -10- credits for the Project, or (v) to the extent required under any of the Subordinate Loan Documents (as defined in the Loan Agreement). (f) The Project site consists of a parcel or parcels that are contiguous except for the interposition of a road, street or stream, and all of the facilities of the Project comprise a single geographically and functionally integrated project for residential rental property, as evidenced by the ownership, management, accounting and operation of the Project. (g) The Borrower shall not discriminate on the basis of race, creed, color, sex, source of income (e.g. AFDC, SSI), physical disability, age, national origin or marital status in the rental, lease, use or occupancy of the Project or in connection with the employment or application for employment of persons for the operation and management of the Project. (h) No dwelling unit in the Project shall be occupied by the Borrower. Notwithstanding the foregoing, if the Project contains five or more dwelling units, this paragraph shall not be construed to prohibit occupancy of dwelling units by one or more resident managers or maintenance personnel any of whom may be the Borrower; provided that the number of such managers or maintenance personnel is not unreasonable given industry standards in the area for the number of dwelling units in the Project. (i) The Borrower will not sell dwelling units within the Project. (j) Should involuntary noncompliance with the provisions of Section 1.103-8(b) of the Regulations be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu of foreclosure, change in a federal law or an action of a federal agency after the Closing Date which prevents the Issuer from enforcing the requirements of the Regulations as applicable to the Project, or condemnation or similar event, the Borrower covenants that, within a “reasonable period” determined in accordance with the applicable Regulations, it will either prepay the Loans or, if permitted under the provisions of the Loan Agreement, apply any proceeds received as a result of any of the preceding events to rehabilitate the Project to meet the requirements of Section 142(d) of the Code and the applicable Regulations. (k) During the Qualified Project Period, the Borrower shall submit a completed Internal Revenue Code Form 8703 or such other annual certification as required by the Code with respect to the Project to the Secretary of the Treasury on or before March 31 of each year (or such other date as may be required by the Code). The Issuer hereby elects to have the Project meet the requirements of Section 142(d)(1)(B) of the Code. Section 4. Low Income Tenants; Reporting Requirements. Pursuant to the requirements of the Code, the Borrower hereby represents, warrants and covenants as follows: (a) During the Compliance Period, no less than forty percent (40%) of the total number of completed units in the Project shall at all times be Low Income Units. For the purposes of this paragraph (a), a vacant unit that was most recently a Low Income Unit is treated as a Low Income Unit until reoccupied, other than for a temporary period of not more than 31 days, at which time the character of such unit shall be redetermined. -11- Notwithstanding the foregoing provisions of this Section 4(a), the Borrower shall not be in default under such requirements so long as (i) the Borrower uses its best efforts to comply with such requirements as soon as practicable following the Closing Date, and (ii) any unit which becomes available for rental following the Closing Date becomes a Low Income Unit as necessary to satisfy the requirements of Section 4(a). In no event, however, shall the Borrower fail to comply with the foregoing provisions of this Section 4(a) of this Regulatory Agreement by March 1, 2021. In addition to the foregoing, the Borrower shall comply with the “Other Restricted Units” requirements of Section 15 b. of Exhibit A to the CDLAC Resolution, as required by Section 29(a), including the tenant income restrictions referenced after Section 8 of Exhibit A to the CDLAC Resolution. (b) No tenant qualifying as a Low Income Tenant upon initial occupancy shall be denied continued occupancy of a unit in the Project because, after admission, the aggregate Gross Income of all tenants in the unit occupied by such Low Income Tenant increases to exceed the qualifying limit for a Low Income Unit. However, should the aggregate Gross Income of tenants in a Low Income Unit, as of the most recent determination thereof, exceed one hundred forty percent (140%) of the applicable income limit for a Low Income Unit occupied by the same number of tenants, the next available unit of comparable or smaller size must be rented to (or held vacant and available for immediate occupancy by) Low Income Tenant(s). The unit occupied by such tenants whose aggregate Gross Income exceeds such applicable income limit shall continue to be treated as a Low Income Unit for purposes of the 40% requirement of Section 4(a) hereof unless and until an Available Unit of comparable or smaller size is rented to persons other than Low Income Tenants. (c) For the Compliance Period, the Borrower will obtain, complete and maintain on file Income Certifications for each Low Income Tenant, including (i) an Income Certification dated immediately prior to the initial occupancy of such Low Income Tenant in the unit and a second Income Certification dated one year after the Low- Income Tenant’s initial move-in date, and (ii) thereafter, an annual Income Certification with respect to each Low Income Tenant. In lieu of obtaining the annual Income Certifications required by clause (ii) of the preceding sentence, the Borrower may, with respect to any particular twelve-month period ending each February 1, deliver to the Administrator no later than fifteen days after such date a certification that as of each February 1, no residential unit in the Project was occupied within the preceding twelve months by a new resident whose income exceeded the limit applicable to Low Income Tenants upon admission to the Project. The Administrator may at any time and in its sole and absolute discretion notify the Borrower in writing that it will no longer accept certifications of the Borrower made pursuant to the preceding sentence and that the Borrower will thereafter be required to obtain annual Income Certifications for tenants. The Borrower will also provide such additional information as may be required in the future by the Code, the State or the Issuer, as the same may be amended from time to time, or in such other form and manner as may be required by applicable rules, rulings, policies, procedures, Regulations or other official statements now or hereafter promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service with respect to Tax-Exempt obligations. Upon request of the Administrator or the Issuer, copies of Income Certifications for Low Income Tenants commencing or continuing occupation of a Low Income Unit shall be submitted to the Administrator or the Issuer, as requested. -12- (d) The Borrower shall make a good faith effort to verify that the income information provided by an applicant in an Income Certification is accurate by taking one or more of the following steps as a part of the verification process: (1) obtain pay stubs for the three most recent pay periods, (2) obtain an income tax return for the most recent tax year, (3) obtain a credit report or conduct a similar type credit search, (4) obtain an income verification from the applicant’s current employer, (5) obtain an income verification from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (6) if the applicant is unemployed and does not have an income tax return, obtain another form of independent verification reasonably acceptable to the Issuer. (e) The Borrower will maintain complete and accurate records pertaining to the Low Income Units, and will permit any duly authorized representative of the Issuer, the Department of the Treasury or the Internal Revenue Service to inspect the books and records of the Borrower pertaining to the Project, including those records pertaining to the occupancy of the Low Income Units. (f) The Borrower will prepare and submit to the Administrator, on behalf of the Issuer, not less than semi-annually, commencing not less than six months after the Closing Date, a Certificate of Continuing Program Compliance executed by the Borrower in substantially the form attached hereto as Exhibit C. During the Compliance Period, the Borrower shall submit a completed Internal Revenue Code Form 8703 or such other annual certification as required by the Code with respect to the Project, to the Secretary of the Treasury on or before March 31 of each year (or such other date as may be required by the Code). (g) For the Compliance Period, all tenant leases or rental agreements shall be subordinate to this Regulatory Agreement and the Deed of Trust. All leases pertaining to Low Income Units shall contain clauses, among others, wherein each tenant who occupies a Low Income Unit: (i) certifies the accuracy of the statements made by such tenant in the Income Certification; (ii) agrees that the family income and other eligibility requirements shall be deemed substantial and material obligations of the tenancy of such tenant, that such tenant will comply promptly with all requests for information with respect thereto from the Borrower, the Issuer or the Administrator on behalf of the Issuer, and that the failure to provide accurate information in the Income Certification or refusal to comply with a request for information with respect thereto shall be deemed a violation of a substantial obligation of the tenancy of such tenant; (iii) acknowledges that the Borrower has relied on the statements made by such tenant in the Income Certification and supporting information supplied by the Low Income Tenant in determining qualification for occupancy of a Low Income Unit, and that any material misstatement in such certification (whether or not intentional) will be cause for immediate termination of such lease or rental agreement; and (iv) agrees that the tenant’s income is subject to annual certification in accordance with Section 4(c) and that if upon any such certification the aggregate Gross Income of tenants in such unit exceeds the applicable income limit under Section 4(b), the unit occupied by such tenant may cease to qualify as a Low Income Unit and such unit’s rent may be subject to increase. For purposes of this Section 4, no unit occupied by a residential manager shall be treated as a rental unit during the time of such occupation. -13- Section 5. Tax-Exempt Status of the Bonds. The Borrower and the Issuer, as applicable, each hereby represents, warrants and agrees as follows: (a) The Borrower and the Issuer will not knowingly take or permit, or omit to take or cause to be taken, as is appropriate, any action that would adversely affect the Tax-Exempt nature of the interest on the Bonds and, if either of them should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof. (b) The Borrower and the Issuer will file of record such documents and take such other steps as are necessary, in the written opinion of Bond Counsel filed with the Issuer (with a copy to the Borrower), in order to insure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project, including, but not limited to, the execution and recordation of this Regulatory Agreement in the real property records of the County. Section 6. Requirements of the Act. In addition to the other requirements set forth herein, the Borrower hereby agrees that it shall comply with each of the requirements of the Act, including the following: (a) As provided in Section 52080(a)(1)(A) of the Act, twenty percent (20%) or more of the completed residential units in the Project shall be occupied by, or held vacant and available for occupancy by, individuals whose income is 50 percent or less of area median income, within the meaning of Section 52080(a)(1)(A) of the Act (it being acknowledged that units required to be set aside for Low Income Tenants pursuant to Section 4(a) may be counted for purposes of satisfying the requirements of this Section 6(a) if the related Low Income Tenants otherwise satisfy the requirements of this Section 6(a)). (b) The rental payments paid by the occupants of the units described in paragraph (a) of this Section (excluding any supplemental rental assistance from the state, the federal government, or any other public agency to those occupants or on behalf of those units) shall not exceed thirty percent of fifty percent of area median income. (c) The Borrower shall accept as tenants, on the same basis as all other prospective tenants, Low Income Tenants who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing program under Section 8 of the Housing Law. The selection criteria applied to certificate holders under Section 8 of the Housing Law shall not be more burdensome than the criteria applied to all other prospective tenants. (d) The Borrower shall ensure that units occupied as required by paragraph (a) of this Section are of comparable quality and offer a range of sizes and number of bedrooms comparable to those units which are available to other tenants. (e) As provided in Section 52080(e) of the Act, the Project may be syndicated after prior written approval of the Issuer. The Issuer shall grant that approval only after it determines that the terms and conditions of the syndication (1) shall not reduce or limit any of the requirements of the Act or regulations adopted or documents executed pursuant to the Act, (2) shall not cause any of the requirements in this Agreement to be subordinated to the syndication agreement, or (3) shall not result in the provision of fewer assisted units, or the reduction of any benefits or services, than were in existence -14- prior to the syndication agreement. The Issuer hereby acknowledges that this Section 6(e) does not apply to any syndication of federal tax credits for the Project. (f) Following the expiration or termination of the Qualified Project Period, except in the event of foreclosure and redemption of the Bonds, deed in lieu of foreclosure, eminent domain, or action of a federal agency preventing enforcement, units required to be reserved for occupancy pursuant to Section 6(a) shall remain available to any eligible household occupying a reserved unit at the date of such expiration or termination, at a rent not greater than the amount required by Section 6(b), until the earliest of any of the following occur: (1) The household’s income exceeds 140 percent of the maximum eligible income specified in Section 6(a). (2) The household voluntarily moves or is evicted for “good cause.” “Good cause” for the purposes of this section means the nonpayment of rent or allegation of facts necessary to prove major, or repeated minor, violations of material provisions of the occupancy agreement which detrimentally affect the health, safety, occupancy or quiet enjoyment of other persons or the structure, the fiscal integrity of the Project or the purposes or special programs of the Project. (3) Thirty years after the date of commencement of the Qualified Project Period. (4) The Borrower pays the relocation assistance and benefits to tenants as provided in subdivision (b) of Section 7264 of the California Government Code. (g) Except in the event of foreclosure and redemption of the Bonds, deed in lieu of foreclosure, eminent domain, or action of a federal agency preventing enforcement, during the three years prior to expiration of the Qualified Project Period, the Borrower shall continue to make available to eligible households reserved units that have been vacated to the same extent that nonreserved units are made available to noneligible households. (h) This Section shall not be construed to require the Issuer to monitor the Borrower’s compliance with the provisions of paragraph (f), or that the Issuer shall have any liability whatsoever in the event of the failure by the Borrower to comply with any of the provisions of this Agreement. (i) The covenants and conditions of this Regulatory Agreement shall be binding upon successors in interest of the Borrower. (j) This Regulatory Agreement shall be recorded in the office of the county recorder of the County, and shall be recorded in the grantor-grantee index to the names of the Borrower as grantor and to the name of the Issuer as grantee. Section 7. Requirements of the Issuer. In addition to other requirements set forth herein and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, the Borrower hereby agrees to comply with each of the requirements of the Issuer set forth in this Section 7, as follows: -15- (a) All tenant lists, applications and waiting lists relating to the Project shall at all times be kept separate and identifiable from any other business of the Borrower and shall be maintained as required by the Issuer, in a reasonable condition for proper audit and subject to examination upon reasonable notice (which need not be in excess of three Business Days, as defined in the Indenture) and during business hours by representatives of the Issuer. (b) The Borrower shall not discriminate on the basis of race, creed, color, religion, sex, sexual orientation, marital status, national origin, source of income (e.g. AFDC and SSI), ancestry or handicap in the lease, use or occupancy of the Project (except as required to comply with Section 3(e)(iii), (iv) or (v)), or in connection with the employment or application for employment of persons for the construction, operation, or management of the Project. (c) The Borrower shall not, at initial occupancy, permit occupancy in any unit in the Project by more than (i) two persons per bedroom in the unit, plus (ii) one person; and the Borrower shall at all times offer for rent the largest unit then available for the applicable household size (being one bedroom units for 2-3 person households, and two bedroom units for 4-5 person households). The foregoing, however, shall not apply to one unit in the Project occupied by a resident manager or managers. (d) The Borrower shall pay directly to the Issuer (i) on the Closing Date the Issuer Issuance Fee and the Issuer Annual Fee for the period from the Closing Date to but not including March 1, 2021, and (ii) on each March 1, on and after March 1, 2021, the Issuer Annual Fee; without in either case any requirement for notice or billing of the amount due. In addition, the Borrower shall pay to the Issuer promptly following receipt of an invoice that reasonably identifies the relevant expenses and the amounts thereof, any out of pocket expenses incurred by the Issuer in connection with the Bonds, the Indenture, this Regulatory Agreement or the Loan Agreement, including but not limited to any costs related to the FOCUS Program. (e) The rent limits set forth in Sections 6(b) and 6(f) shall apply to all Low Income Units. In addition, the rental payments paid by Low Income Tenants for the Low Income Units shall not exceed Affordable Rents. (f) The Borrower will accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the Act, or its successor. The Borrower shall not apply selection criteria to Section 8 certificate or voucher holders that is more burdensome than criteria applied to all other prospective tenants, nor shall the Borrower apply or permit the application of management policies or lease provisions with respect to the Project which have the effect of precluding occupancy of units by such prospective tenants. (g) The Borrower shall submit to the Issuer: (i) rent rolls and other information required by the FOCUS Program on a quarterly basis, and (ii) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the Issuer in order to comply with reporting requirements of the Internal Revenue Service or the State. -16- (h) The Borrower shall indemnify the Issuer as provided in Section 9 hereof and Section 5.19 of the Loan Agreement. (i) The Issuer may, at its option and at its expense, at any time appoint an Administrator to administer this Agreement or any provision hereof and to monitor performance by the Borrower of all or of any of the terms, provisions and requirements hereof. Following any such appointment, the Borrower shall comply with any request by the Issuer to deliver to such Administrator, in addition to or instead of the Issuer, any reports, notices or other documents required to be delivered pursuant hereto, and to make the Project and the books and records with respect thereto available for inspection by such administrator as an agent of the Issuer. (j) The Borrower shall submit its written management policies with respect to the Project, if any, to the Issuer for its review, and shall amend such policies in any way necessary to insure that such policies comply with the provisions of this Regulatory Agreement and the requirements of the existing program under Section 8 of the Housing Law, or its successors. The Borrower shall not promulgate management policies which conflict with the provisions of the addendum to the form of lease for the Project prepared by the Housing Authority of Contra Costa County, and shall attach such addendum to leases for tenants which are holders of Section 8 certificates. (k) The Borrower shall screen and select tenants for desirability and creditworthiness at its discretion; provided, however, that the Borrower shall consider a prospective tenant’s rent history for at least the one year period prior to application as evidence of the tenant’s ability to pay the applicable rent. (l) At least six months prior to the expiration of the Qualified Project Period the Borrower shall provide by first-class mail, postage prepaid, a notice to all tenants in the Low Income Units containing (i) the anticipated date of the expiration of the Qualified Project Period, (ii) any anticipated rent increase upon the expiration of the Qualified Project Period, (iii) a statement that a copy of such notice will be sent to the Issuer, and (iv) a statement that a public hearing may be held by the Issuer on the issue and that the tenant will receive notice of the hearing at least fifteen (15) days in advance of any such hearing. The Borrower shall also file a copy of the above-described notice with the Community Development Bond Program Manager of the Department of Conservation and Development of the Issuer. (m) Notwithstanding Section 1461 of the Civil Code, the provisions of this Section shall run with land and may be enforced either in law or in equity by any resident, local agency, entity, or by any other person adversely affected by the Borrower’s failure to comply with the provisions of this Section. (n) The Borrower shall not participate in any refunding of the Bonds or the Loan by means of the issuance of bonds or other obligations by any governmental body other than the Issuer. -17- (o) Each of the requirements of Sections 3, 4 and 6 hereof is hereby incorporated as a specific requirement of the Issuer, whether or not required by California or federal law. (p) The requirements of Section 7 shall be in effect for the Compliance Period. Any of the foregoing requirements of the Issuer contained in this Section 7 may be expressly waived by the Issuer in writing, but (i) no waiver by the Issuer of any requirement of this Section 7 shall, or shall be deemed to, extend to or affect any other provision of this Regulatory Agreement except to the extent the Issuer has received an opinion of Bond Counsel that any such provision is not required by the Act and may be waived without adversely affecting the exclusion from gross income of interest on the Bonds for federal income tax purposes; and (ii) any requirement of this Section 7 shall be void and of no force and effect if the Issuer and the Borrower receive a written opinion of Bond Counsel to the effect that compliance with any such requirement would cause interest on the Bonds to cease to be Tax-Exempt or to the effect that compliance with such requirement would be in conflict with the Act or any other State or federal law. Section 8. Modification of Covenants. The Borrower and the Issuer hereby agree as follows: (a) To the extent any amendments to the Act, the Regulations or the Code shall, in the written opinion of Bond Counsel filed with the Issuer, the Bondowner Representative and the Borrower, retroactively impose requirements upon the ownership or operation of the Project more restrictive than those imposed by this Regulatory Agreement, and if such requirements are applicable to the Project and compliance therewith is necessary to maintain the validity of, or the Tax-Exempt status of interest on the Bonds, this Regulatory Agreement shall be deemed to be automatically amended to impose such additional or more restrictive requirements. (b) To the extent that the Act, the Regulations or the Code, or any amendments thereto, shall, in the written opinion of Bond Counsel filed with the Issuer, the Bondowner Representative and the Borrower, impose requirements upon the ownership or operation of the Project less restrictive than imposed by this Regulatory Agreement, this Regulatory Agreement may be amended or modified to provide such less restrictive requirements but only by written amendment signed by the Issuer, at its sole discretion, and the Borrower, and with the prior written consent of the Bondowner Representative, and only upon receipt by the Issuer of the written opinion of Bond Counsel to the effect that such amendment will not affect the Tax-Exempt status of interest on the Bonds or violate the requirements of the Act, and otherwise in accordance with Section 22 hereof. (c) The Borrower and the Issuer shall execute, deliver and, if applicable, file of record any and all documents and instruments necessary to effectuate the intent of this Section 8, and each of the Borrower and the Issuer hereby appoints the Bondowner Representative as its true and lawful attorney-in-fact to execute, deliver and, if applicable, file of record on behalf of the Borrower or the Issuer, as is applicable, any such document or instrument (in such form as may be approved in writing by Bond Counsel) if either the Borrower or the Issuer defaults in the performance of its obligations under this subsection (c); provided, however, that unless directed in writing by the Issuer or the Borrower, the Bondowner Representative shall take no action under this subsection without first notifying the Borrower or the Issuer, or both of them, as is applicable, in writing and without first providing the Borrower or the Issuer, or both, as -18- is applicable, an opportunity to comply with the requirements of this Section 8. Nothing in this subsection (c) shall be construed to allow the Bondowner Representative to execute an amendment to this Regulatory Agreement on behalf of the Issuer or the Borrower. Notwithstanding any other provision of this Regulatory Agreement, whenever an opinion of counsel is required or requested to be delivered hereunder after the Closing Date, the Bondowner Representative, the Issuer and the Borrower shall accept (unless otherwise directed in writing by the Issuer) an opinion of counsel in such form and with such disclaimers as may be required so that such opinion will not be treated as a “covered opinion” for purposes of the Treasury Department regulations governing practice before the Internal Revenue Service (Circular 230), 31 CFR Part 10. Section 9. Indemnification; Other Payments. To the fullest extent permitted by law, the Borrower agrees to indemnify, hold harmless and defend the Issuer, the Bondowner Representative and each of their respective past, present and future officers, Supervisors, directors, officials, employees, attorneys and agents (collectively, the “Indemnified Parties”), against any and all losses, damages, claims, actions, liabilities, costs and expenses of any conceivable nature, kind or character (including, without limitation, reasonable attorneys’ fees, litigation and court costs, amounts paid in settlement and amounts paid to discharge judgments) to which the Indemnified Parties, or any of them, may become subject under or any statutory law (including federal or state securities laws) or at common law or otherwise, arising out of or based upon or in any way relating to: (i) the Bonds, the Indenture, the Loan Agreement, this Regulatory Agreement, or the Tax Certificate and all documents related thereto, or the execution or amendment hereof or thereof or in connection with transactions contemplated hereby or thereby, including the issuance, sale, resale or remarketing of the Bonds; (ii) any act or omission of the Borrower or any of its agents, contractors, servants, employees or licensees in connection with the Loans, the Project, the acquisition, rehabilitation or operation of the Project, or the condition, environmental or otherwise, occupancy, use, possession, conduct or management of work done in or about, or from the planning, design, acquisition, installation and rehabilitation of, the Project or any part thereof; (iii) any lien or charge upon payments by the Borrower to the Issuer and the Bondowner Representative hereunder or under the Loan Agreement, or any taxes (including, without limitation, all ad valorem taxes and sales taxes), assessments, impositions and other charges imposed on the Issuer in respect of any portion of the Project; (iv) any violation of any environmental law, rule or regulation with respect to, or the release of any toxic substance from, the Project or any part thereof; (v) the defeasance and/or redemption, in whole or in part, of the 1998 Bonds or of the Bonds; (vi) any untrue statement or misleading statement or alleged untrue statement or alleged misleading statement of a material fact contained in any offering statement or disclosure document for the Bonds or any of the documents relating to the Bonds, or any omission or alleged omission from any offering statement or disclosure document for the Loans of any material fact necessary to be stated therein in order to make the -19- statements made therein, in the light of the circumstances under which they were made, not misleading; or (vii) any declaration of taxability of interest on the 1998 Bonds or on the Bonds, or allegations (or regulatory inquiry) that interest on the 1998 Bonds or on the Bonds is taxable for federal tax purposes; except to the extent such damages are caused by the willful misconduct of such Indemnified Party. In the event that any action or proceeding is brought against any Indemnified Party with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the Indemnified Party, shall assume the investigation and defense thereof, including the employment of counsel selected by the Indemnified Party, and shall assume the payment of all expenses related thereto, with full power to litigate, compromise or settle the same in its sole discretion; provided that the Indemnified Party shall have the right to review and approve or disapprove any such compromise or settlement. Each Indemnified Party shall have the right to employ separate counsel in any such action or proceeding and participate in the investigation and defense thereof, and the Borrower shall pay the reasonable fees and expenses of such separate counsel; provided, however, that such Indemnified Party may only employ separate counsel at the expense of the Borrower if in the judgment of such Indemnified Party a conflict of interest exists by reason of common representation or if all parties commonly represented do not agree as to the action (or inaction) of counsel. In addition to the foregoing, the Borrower shall pay upon demand all of the fees and expenses paid or incurred by the Issuer in enforcing the provisions hereof. In addition thereto, the Borrower will pay upon demand all of the fees and expenses paid or incurred by the Issuer in enforcing the provisions hereof. The provisions of this Section 9 shall survive the final payment or defeasance of the Bonds and the termination of this Regulatory Agreement; provided, however, the provisions of this Section shall, in the case of the Issuer, survive the term of this Regulatory Agreement, but only as to claims arising from events occurring during the term of this Regulatory Agreement. Nothing contained in this Section 9 shall cause the obligation of the Borrower to pay principal and interest on the Loans or amounts owing with respect to the Notes to be a recourse obligation of the Borrower. The obligations of the Borrower under this Section are independent of any other contractual obligation of the Borrower to provide indemnity to the Issuer or the Bondowner Representative or otherwise, and the obligation of the Borrower to provide indemnity hereunder shall not be interpreted, construed or limited in light of any other separate indemnification obligation of the Borrower. The Issuer and the Bondowner Representative shall be entitled simultaneously to seek indemnity under this Section and any other provision under which it is entitled to indemnity. Section 10. Consideration. The Issuer has agreed to issue the Bonds to provide funds to lend to the Borrower to finance the Project, all for the purpose, among others, of inducing the Borrower to acquire, rehabilitate, develop and operate the Project and the Other Project. In consideration of the issuance of the Bonds by the Issuer, the Borrower has entered into this Regulatory Agreement and has agreed to restrict the uses to which this Project can be put on the terms and conditions set forth herein and therein. Section 11. Reliance. The Issuer and the Borrower hereby recognize and agree that the representations and covenants set forth herein may be relied upon by all persons, including but -20- not limited to the Administrator and the Bondowner Representative, interested in the legality and validity of the Bonds, in the exemption from California personal income taxation of interest on the Bonds and in the Tax-Exempt status of the interest on the Bonds. In performing their duties and obligations hereunder, the Issuer and the Administrator may rely upon statements and certificates of the Low Income Tenants, and upon audits of the books and records of the Borrower pertaining to the Project. In addition, the Issuer may consult with counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Issuer hereunder in good faith and in conformity with such opinion. In determining whether any default or lack of compliance by the Borrower exists under this Regulatory Agreement, the Issuer shall not be required to conduct any investigation into or review of the operations or records of the Borrower and may rely solely on any written notice or certificate delivered to the Issuer by the Borrower with respect to the occurrence or absence of a default. Section 12. Transfer of the Project. For the Compliance Period, the Borrower shall not Transfer the Project, in whole or in part, without the prior written consent of the Issuer, which consent shall not be unreasonably withheld or delayed if the following conditions are satisfied: (A) the receipt by the Issuer of evidence acceptable to the Issuer that (1) the Borrower shall not be in default hereunder or under any of the other Loan Documents in effect, or the transferee undertakes to cure any defaults of the Borrower to the reasonable satisfaction of the Issuer; (2) the continued operation of the Project shall comply with the provisions of this Regulatory Agreement; (3) either (a) the transferee or its Manager has at least three years’ experience in the ownership, operation and management of similar size rental housing projects, and at least one year’s experience in the ownership, operation and management of rental housing projects containing below-market-rate units, without any record of material violations of discrimination restrictions or other state or federal laws or regulations or local governmental requirements applicable to such projects, or (b) the transferee agrees to retain a Manager with the experience and record described in subclause (a) above, or (c) the transferring Borrower or its management company will continue to manage the Project, or another management company reasonably acceptable to the Issuer will manage, for at least one year following such Transfer and, if applicable, during such period the transferring Borrower or its management company will provide training to the transferee and its manager in the responsibilities relating to the Low Income Units; and (4) the person or entity that is to acquire the Project does not have pending against it, and does not have a history of significant and material building code violations or complaints concerning the maintenance, upkeep, operation, and regulatory agreement compliance of any of its projects as identified by any local, state or federal regulatory agencies; (B) the execution by the transferee of a document reasonably acceptable to the Issuer with respect to the assumption of the Borrower’s obligations under this Regulatory Agreement and the other Loan Documents in effect, including without limitation an instrument of assumption hereof and thereof, and delivery to the Issuer of an opinion of such transferee’s counsel to the effect that each such document and this Regulatory Agreement are valid, binding and enforceable obligations of such transferee, subject to bankruptcy and other standard limitations affecting creditor’s rights; (C) receipt by the Issuer of an opinion of Bond Counsel to the effect that any such Transfer will not adversely affect the Tax-Exempt status of interest on the Bonds; (D) receipt by the Issuer of all fees and/or expenses then currently due and payable to the Issuer by the Borrower; (E) receipt by the Issuer of evidence of satisfaction of compliance with the provisions of Section 29(d)(i) related to notice to CDLAC of transfer of the Project; and (F) such other conditions are met as the Issuer may reasonably impose. It is hereby expressly stipulated and agreed that any Transfer of the Project in violation of this Section 12 shall be null, void and without effect, shall cause a reversion of title to the Borrower, and shall be ineffective to relieve the Borrower of its obligations under this Regulatory Agreement. The written consent of the Issuer to any Transfer of the Project shall -21- constitute conclusive evidence that the Transfer is not in violation of this Section 12. Nothing in this Section shall affect any provision of any other document or instrument between the Borrower and any other party which requires the Borrower to satisfy certain conditions or obtain the prior written consent of such other party in order to Transfer the Project. Upon any Transfer that complies with this Regulatory Agreement, the Borrower shall be fully released from its obligations hereunder, but only to the extent such obligations have been fully assumed in writing by the transferee of the Project. The foregoing notwithstanding, the Project may be transferred pursuant to a foreclosure, exercise of power of sale or deed in lieu of foreclosure or comparable conversion under the Deed of Trust without the consent of the Issuer or compliance with the provisions of this Section 12. The Issuer hereby approves the transfer of limited partnership interests in the Borrower to affiliates of the investor limited partner of the Borrower, including, without limitation, the transfer of partnership interests in the Borrower from the investor limited partner and non-managing membership interests in the limited partner of Borrower. For the Compliance Period, the Borrower shall not: (1) encumber any of the Project or grant commercial leases of any part thereof, or permit the conveyance, transfer or encumbrance of any part of the Project, except for (A) encumbrances permitted under the Deed of Trust, or (B) a Transfer in accordance with the terms of this Regulatory Agreement, in each case upon receipt by the Issuer of an opinion of Bond Counsel to the effect that such action will not adversely affect the Tax-Exempt status of interest on the Bonds (provided that such opinion will not be required with respect to any encumbrance, lease or transfer relating to a commercial operation or ancillary facility that will be available for tenant use and is customary to the operation of multifamily housing developments similar to the Project); (2) demolish any part of the Project or substantially subtract from any real or personal property of the Project, except to the extent that what is demolished or removed is replaced with comparable property or such demolition or removal is otherwise permitted by the Loan Agreement or the Deed of Trust; or (3) permit the use of the dwelling accommodations of the Project for any purpose except rental residences. Section 13. Term. This Regulatory Agreement and all and several of the terms hereof shall become effective upon its execution and delivery, and shall remain in full force and effect for the period provided herein and shall terminate as to any provision not otherwise provided with a specific termination date and shall terminate in its entirety at the end of the Compliance Period, it being expressly agreed and understood that the provisions hereof are intended to survive the retirement of the Bonds and discharge of the Loan Agreement. The terms of this Regulatory Agreement to the contrary notwithstanding, the requirements of this Regulatory Agreement shall terminate and be of no further force and effect in the event of involuntary noncompliance with the provisions of this Regulatory Agreement caused by fire or other casualty, seizure, requisition, foreclosure or transfer of title by deed in lieu of foreclosure, change in a federal law or an action of a federal agency after the Closing Date, which prevents the Issuer from enforcing such provisions, or condemnation or a similar event, but only if, within a reasonable period, either the Loans are repaid or amounts received as a consequence of such event are used to provide a project that meets the requirements hereof; provided, however, that the preceding provisions of this sentence shall cease to apply and the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of such provisions as the result of the foreclosure or the delivery of a deed in lieu of foreclosure or a similar event, the Borrower or any related person (within the meaning of Section 1.103-10(e) of the Regulations) obtains an ownership interest in the Project for federal income tax purposes. The Borrower hereby agrees that, following any foreclosure, transfer of title by deed in lieu of -22- foreclosure or similar event, neither the Borrower nor any such related person as described above will obtain an ownership interest in the Project for federal tax purposes. Notwithstanding any other provision of this Regulatory Agreement, this Regulatory Agreement may be terminated upon agreement by the Issuer and the Borrower, with the consent of CDLAC, upon receipt by the Issuer of an opinion of Bond Counsel to the effect that such termination will not adversely affect the exclusion from gross income of interest on the Bonds for federal income tax purposes and is otherwise permitted under the Act. Upon the termination of the terms of this Regulatory Agreement, the parties hereto agree to execute, deliver and record appropriate instruments of release and discharge of the terms hereof; provided, however, that the execution and delivery of such instruments shall not be necessary or a prerequisite to the termination of this Regulatory Agreement in accordance with its terms. Section 14. Covenants to Run With the Land. Notwithstanding Section 1461 of the California Civil Code, the Borrower hereby subjects the Project to the covenants, reservations and restrictions set forth in this Regulatory Agreement. The Issuer and the Borrower hereby declare their express intent that the covenants, reservations and restrictions set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Borrower’s successors in title to the Project; provided, however, that on the termination of this Regulatory Agreement said covenants, reservations and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instruments. Section 15. Burden and Benefit. The Issuer and the Borrower hereby declare their understanding and intent that the burdens of the covenants set forth herein touch and concern the land in that the Borrower’s legal interest in the Project is rendered less valuable thereby. The Issuer and the Borrower hereby further declare their understanding and intent that the benefits of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Project by Low Income Tenants, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which the Bonds were issued. Section 16. Uniformity; Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan for the use of the site on which the Project is located. Section 17. Default; Enforcement. If the Borrower defaults in the performance or observance of any covenant, agreement or obligation of the Borrower set forth in this Regulatory Agreement, and if such default remains uncured for a period of 60 days after notice thereof shall have been given by the Issuer or the Bondowner Representative (with a copy to the Issuer) to the Borrower, or for a period of 60 days from the date the Borrower should, with reasonable diligence, have discovered such default, then the Issuer shall declare an “Event of Default” to have occurred hereunder; provided, however, that if the default is of such a nature that it cannot be corrected within 60 days, such default shall not constitute an Event of Default hereunder so long as (i) the Borrower institutes corrective action within said 60 days and diligently pursues such action until the default is corrected, and (ii) in the opinion of Bond Counsel, the failure to cure said default within 60 days will not adversely affect the Tax-Exempt status of interest on the Bonds. The Issuer and the Bondowner Representative shall have the right to enforce the obligations of the Borrower under this Regulatory Agreement within shorter periods of time than are otherwise provided herein if necessary to insure compliance with the Act or the Code. -23- Following the declaration of an Event of Default hereunder, the Issuer or the Bondowner Representative, subject to the terms of the Loan Agreement, may take any one or more of the following steps, in addition to all other remedies provided by law or equity: (i) by mandamus or other suit, action or proceeding at law or in equity, including injunctive relief, require the Borrower to perform its obligations and covenants hereunder or enjoin any acts or things that may be unlawful or in violation of the rights of the Issuer hereunder; (ii) have access to and inspect, examine and make copies of all of the books and records of the Borrower pertaining to the Project; (iii) take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Borrower hereunder; and (iv) with the consent of the Bondowner Representative, which consent shall not be unreasonably withheld, declare a default under the Loan Agreement, as applicable, and proceed with any remedies provided therein. The Borrower hereby agrees that specific enforcement of the Borrower’s agreements contained herein is the only means by which the Issuer may fully obtain the benefits of this Regulatory Agreement made by the Borrower herein, and the Borrower therefore agrees to the imposition of the remedy of specific performance against it in the case of any Event of Default by the Borrower hereunder. The Bondowner Representative shall have the right, in accordance with this Section and the provisions of the Loan Agreement, without the consent or approval of the Issuer, to exercise any or all of the rights or remedies of the Issuer hereunder; provided that prior to taking any such action the Bondowner Representative shall give the Issuer written notice of its intended action. The Issuer and the Bondowner Representative hereby agree (i) that cure of any Event of Default made or tendered by any partner of the Borrower shall be deemed to be a cure by the Borrower and shall be accepted or rejected on the same basis as if made or tendered by the Borrower, and (ii) that a copy of any notice delivered hereunder to the Borrower shall be delivered to Borrower’s investor limited partner at its address set forth in the Indenture. All reasonable fees, costs and expenses (including reasonable attorney’s fees) of the Bondowner Representative and the Issuer incurred in taking any action pursuant to this Section shall be the sole responsibility of the Borrower; provided, however, that in the event that any action arises hereunder in which the Borrower and the Bondowner Representative are adversaries, the prevailing party, if any, shall be entitled to recover legal fees and costs from the other party. Section 18. The Bondowner Representative. The Bondowner Representative shall be entitled, but shall have no duty, to act with respect to enforcement of the Borrower’s performance hereunder. The Bondowner Representative, either on its own behalf or as the agent of and on behalf of the Issuer, may, in its sole discretion, act hereunder and any act required to be performed by the Issuer as herein provided shall be deemed taken if such act is performed by the Bondowner Representative. In connection with any such performance, all provisions of the Indenture and the Loan Agreement relating to the rights, privileges, powers -24- and protections of the Bondowner Representative shall apply with equal force and effect to all actions taken (or omitted to be taken) by the Bondowner Representative in connection with this Regulatory Agreement. Neither the Bondowner Representative nor any of its officers, directors or employees shall be liable for any action taken or omitted to be taken by it hereunder or in connection herewith except for its or their own negligence or willful misconduct. The Bondowner Representative may consult with legal counsel selected by it (the reasonable fees of which counsel shall be paid by the Borrower) and any action taken or suffered by it reasonably and in good faith in accordance with the opinion of such counsel shall be full justification and protection to it. The Bondowner Representative may at all times assume compliance with this Regulatory Agreement unless otherwise notified in writing by or on behalf of the Issuer, or unless it has actual knowledge of noncompliance. After the date the Bonds no longer remain outstanding as provided in the Indenture, the Bondowner Representative shall have no further rights, duties or responsibilities under this Regulatory Agreement, and all references to the Bondowner Representative in this Regulatory Agreement shall be deemed references to the Issuer. Section 19. Recording and Filing. (a) The Borrower shall cause this Regulatory Agreement and all amendments and supplements hereto and thereto, to be recorded and filed in the real property records of the County, and in such other places as the Issuer may reasonably request. The Borrower shall pay all fees and charges incurred in connection with any such recording. (b) The Borrower and the Issuer will file of record such other documents and take such other steps as are reasonably necessary, in the opinion of Bond Counsel, in order to insure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project. (c) The Borrower hereby covenants to include or reference the requirements and restrictions contained in this Regulatory Agreement in any documents transferring any interest in the Project to another person to the end that such transferee has notice of, and is bound by, such restrictions, and, except in the case of a foreclosure or comparable involuntary conversion of the Deed of Trust, whereby the Bondowner Representative becomes the owner of the Project, to obtain the agreement from any transferee to abide by all requirements and restrictions of this Regulatory Agreement. Section 20. Payment of Fees. Notwithstanding any prepayment of the Loans and discharge of the Loan Agreement, the Borrower shall continue to pay (or, to the extent allowed under the Code, shall prepay the present value at such time of) the fees of the Issuer as provided in this Section 20, unless such prepayment is made in connection with a refunding of the Bonds. The Borrower agrees to pay to the Issuer (i) the Issuer Issuance Fee, which shall be paid on or before the Closing Date, (ii) the Issuer Annual Fee, which shall be payable commencing on the Closing Date and annually on each March 1 thereafter, and continuing throughout the Compliance Period, and (iii) within 30 days after receipt of request for payment thereof, all reasonable out-of-pocket expenses of the Issuer (not including salaries and wages of Issuer employees) related to the Bonds, the Loans, and the Project and the financing thereof, including, without limitation, legal fees and expenses incurred in connection with the interpretation, performance, enforcement or amendment of any documents relating to the Project, the Bonds, the Loans or any of the Loan Documents. -25- In the event that the Qualified Project Period terminates prior to the termination of the Compliance Period (other than by reason of the issuance of refunding bonds), and provided that the conditions of this Section are satisfied, the Borrower shall thereafter and for the remainder of the Compliance Period pay to the Issuer annually in advance an amount equal to $5,000. The full Issuer Annual Fee shall continue to be payable unless and until the Issuer has confirmed receipt of all amounts then due and payable in arrears by the Borrower to the Issuer in connection with the Loans, at which point the Issuer Annual Fee shall become effective. If the Borrower fails to make payment of the Issuer Annual Fee for a period of two consecutive years or more, the Issuer may, in its sole discretion, declare the total amount of the Issuer Annual Fee through the end of the Compliance Period immediately due and payable, such amount to be discounted at a rate equal to the then current market rate for U.S. Treasury obligations of a maturity equal to the remaining term of the Compliance Period. Section 21. Governing Law; Venue. This Regulatory Agreement shall be construed in accordance with and governed by the laws of the State of California applicable to contracts made and performed in the State of California. This Regulatory Agreement shall be enforceable in the State of California, and any action arising hereunder shall (unless waived by the Issuer in writing) be filed and maintained in the Superior Court of California, County of Contra Costa. Section 22. Amendments; Waivers. (a) Except as provided in Section 8(a) and 29(e) hereof, this Regulatory Agreement may be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County, and only upon (i) receipt by the Issuer of an opinion from Bond Counsel that such amendment will not adversely affect the Tax-Exempt status of interest on the Bonds and is not contrary to the provisions of the Act and (ii) the written consent of the Bondowner Representative, who shall receive a copy of any such amendment. (b) Anything to the contrary contained herein notwithstanding, the Issuer and the Borrower hereby agree to amend this Regulatory Agreement to the extent required, in the opinion of Bond Counsel, in order that interest on the Bonds remains Tax-Exempt. The parties requesting such amendment shall notify the other parties to this Regulatory Agreement of the proposed amendment, with a copy of such proposed amendment to Bond Counsel and a request that Bond Counsel render to the Issuer an opinion as to the effect of such proposed amendment upon the Tax-Exempt status of interest on the Bonds. This provision shall not be subject to any provision of any other agreement requiring any party hereto to obtain the consent of any other person in order to amend this Regulatory Agreement. (c) Any waiver of, or consent to, any condition under this Regulatory Agreement must be expressly made in writing. Section 23. Notices. Any notice required to be given hereunder shall be made in writing and shall be given by personal delivery, overnight delivery, certified or registered mail, postage prepaid, return receipt requested, or by telecopy, in each case at the respective addresses specified in the Indenture, or at such other addresses as may be specified in writing by the parties hereto. Unless otherwise specified by the Administrator, the address of the Administrator is the same as the address of the Issuer. -26- Unless otherwise specified by CDLAC, the address of CDLAC is: California Debt Limit Allocation Committee 915 Capitol Mall, Room 311 Sacramento, CA 95814 Attention: Executive Director The Issuer, the Administrator, CDLAC and the Borrower may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notice shall be deemed given on the date evidenced by the postal or courier receipt or other written evidence of delivery or electronic transmission; provided that any telecopy or other electronic transmission received by any party after 4:00 p.m., local time of the receiving party, as evidenced by the time shown on such transmission, shall be deemed to have been received the following Business Day. A copy of each notice of default provided to the Borrower hereunder shall also be provided to the Bondowner Representative at its addresses set forth in the Indenture. The Borrower shall notify the Issuer and the Administrator in writing of any change to the name of the Project or any change of name or address for the Borrower or the Manager. The Borrower shall further notify CDLAC in writing of any event provided in Section 29(d) hereof. Section 24. Severability. If any provision of this Regulatory Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Section 25. Multiple Counterparts. This Regulatory Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. Section 26. Limitation on Liability. Notwithstanding the foregoing or any other provision or obligation to the contrary contained in this Regulatory Agreement, (i) the liability of the Borrower under this Regulatory Agreement to any person or entity, including, but not limited to, the Bondowner Representative or the Issuer and their successors and assigns, is limited to the Borrower’s interest in the Project and the amounts held in the funds and accounts created under the Loan Agreement and the Indenture, or any rights of the Borrower under any guarantees relating to the Project, and such persons and entities shall look exclusively thereto, or to such other security as may from time to time be given for the payment of obligations arising out of this Regulatory Agreement or any other agreement securing the obligations of the Borrower under this Regulatory Agreement; and (ii) from and after the date of this Regulatory Agreement, no deficiency or other personal judgment, nor any order or decree of specific performance (other than pertaining to this Regulatory Agreement, any agreement pertaining to the Project or any other agreement securing the Borrower’s obligations under this Regulatory Agreement), shall be rendered against the Borrower, the assets of the Borrower (other than the Borrower’s interest in the Project, this Regulatory Agreement, amounts held in the funds and accounts created under the Loan Agreement, any rights of the Borrower under the Loan Agreement or any other documents relating to the Loans or any rights of the Borrower under any guarantees relating to the Project), its partners, successors, transferees or assigns and each of their respective officers, directors, employees, partners, agents, heirs and personal representatives, as the case may be, in any action or proceeding arising out of this Regulatory Agreement and the Loan Agreement or any agreement securing the obligations of the Borrower under this Regulatory Agreement, or any judgment, order or decree rendered pursuant to any such action or proceeding, except to the extent provided in the Loan Agreement. -27- Section 27. Third-Party Beneficiaries. The Bondowner Representative, the owners and the former owners of the 1998 Bonds and CDLAC are intended to be and shall each be a third- party beneficiary of this Regulatory Agreement. The owners and former owners of the 1998 Bonds shall have the right (but not the obligation) to enforce, separately or jointly with the Issuer and/or the Bondowner Representative, the terms of this Regulatory Agreement and to pursue an action for specific performance or other available remedy at law or in equity in accordance with Section 17 hereof. CDLAC shall have the right (but not the obligation) to enforce the CDLAC Conditions and to pursue an action for specific performance or other available remedy at law or in equity in accordance with Section 17 hereof, provided that any such action or remedy shall not materially adversely affect the interests and rights of the owners of the Bonds. Section 28. Property Management. The Borrower agrees that at all times the Project shall be managed by a property manager (i) approved by the Issuer in its reasonable discretion and (ii) who has at least three years’ experience in the ownership, operation and management of similar size rental housing projects, and at least one year’s experience in the ownership, operation and management of rental housing projects containing below-market-rate units, without any record of material violations of discrimination restrictions or other state or federal laws or regulations or local governmental requirements applicable to such projects (the “Manager”). The Borrower shall submit to the Issuer from time to time such information about the background, experience and financial condition of any existing or proposed Manager as the Issuer may reasonably require to determine whether such Manager meets the requirements for a Manager set forth herein. The Issuer reserves the right to conduct periodic reviews of the management practices and of the Manager to determine if the Project is being operated and managed in accordance with the requirements and standards of this Agreement. The Borrower agrees to cooperate with the Issuer in such reviews. If the Issuer determines in its reasonable judgment that the Project is not being operated and managed in accordance with one or more of the material requirements or standards of this Agreement, the Issuer may deliver notice to the Borrower and the Bondowner Representative requesting replacement of the Manager, which notice shall state clearly the reasons for such request. The Borrower agrees that, upon receipt of such notice, it shall within 60 days submit to the Issuer, with a copy to the Bondowner Representative, a proposal to engage a new Manager meeting the requirements of this Section 28. Each of the Issuer and the Bondowner Representative shall respond within 30 days to such proposal or such approval shall be deemed given. Upon receipt of such consent or deemed consent, the Borrower shall within 60 days terminate the existing Manager’s engagement and engage the new Manager. If such proposal is denied by either the Issuer or the Bondowner Representative, the Borrower agrees that upon receipt of notice of such denial, it shall within 60 days submit to the Issuer, with copies to the Bondowner Representative, a proposal to engage another new Manager meeting the requirements of this Section 28, subject to the Issuer’s and Bondowner Representative’s consent or deemed consent pursuant to the terms hereof. Notwithstanding any other provision of this Section 28 to the contrary, the Bondowner Representative may at any time by written instruction to the Issuer and the Borrower deny the Issuer’s request for a replacement Manager and direct that the existing Manager be retained. Section 29. Requirements of CDLAC. In addition to other requirements set forth herein and to the extent not prohibited by the requirements set forth in Sections 4 through 6 hereof, the Borrower hereby agrees to comply with each of the requirements of CDLAC set forth in this Section 29, as follows: -28- (a) The Borrower shall comply with the CDLAC Resolution attached hereto as Exhibit E and Exhibit F and the CDLAC Conditions set forth in Exhibits A thereto (collectively, the “CDLAC Conditions”), which conditions are incorporated herein by reference and made a part hereof. The Borrower will prepare and submit to the Issuer, not later than February 1 of each year, until the rehabilitation of Project and is completed, and on February 1 every three years thereafter until the end of the Compliance Period, a Certificate of Compliance 11 for Qualified Residential Rental Projects, in substantially the form required or otherwise provided by CDLAC from time to time, executed by an authorized representative of the Borrower. Such Certificate of Compliance 11 for Qualified Residential Rental Projects shall be shall be prepared pursuant to the terms of the CDLAC Conditions. Additionally, the Borrower will prepare and submit to the Issuer, a Certificate of Completion, in substantially the form required or otherwise provided by CDLAC, executed by an authorized representative of the Borrower certifying among other things to the substantial completion of the Project and the Other Project. Compliance with the terms of the CDLAC Conditions not contained within this Regulatory Agreement, but referred to in the CDLAC Conditions are the responsibility of the Borrower to report to the Issuer. (b) The Borrower acknowledges that the Issuer and the Administrator will monitor or cause to be monitored the Borrower’s compliance with the terms of the CDLAC Conditions. The Borrower acknowledges that the Issuer will prepare and submit to CDLAC, not later than March 1 of each year until the rehabilitation of the Project has been completed, and on March 1 of every three years thereafter until the end of the Compliance Period, a Self-Certification Certificate in the form provided by CDLAC. The Borrower will cooperate fully with the Issuer in connection with such monitoring and reporting requirements. (c) Except as otherwise provided in Section 13 of this Regulatory Agreement, this Regulatory Agreement shall terminate on the date 55 years after the date on which at least fifty percent (50%) of the units in the Project are first occupied or the commencement of the Qualified Project Period, whichever is earlier. (d) The Borrower shall notify CDLAC in writing of: (i) any change in ownership of the Project, (ii) any change in the issuer of the Bonds, (iii) any change in the name of the Project or the Manager; (iv) any material default under the Indenture, the Loan Agreement or this Regulatory Agreement, including, but not limited to, such defaults associated with the Tax-Exempt status of the Bonds, and the income and rental requirements as provided in Sections 4 and 6 hereof and the CDLAC Conditions; or (v) termination of this Regulatory Agreement. (e) CDLAC shall have the right, but not the obligation, to deliver revised CDLAC Conditions to the Borrower after the Closing Date at any time that are not more restrictive than the original CDLAC Conditions; provided however, that, with the prior written consent of the Bondowner Representative, which will not be unreasonably withheld: (i) any changes in the terms and conditions of such revised CDLAC Conditions prior to the recordation against the Project in the real property records of the County of a regulatory agreement between the Borrower and the California Tax Credit Allocation Committee (“TCAC Regulatory Agreement”) shall be limited to such changes as are necessary to correct any factual errors or to otherwise conform the CDLAC Conditions to any change in facts or circumstances applicable to the Borrower or the Project; and (ii) after recordation of the TCAC Regulatory Agreement, any changes in the terms and conditions of such revised CDLAC Conditions shall be limited to such changes as are necessary to conform Items 1, 6, 7, 10, 11, 12, 14, 15, 16, 18 through 26 and -29- 37 of Exhibits A to the CDLAC Resolution to any change in terms and conditions requested by the Borrower and approved by CDLAC. The Borrower shall record or cause to be recorded in the real property records of the County an amendment to this Regulatory Agreement containing such revised CDLAC Conditions, executed by the parties hereto or their successor in title and pay any expenses in connection therewith. The Borrower shall provide CDLAC with a copy of that recorded amendment reflecting the revised CDLAC Conditions. Any of the foregoing requirements of the CDLAC contained in this Section 29 may be expressly waived by CDLAC, in its sole discretion, in writing, but (i) no waiver by CDLAC of any requirement of this Section 29 shall, or shall be deemed to, extend to or affect any other provision of this Regulatory Agreement except to the extent the Issuer has received an opinion of Bond Counsel that any such provision is not required by the Act or the Code and may be waived without adversely affecting the exclusion from gross income of interest on the Bonds for federal income tax purposes; and (ii) any requirement of this Section 29 shall be void and of no force and effect if the Issuer and the Borrower receive a written opinion of Bond Counsel to the effect that compliance with any such requirement would cause interest on the Bonds to cease to be Tax-Exempt or to the effect that compliance with such requirement would be in conflict with the Act, the Code or any other state or federal law. Section 30. Limited Liability of Issuer. All obligations of the Issuer incurred under this Regulatory Agreement shall be limited obligations, payable solely and only from Bond proceeds and other amounts derived by the Issuer from the Loans or otherwise under the Loan Agreement. Section 31. Conflict With Other Affordability Agreements. Notwithstanding any provision in this Regulatory Agreement to the contrary, in the event of any conflict between the provisions of this Regulatory Agreement and any other agreement that imposes affordability requirements on the Project, including those referenced in Section 3(e) hereof, the provisions providing for the most affordable units, with the most affordability, in the Project shall prevail, so long as at all times the requirements of Section 2, 3, 4, 6, 7 and 29 of this Regulatory Agreement are in any event satisfied. Notwithstanding the foregoing, a breach or default under any agreement referenced in Section 3(e) hereof shall not, in itself, constitute a breach or a default under this Regulatory Agreement. Section 32. Annual Reporting Covenant. No later than January 31 of each calendar year (commencing January 31, 2021), the Borrower, on behalf of the Issuer, agrees to provide to the California Debt and Investment Advisory Commission, by any method approved by the California Debt and Investment Advisory Commission, with a copy to the Issuer, the annual report information required by section 8855(k)(1) of the California Government Code with respect to the Bonds. This covenant shall remain in effect until the later of the date (a) the Bonds are no longer outstanding or (b) the proceeds of the Bonds have been fully spent. S-1 IN WITNESS WHEREOF, the Issuer and the Borrower have executed this Regulatory Agreement by duly authorized representatives, all as of the date first above written. COUNTY OF CONTRA COSTA, CALIFORNIA By: John Kopchik, Director, Department of Conservation and Development COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: Its: 03007.47:J16748 NOTARY ACKNOWLEDGMENT State of California ss. County of On , before me, , Notary Public Date Name and Title of Officer (e.g., “Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [Seal] Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. NOTARY ACKNOWLEDGMENT State of California ss. County of On , before me, , Notary Public Date Name and Title of Officer (e.g., “Jane Doe, Notary Public") personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [Seal] Notary Public A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. A-1 EXHIBIT A DESCRIPTION OF REAL PROPERTY THE LAND REFERRED TO HEREIN IS SITUATED IN THE UNINCORPORATED AREA OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: [to come] APN: 148-500-056 B-1 EXHIBIT B FORM OF INCOME CERTIFICATION TENANT INCOME CERTIFICATION Initial Certification 1st Recertification Other: Effective Date: Move-in Date: (YYYY-MM-DD) PART I - DEVELOPMENT DATA Property Name: Coggins Square Apartments County: Contra Costa BIN #: Address: 1316 Las Juntas Way, Walnut Creek, CA Unit Number: # Bedrooms: PART II. HOUSEHOLD COMPOSITION Vacant HH Mbr # Last Name First Name Middle Initial Relationship to Head of Household Date of Birth (YYYY/MM//D D) F/T Student (Y or N) Last 4 digits of Social Security # 1 HEAD 2 3 4 5 6 7 PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS) HH Mbr # (A) Employment or Wages (B) Soc. Security/Pensions (C) Public Assistance (D) Other Income TOTALS $ $ $ $ Add totals from (A) through (D), above TOTAL INCOME (E): $ PART IV. INCOME FROM ASSETS Hshld Mbr # (F) Type of Asset (G) C/I (H) Cash Value of Asset (I) Annual Income from Asset TOTALS: $ $ Enter Column (H) Total Passbook Rate If over $5000 $ X 2.00% = (J) Imputed Income $ Enter the greater of the total of column I, or J: imputed income TOTAL INCOME FROM ASSETS (K) $ (L) Total Annual Household Income from all Sources [Add (E) + (K)] $ Effective Date of Move-in Income Certification: Household Size at Move-in Certification: B-2 HOUSEHOLD CERTIFICATION & SIGNATURES The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving out of the unit or any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full time student. Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement. Signature (Date) Signature (Date) Signature (Date) Signature (Date) B-3 PART V. DETERMINATION OF INCOME ELIGIBILITY RECERTIFICATION ONLY: TOTAL ANNUAL HOUSEHOLD INCOME FROM ALL SOURCES: From item (L) on page 1 $ Unit Meets Income Restriction at: 60% 50% Current Income Limit x 140%: $ Current Income Limit per Family Size: $ 40% 30% % Household Income exceeds 140% at recertification: Yes No Household Income at Move- in: $ Household Size at Move-in: PART VI. RENT Tenant Paid Rent $ Rent Assistance: $ Utility Allowance $ Other non-optional charges: $ GROSS RENT FOR UNIT: (Tenant paid rent plus Utility Allowance & other non-optional charges) $ Unit Meets Rent Restriction at: 60% 50% 40% 30% % Maximum Rent Limit for this unit: $ PART VII. STUDENT STATUS *Student Explanation: ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 AFDC / TANF Assistance (also attach documentation) 2 Job Training Program yes no 3 Single Parent/Dependent Child 4 Married/Joint Return Enter 1-5 5 Former Foster Care PART VIII. PROGRAM TYPE Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. a. Tax Credit See Part V above. b. HOME Income Status £ 50% AMGI £ 60% AMGI £ 80% AMGI OI** c. Tax Exempt Income Status 50% AMGI 60% AMGI 80% AMGI OI** d. AHDP Income Status 50% AMGI 80% AMGI OI** e. (Name of Program) Income Status __________ __________ OI** ** Upon recertification, household was determined over-income (OI) according to eligibility requirements of the program(s) marked above. B-4 SIGNATURE OF OWNER/REPRESENTATIVE Based on the representations herein and upon the proof and documentation required to be submitted, the individual(s) named in Part II of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Land Use Restriction Agreement (if applicable), to live in a unit in this Project. SIGNATURE OF OWNER/REPRESENTATIVE DATE B-5 INSTRUCTIONS FOR COMPLETING TENANT INCOME CERTIFICATION This form is to be completed by the owner or an authorized representative. Part I - Project Data Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification). *Move-in Date Enter the date the tenant has or will take occupancy of the unit. (YYYY-MM-DD) *Effective Date Enter the effective date of the certification. For move-in, this should be the move-in date. For annual recertification, this effective date should be no later than one year from the effective date of the previous (re)certification. (YYYY-MM-DD) Property Name Enter the name of the development. County Enter the county (or equivalent) in which the building is located. BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS Form 8609). Address Enter the address of the building. Unit Number Enter the unit number. # Bedrooms *Vacant Unit Enter the number of bedrooms in the unit. Check if unit was vacant on December 31 of requesting year. Part II - Household Composition List all occupants of the unit. State each household member’s relationship to the head of household by using one of the following coded definitions: H - Head of Household S - Spouse A - Adult co-tenant O - Other family member C - Child F - Foster child(ren)/adult(s) L - Live-in caretaker N - None of the above Enter the date of birth, student status, and last four digits of social security number or alien registration number for each occupant. If tenant does not have a Social Security Number (SSN) or alien registration number, please enter the numerical birth month and last two digits of birth year (e.g. birthday January 1, 1970, enter “0170”). If tenant has no SSN number or date of birth, please enter the last 4 digits of the BIN. If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification. B-6 Part III - Annual Income See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of verification. From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the twelve months from the effective date of the (re)certification. Complete a separate line for each income-earning member. List each respective household member number from Part II. Include anticipated income only if documentation exists verifying pending employment. If any adult states zero-income, please note “zero” in the columns of Part III. Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business. Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc. Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.). Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household. Row (E) Add the totals from columns (A) through (D), above. Enter this amount. Part IV - Income from Assets See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of verification. From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received during the twelve months from the effective date of the certification. List the respective household member number from Part II and complete a separate line for each member. Column (F) List the type of asset (i.e., checking account, savings account, etc.) Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)certification). Column (H) Enter the cash value of the respective asset. Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate). TOTALS Add the total of Column (H) and Column (I), respectively. If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income. Row (K) Row (L) *Effective Date of Income Certification *Household Size at Certification Enter the greater of the total in Column (I) or (J) Total Annual Household Income From all Sources Add (E) and (K) and enter the total Enter the effective date of the income certification corresponding to the total annual household income entered in Box L. If annual income certification is not required, this may be different from the effective date listed in Part I. Enter the number of tenants corresponding to the total annual household income entered in Box L. If annual income certification is not required, this may be different from the number of tenants listed in Part II. B-7 HOUSEHOLD CERTIFICATION AND SIGNATURES After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign and date the Tenant Income Certification. For move-in, it is recommended that the Tenant Income Certification be signed no earlier than 5 days prior to the effective date of the certification. Part V – Determination of Income Eligibility Total Annual Household Income from all Sources Enter the number from item (L). Current Income Limit per Family Size Enter the Current Move-in Income Limit for the household size. Household income at move-in Household size at move-in Current Income Limit x 140% For recertifications, only. Enter the household income from the move-in certification. On the adjacent line, enter the number of household members from the move-in certification. For recertifications only. Multiply the Current Maximum Move-in Income Limit by 140% and enter the total. 140% is based on the Federal Set-Aside of 20/50 or 40/60, as elected by the owner for the property, not deeper targeting elections of 30%, 40%, 45%, 50%, etc. Below, indicate whether the household income exceeds that total. If the Gross Annual Income at recertification is greater than 140% of the current income limit, then the available unit rule must be followed. *Units Meets Income Restriction at Check the appropriate box for the income restriction that the household meets according to what is required by the set-aside(s) for the project. Part VI - Rent Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance payments such as Section 8). Rent Assistance Enter the amount of rent assistance, if any. Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero. Other non-optional charges Enter the amount of non-optional charges, such as mandatory garage rent, storage lockers, charges for services provided by the development, etc. Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional charges. Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit. Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is required by the set-aside(s) for the project. Part VII - Student Status If all household members are full time* students, check “yes”. If at least one household member is not a full time student, check “no”. If “yes” is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is ineligible to rent the unit. Full time is determined by the school the student attends. B-8 Part VIII – Program Type Mark the program(s) for which this household’s unit will be counted toward the property’s occupancy requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification. If the property does not participate in the HOME, Tax-Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank. Tax Credit See Part V above. HOME If the property participates in the HOME program and the unit this household will occupy will count towards the HOME program set-asides, mark the appropriate box indicting the household’s designation. Tax Exempt If the property participates in the Tax Exempt Bond program; mark the appropriate box indicating the household’s designation. AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household’s unit will count towards the set-aside requirements, mark the appropriate box indicting the household’s designation. Other If the property participates in any other affordable housing program, complete the information as appropriate. SIGNATURE OF OWNER/REPRESENTATIVE It is the responsibility of the owner or the owner’s representative to sign and date this document immediately following execution by the resident(s). The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certification form) and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in tax credit compliance. These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance with federal program regulations lies with the owner of the building(s) for which the credit is allowable. PART IX. SUPPLEMENTAL INFORMATION Tenant Demographic Profile Complete for each member of the household, including minors, for move-in. Use codes listed on supplemental form for Race, Ethnicity, and Disability Status. Resident/Applicant Initials All tenants who wish not to furnish supplemental information should initial this section. Parent/guardian may complete and initial for minor child(ren). * Please note areas with asterisks are new or have been modified. Please ensure to note the changes or formats now being requested. B-9 TENANT INCOME CERTIFICATION QUESTIONNAIRE Name: Telephone Number: _______________________________________________________ ( ) Initial Certification BIN # Re-certification Other Unit # INCOME INFORMATION Yes No MONTHLY GROSS INCOME I am self employed. (List nature of self employment) (use net income from business) $ I have a job and receive wages, salary, overtime pay, commissions, fees, tips, bonuses, and/or other compensation: List the businesses and/or companies that pay you: Name of Employer 1) 2) 3) $ $ $ I receive cash contributions of gifts including rent or utility payments, on an ongoing basis from persons not living with me. $ I receive unemployment benefits. $ I receive Veteran’s Administration, GI Bill, or National Guard/Military benefits/income. $ I receive periodic social security payments. $ The household receives unearned income from family members age 17 or under (example: Social Security, Trust Fund disbursements, etc.). $ I receive Supplemental Security Income (SSI). $ I receive disability or death benefits other than Social Security. $ I receive Public Assistance Income (examples: TANF, AFDC) $ I am entitled to receive child support payments. I am currently receiving child support payments. If yes, from how many persons do you receive support? ________ I am currently making efforts to collect child support owed to me. List efforts being made to collect child support: $ $ I receive alimony/spousal support payments $ I receive periodic payments from trusts, annuities, inheritance, retirement funds or pensions, insurance policies, or lottery winnings. If yes, list sources: 1)_____________________________________ 2)_____________________________________ $ $ I receive income from real or personal property. (use net earned income) $ Student financial aid (public or private, not including student loans) Subtract cost of tuition from Aid received $ B-10 Asset information YES NO INTEREST RATE CASH VALUE I have a checking account(s). If yes, list bank(s) 1) 2) % % $ $ I have a savings account(s) If yes, list bank(s) 1) 2) % % $ $ I have a revocable trust(s) If yes, list bank(s) 1) % $ I own real estate. If yes, provide description: $ I own stocks, bonds, or Treasury Bills If yes, list sources/bank names 1) 2) 3) % % % $ $ $ I have Certificates of Deposit (CD) or Money Market Account(s). If yes, list sources/bank names 1) 2) 3) % % % $ $ $ I have an IRA/Lump Sum Pension/Keogh Account/401K. If yes, list bank(s) 1) 2) % % $ $ I have a whole life insurance policy. If yes, how many policies $ I have cash on hand. $ I have disposed of assets (i.e. gave away money/assets) for less than the fair market value in the past 2 years. If yes, list items and date disposed: 1) 2) $ $ B-11 STUDENT STATUS YES NO Does the household consist of all persons who are full-time students (Examples: College/University, trade school, etc.)? Does the household consist of all persons who have been a full-time student in the previous 5 months? Does your household anticipate becoming an all full-time student household in the next 12 months? If you answered yes to any of the previous three questions are you: • Receiving assistance under Title IV of the Social Security Act (AFDC/TANF/Cal Works - not SSA/SSI) • Enrolled in a job training program receiving assistance through the Job Training Participation Act (JTPA) or other similar program • Married and filing (or are entitled to file) a joint tax return • Single parent with a dependent child or children and neither you nor your child(ren) are dependent of another individual • Previously enrolled in the Foster Care program (age 18-24) UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE INFORMATION PRESENTED ON THIS FORM IS TRUE AND ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE. THE UNDERSIGNED FURTHER UNDERSTANDS THAT PROVIDING FALSE REPRESENTATIONS HEREIN CONSTITUTES AN ACT OF FRAUD. FALSE, MISLEADING OR INCOMPLETE INFORMATION WILL RESULT IN THE DENIAL OF APPLICATION OR TERMINATION OF THE LEASE AGREEMENT. PRINTED NAME OF APPLICANT/TENANT SIGNATURE OF APPLICANT/TENANT DATE WITNESSED BY (SIGNATURE OF OWNER/REPRESENTATIVE) DATE C-1 EXHIBIT C FORM OF CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE COGGINS SQUARE APARTMENTS Witnesseth that on this ____ day of ____________, 20__, the undersigned, having borrowed certain funds from the County of Contra Costa (the “Issuer”) for the purpose of financing the above-listed multifamily rental housing facility does hereby certify that: A. During the preceding twelve-months (i) the Project was continually in compliance with the Regulatory Agreement, and (ii) ____% of the units in the Project were occupied by Low Income Tenants (minimum of 40%). B. Set forth below is certain information regarding occupancy of the Project and as of the date hereof. 1. Total Units: 2. Total Units Occupied: 3. Total Units Held Vacant and Available for Rent to Low Income Tenants 4. Total Low Income Units Occupied: 5. % of Low Income Units to Total Units % _____% (equals the Total of Lines 3 and 4, divided by the lesser of Line 1 or Line 2) C. The units occupied by Low Income Tenants are of similar size and quality to other units and are dispersed throughout the Project. D. Select appropriate certification: [No unremedied default has occurred under Regulatory Agreement, the Notes, Loan Agreement or the Deed of Trust.] [A default has occurred under the ____________. The nature of the default and the measures being taken to remedy such default are as follows: _______________.] E. The representations set forth herein are true and correct to the best of the undersigned’s knowledge and belief. C-2 Capitalized terms used in this Certificate and not otherwise defined herein have the meanings given to such terms in the Regulatory Agreement and Declaration of Restrictive Covenants, dated as of March 1, 2020, between the Issuer and Coggins Square Apartments, L.P., a California limited partnership. Date: COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: Its: D-1 EXHIBIT D FORM OF COMPLETION CERTIFICATE The undersigned hereby certifies that the acquisition and rehabilitation of the Project was substantially completed as of ____________. The undersigned hereby further certifies that: (1) the aggregate amount disbursed on the Loans to date is $___________; (2) all amounts disbursed on the Loans have been applied to pay or reimburse the undersigned for the payment of Project Costs and none of the amounts disbursed on the Loans have been applied to pay or reimburse any party for the payment of costs or expenses other than Project Costs; (3) at least ninety-five percent (95%) of the amounts disbursed on the Loans have been applied to pay or reimburse the Borrower for the payment of Qualified Project Costs, and less than 25 percent of all such disbursements have been used for the acquisition of land or an interest therein; and (4) the Borrower is in compliance with the provisions of the Regulatory Agreement and the Loan Agreement. Capitalized terms used in this Completion Certificate have the meanings given such terms in the Regulatory Agreement and Declaration of Restrictive Covenants, dated as of March 1, 2020, between Coggins Square Apartments, L.P., a California limited partnership and the County of Contra Costa. COGGINS SQUARE APARTMENTS, L.P., a California limited partnership By: Coggins Square Apartments LLC, a California limited liability company, its General Partner By: BRIDGE Housing Corporation, a California nonprofit public benefit corporation, its Sole Member/Manager By: Its: E-1 EXHIBIT E CDLAC RESOLUTION NO. 19-204 E-2 E-3 E-4 E-5 E-6 E-7 E-8 RECOMMENDATION(S): 1. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute legal documents, subject to approval by the County Administrator and approval as to form by County Counsel, to refinance outstanding loans secured by Coggins Square Apartments, at 1316 Las Juntas Way in Walnut Creek, and provide an additional Community Development Block Grant loan of $2.37 million for the development. 2. DETERMINE that the activity is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3); 3. DIRECT the Director of Conservation and Development to file a Notice of Exemption for the Coggins Square Rehabilitation project with the County Clerk; and 4. DIRECT the Director of Conservation and Development, or designee, to arrange for payment of the $50 handling fee to the County Clerk for filing such Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Kristen Lackey, (925) 674-7793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.120 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:March 10, 2020 Contra Costa County Subject:Sale and Rehabilitation of the Affordable Rental Housing Development Known as Coggins Square FISCAL IMPACT: There is no General Fund impact associated with this action. Community Development Block Grant funds (CFDA 14-218) are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). BACKGROUND: Coggins Square Apartments, located at 1316 Las Juntas Way in the unincorporated area of the County near Walnut Creek, is an 87-unit multifamily residential rental development built 18 years ago by a limited partnership comprised of BRIDGE Housing and a tax credit investor. With the assistance of Community Development Block Grant (CDBG), HOME Investment Partnership Act (HOME), Redevelopment Agency funds, and private activity bonds, the transit oriented project included 100% affordable units with deep affordability levels and large 3-bedroom units suitable for families. The initial tax credit period has passed and the building is in need of substantial rehabilitation such as water damage remediation, a new roof, repainting and upgrading the units and interior community spaces. The developer proposes to refinance the project for another tax credit allocation and to complete the needed rehabilitation. Since the dissolution of the Redevelopment Agency in 2012, the Redevelopment Agency loan became an asset of the Housing Successor (governed by the Board of Supervisors) through the approval of the Housing Asset Transfer List. The County actions needed to implement the proposed refinancing and rehabilitation include restructuring the existing debt (a CDBG loan, a HOME loan and a Housing Successor loan, all of which total approximately $4.49 million with accrued interest) and loaning additional CDBG funds in the amount of $2.37 million. Together, the refinancing and the new CDBG funds will result in a new loan of approximately $6.86 million. The existing loans terms are 3% simple annual interest with a term of 55 years. The loan repayment was deferred until the end of the term unless there was surplus cash flow in any year of operation. Since 2014, the following interest payments have been received by the County: $11,683.58 toward the CDBG loan; $10,372.42 toward the HOME loan; and $9,795 toward the Successor Agency loan. Accrued interest to date for each loan will be added to the associated outstanding principal amounts to constitute new principal amounts. The restructured loans will have a new 55-year term and carry the applicable federal interest rate at the time of transaction closing (1.93% in March 2020) with the same deferred payment/surplus cash flow repayment structure. The existing Regulatory Agreement will be terminated and the updated terms will be reflected in the new Regulatory Agreement. The new $2,370,000 CDBG allocation for this project was approved by the Board on October 22, 2019, (C.69) following a recommendation from the Affordable Housing Advisory Committee. As with the restructured loans, the loan repayment is deferred for 55 years unless there is surplus cash flow in any year of operation. This loan will bear zero percent interest in order to maximize new equity investment in the project. All three of the loans will be included in one development loan agreement with a 55-year term. A new Regulatory Agreement will be recorded on the property to reflect the additional term of affordability. In addition to the County loans, the project will be funded with tax-exempt bonds issued by the County (a separate item on this March 10, 2020 Board agenda addresses the bonds), low-income housing tax credits, and general partner equity. The total development cost is $50.9 million. The project sponsor is Coggins Square Apartments, L.P., a limited partnership comprised of Coggins Square Apartments LLC as the managing general partner and National Affordable Housing Trust as the tax credit equity investor. BRIDGE Housing is the sole member of Coggins Square Apartments LLC, and is a well-respected non-profit developer of affordable housing with extensive experience in the Bay Area, including Contra Costa County. The loans will be subordinate to the bond loan and the County may be requested to sign estoppel agreements to that effect. This action of the Board includes authorization of the DCD Director to execute estoppel and subordination agreements consistent with the subordination terms included in the Loan Agreement. Due to the high construction costs and limited revenue from the restricted rents, the total amount of the financing provided to the project will likely exceed the value of the completed project. Even though the proposed equity investment from low income housing tax credits is substantial compared to the amount of long term debt, the partnership agreement will have numerous safeguards of the investor's equity. These safeguards essentially subordinate the County’s debt to the investor’s equity. Therefore, the County CDBG funds may not be fully secured through the value of the property. However, the CDBG program funds are granted, not loaned, to the County, so the County general fund will not have any exposure as a result of this loan. The County structures its CDBG investments as loans rather than grants in order to maintain involvement in the financial team in the event the project experiences any serious issues over the 55-year term. National Environmental Policy Act (NEPA): HOME and CDBG projects are subject to NEPA and 24 CFR Part 58 review. The NEPA review for this project has been completed and the project is exempt. This project is not subject to the CEQA pursuant to Article 5. Section 15061(b)(3) of the CEQA Guidelines. CONSEQUENCE OF NEGATIVE ACTION: Without the approval and execution of the legal documents, the acquisition and rehabilitation will not be done, and the property will continue to suffer from deferred maintenance. CHILDREN'S IMPACT STATEMENT: The recommendation supports one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute the Maintenance of Effort Certification Form for Fiscal Year 2019/20 as required by Chapter 886, Statutes of 1994 to receive Proposition 172 (public safety sales tax increment) funds, and to submit the Certificate to the County Auditor-Controller. FISCAL IMPACT: This Certificate of Maintenance of Effort is required by State statute as implemented by guidelines issued by the California State Controller. Failure to submit the required certification form would result in the loss of more than $85.0 million in State Proposition 172 funds for the current fiscal year. BACKGROUND: This ½ cent sales tax was authorized in 1994 as a result of the 1993/94 state budget process. Proposition 172 (Senate Bill 509) designated that the ½ cent sales tax be deposited to newly-created state and local public safety trust funds and allocated to local agencies to fund public safety activities such as police, sheriff, fire, district attorney, county corrections, and ocean lifeguards. Court operations were explicitly excluded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.121 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:FY 2019/20 CERTIFICATION OF PROPOSITION 172 PUBLIC SAFETY SALES TAX MAINTENANCE OF EFFORT BACKGROUND: (CONT'D) > To prevent supplantation of local revenues that would have otherwise been allocated to public safety functions with Proposition 172 sales tax, the Legislature enacted Assembly Bill 2788 as Chapter 886, Statutes of 1994. AB 2733 requires a local agency to commit at least the same resources as were committed in FY 1992/93 (minus certain exclusions), adjusted each year by any growth in its Proposition 172 revenue, as maintenance of effort (MOE) in order to qualify to receive Proposition 172 (Public Safety Sales Tax). AB 2733 does not specifically define what is meant by “public safety services” and allows each county to make its own computation. In implementing the MOE section of Assembly Bill 2788 on May 16, 1995, as indicated in the Certification Form, it was most advantageous for this County to define public safety as follows: District Attorney (Department 0242), Probation (Departments (0308, 0309, 0310), Public Defender (Department 0243), Sheriff-Coroner (Departments 0255, 0277, 0300, and 0359), and Inmate Medical Care (Department 0301). It should be noted that the definition of “public safety services” for computation of the MOE obligation does not in any way detract from the Board’s authority to designate those funds to whatever public safety department or service it chooses. The Board of Supervisors, in 1993, directed that all public safety sales tax proceeds will be allocated to the District Attorney and Sheriff departments. Due to the downturn in the California economy, public safety sales taxes received by Contra Costa County has gradually declined since FY 2005/06, by more than 10% over that five-year period. For the 2019/20 fiscal year, it is estimated that Proposition 172 funds will provide $70.6. million to fund operations in the Sheriff's Office and $14.9 million to fund operations in the District Attorney’s Office. 2005/06 Actual $69,281,424 2006/07 Actual $67,318,904 2007/08 Actual $65,314,410 2008/09 Actual $57,641,994 2009/10 Actual $55,379,148 2010/11 Actual $60,388,430 2011/12 Actual $63,922,867 2012/13 Actual $67,178,163 2013/14 Actual $72,053,360 2014/15 Actual $74,736,241 2015/16 Actual $74,141,898 2016/17 Actual $77,499,977 2017/18 Actual $81,282,181 2018/19 Actual $84,460,701 2019/20 Budgeted $85,548,319 We have determined that for FY 2019/20, the adopted budget for the County-defined public safety services exceeded the County’s MOE obligation by more than $194.6 million. In computing the MOE, we followed the Public Safety MOE Requirement Uniform Guidelines for California Counties and Cities approved by the State Association of County Auditors. By authorizing the County Administrator to execute and submit the MOE Certification Form to the County Auditor-Controller, the Board will assure that the County will receive its full allotment of Proposition 172 funds for the current year. CONSEQUENCE OF NEGATIVE ACTION: Failure to file the required certification will jeopardize the County's eligibility to receive public safety sales tax revenue. ATTACHMENTS FY 2019/20 MOE Certification Form 2019-20 MOE Calculation Worksheet (Form A) 2019-20 MOE Base Year Calculation (Form C) Auditor-Controller CONTRA COSTA COUNTY AB2788 (Chapter 866/94) Maintenance of Effort Certification Form Name of County: Contra Costa Fiscal Year of Certification: 2019/20 AB2788 Maintenance of Effort (MOE) Calculation: Line 1: Total Public Safety Adopted Budget 330,740,539.00 (Amount of Line 4.1 from Form A) Line 2: Public Safety MOE 136,174,419.37 (Amount of Line 3.2 from Form A) Line 3: Difference (Amount of Line 1 minus Line 2) Over/(Under) AB2788 MOE Requirements 194,566,119.63 (*Enter this amount below.) Certification Statement: I hereby certify that the County of Contra Costa is /under (please circle one) the AB2788 Maintenance of Effort requirements concerning the use of Proposition 172 revenues in the amount of *194,566,119.63 . Forms A and C are submitted in support of this calculation. Detailed records concerning this calculation are available upon request and will be retained. Signature of County Official: ________________________ Date Signed: ___________________________________ over Form A: AB2788 MOE Calculation Worksheet Contra Costa 2019/20 Step #1: Public Safety Services as Previously Defined In 1994/95, the County established their definition of public safety services consistent with Government Code Section 30052. Listed below are all departments included in this definition. District Attorney Health Detention-Inmates Probation Public Defender Sheriff (including Coroner) Step #2: Growth Adjusted Base Year The County determined the AB2788 base year amount in 1994/95 on Form B by using the 1992/93 adopted budget for all defined public safety departments. Line 2.1: Total Base Year Forward 132,995,899.68 (Adjusted AB2788 Base Amount from Prior Year Form A, Line 3.2) Step #3: New Base Amount for Local Agency AB2788 includes a growth factor provision equal to the previous years' growth in Proposition 172 revenues. The Auditor-Controller's Office will provide cities and counties with this amount. If appropriate, this amount should be added to the AB2788 Base Year. Line 3.1: Growth Amount 3,178,519.69 Line 3.2: Total Base Amount for Local Agency 136,174,419.37 (Total of lines 2.1 and 3.1) Step #4: Determine AB2788 Public Safety Budget for Certification Year The County should determine the AB2788 Public Safety Budget for the Certification year. The same departments and adjustments that were included in the AB2788 base year calculation have been entered on Form C. Please complete Form C to provide the following: Line 4.1: Total AB2788 Public Safety Budget 330,740,539.00 Step #5: AB2788 Maintenance of Effort (MOE) Calculation Please complete the AB2788 Certification Form using the above information. The calculation would be as follows: Line 1 of the Certification Form Take the amount of Line 4.1, Form A Line 2 of the Certification Form Less the amount of LIne 3.2, Form A Line 3 of the Certification Form Equals the amount over/(under) AB2788 MOE requirement. Form A Form C: AB2788 Maintenance-of-Effort (MOE) Base Year Calculation Certification Year: 2019/20 CONTRA COSTA COUNTY Please complete the following Form to calculate the AB2788 MOE base year. Describe all AB2788 adjustments in the space provided below. Public Safety Certification Year Adjusted AB2788 Department Adopted Budget (1)(2)(3)(4)(5)(6)(7)(8)(9)(10)Certification Year District Attorney (0242)45,960,002 60,000 10,000 6,234,978 464,280 200,000 1,559,735 37,431,009 Probation (0308)35,223,184 8,266,540 115,216 26,841,428 Probation (0309)31,275,256 9,821,854 21,453,402 Probation (0310)8,206,000 2,100,000 6,106,000 Public Defender (0243)31,399,244 4,646,667 26,752,577 Sheriff (0255)129,787,928 0 150,000 2,921,914 18,387,400 108,328,614 Sheriff Contract Services (0277)21,437,371 21,437,371 0 Sheriff Detention (0300)85,120,066 2,335,649 9,448,474 280,115 73,055,828 Sheriff-Coroner (0359)3,386,000 3,386,000 Hlth Detention Inmates (0301)27,435,681 50,000 27,385,681 Total 419,230,732 2,445,649 160,000 41,340,427 464,280 21,437,371 18,587,400 2,100,000 1,559,735 395,331 0 330,740,539 Enter amount on AB2788 MOE Adjustments:Comments: Form A, Line 4.1 (1)Fixed Assets, Lease Purchases & Debt Service (2)POST (3)Grants (4)Transfers/Recording Fees for Real Estate Fraud (5)Court Security, Hospital Security, EHS Security (6)Contracts with Other Jurisdictions (7)State Aid & Fed Aid Placement (8)Narcotics, Environmental, Fraud Forfeitures/Damages (9)STC Reimbursement Completed By: Paul Reyes, Senior Deputy County Administrator Phone:(925) 335-1096 Date:3/5/2020 AB 2788 Adjustments RECOMMENDATION(S): Receive the Sheriff-Coroner’s FY 2018/2019 Annual P-6 Zone Deployment Report, from the County Service Area (CSA) P-6 Zone Central Administrative Base (CAB) Fund to provide extended police protection services in certain unincorporated county areas and partially fund the Sheriff’s Helicopter Program, as required by P-6 Zone CAB Formation Board Order of April 19, 1998. FISCAL IMPACT: Funded 100% by CSA P-6 CAB Fund (Fund No. 262900). Total costs of $1,464,179 were expended in 2018/2019. BACKGROUND: The Office of the Sheriff annually reviews funding for CSA P-6 Zones county-wide and implemented and budgeted the following expenditures for fiscal year 2018/2019 : Discovery Bay: CSA P-6 Zones in the Discovery Bay area generate $755,459 per year. Costs for personnel currently assigned to Discovery Bay (2 Deputy Sheriffs, 1 Sheriff’s Specialist and 1 Sheriff Community Service Officer), vehicle and supplies are $1,110,329. This will require the expenditure of funds from the P-6 CAB Fund. Discovery Bay zones currently have accumulated approximately $2,099,101 in reserve funding located in the CSA P-6 Central Administrative Base Fund (Fund No. 262900). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Liz Arbuckle 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.122 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:March 10, 2020 Contra Costa County Subject:Receive the Sheriff-Coroner's FY 2018-2019 Annual P-6 Zone Deployment Report BACKGROUND: (CONT'D) Bay Point: CSA P-6 Zones in the Bay Point Area generate $197,838 per year. Costs for personnel assigned to Bay Point (1 Deputy Sheriff), vehicle and supplies are $267,387. North Richmond/San Pablo: CSA P-6 zones in the North Richmond/San Pablo area generate $80,461 per year. North Richmond/San Pablo zones partially fund 1 Deputy Sheriff, vehicle and supplies at $26,538 annually. STARR 1 Helicopter Program: As in past years, we augmented State Supplemental Law Enforcement Services Fund funding to operate the helicopter program without the use of County General Funds, using $58,758 of P-6 Zone Funds for this purpose. Administrative Expenses: Assessment and Investment expenses, zone closing expenses and election charges for all the zones. Total cost of $1,167 CONSEQUENCE OF NEGATIVE ACTION: Negative action would result in the displacement of existing personnel assigned to the communities of Discovery Bay, Bay Point, North Richmond/San Pablo and Pacheco. The Sheriff’s STARR 1 helicopter may have reduced flight hours depending on revenue streams from other sources. RECOMMENDATION(S): ADOPT Resolution No. 2020/80 updating and reaffirming the County Debt Management Policy. FISCAL IMPACT: No specific fiscal impact. BACKGROUND: On December 7, 2006 the Finance Committee reviewed and discussed a report regarding establishing a County Debt Management Policy. The Committee directed staff to report to the full Board on December 19, 2006 the recommendation to adopt a formal County Debt Management Policy. A formal policy was adopted on December 19, 2006 (Resolution No. 2006/773). The Board of Supervisors has worked exceptionally hard to address the County’s financial issues and has set very ambitious and necessary goals for lowering cost growth, balancing the budget, and increasing reserves. These solutions are aimed at addressing both short and long term needs and improving the County’s future ability to maintain public services. The four financial policy areas that have contributed significantly to the Board's goals are the following: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Timothy Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.123 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:ADOPT Resolution No. 2020/80 reaffirming and authorizing updates to the County Debt Management Policy BACKGROUND: (CONT'D) Budget Policy (established November 2006) General Fund Reserve Policy (established December 2005) Facilities Maintenance (included in Budget Policy) Debt Management Policy (established December 2006) The Debt Management Policy establishes debt affordability standards that help the County to evaluate when, why, and how much debt should be issued. In addition, the Debt Management Policy: Establishes parameters for issuing and managing debt; Provides guidance to decision makers so as not to exceed the debt affordability standards; Directs staff on objectives to be achieved both pre- and post-issuance; Promotes objectivity in decision-making and limits the role of political influence; Describes responsibilities for Continuing Disclosure and Post-Issuance Tax compliance policies and procedures; and Facilitates the process by considering and making important policy decisions in advance of an actual financing. Periodically, policies should be revised to keep current with best practices or changes in law. The Debt Affordability Advisory Committee (DAAC) reviews the existing Debt Management Policy on an annual basis and makes recommendations for revisions to the Board of Supervisions. The DAAC met on February 25, 2020 and reviewed proposed amendments to the Debt Mangement Policy and is recommending updates. Specifically, there are three primary updates to the policy and it's appendices for the Board's consideration at today's meeting: Debt Management Policy. The general Debt Management Policy document includes only minor updates to the cover page and more substanative changes are recommended for Appendices 3, 4 and 5 as discussed below. 1. Appendix 3, "Continuing Disclosure Procedures." This Appendix has been updated to reflect the following: Article III, Section 2. Realigning duties of the Disclosure Representatives and Disclosure Coordinators to reflect current practice. Article III, Section 4. Realigning duties of the Disclosure Representatives and Disclosure Coordinators to reflect current practice. Also, clarifies that the Disclosure Coordinator is responsible for reviewing Listed Events to determine whether an event has occured that may require filing of an Event Notice. Article VIII, Sections 1 and 2. Updates retention policy from five years to seven years following maturity of the bonds. 2. Appendix 4, "Financing Policies for Community Facilities Districts". Section IV(D). Removes requirement for a third party guarantee for developers owning or leasing property within a CFD, which is responsible for 20% of the special taxes levied within the CFD. Section X(B). Removes discretion of the County to require additional disclosure to subsequent purchasers of property within a CFD and related lien obligations created by a special tax. 3. Section XI . Eliminates a minimum requirement that refunding of a CFD financing must result in the principal amount of bonds outstanding including an prepayment that have been received prior to the refunding transaction. Ministerial updates. Other ministerial updates were made including to formatting of the document and clarifications to existing language for the benefit of the reader. Appendix 5, "Multifamily Mortgage Revenue Bond Program". Section II. Adds for the ability to finance projects that include single room occupancy in certain cases. Eliminates the need to obtain a waiver from the California Debt Limit Advisory Committee (CDLAC) for projects over $50 million. Ministerial updates. Other ministerial updates were made including to formatting of the document and clarifications to existing language for the benefit of the reader. 4. CONSEQUENCE OF NEGATIVE ACTION: The policy will not be formally updated and reaffirmed by the Board. AGENDA ATTACHMENTS Resolution 2020/80 Resolution No. 2020/80 - County Debt Management Policy, March 2020 MINUTES ATTACHMENTS Signed Resolution No. 2020/80 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/80 IN THE MATTER OF: REAFFIRMING AND AUTHORIZING UPDATES TO THE COUNTY DEBT MANAGEMENT POLICY WHEREAS, the Contra County County Board of Supervisors, acting in its capacity as the Governing Board of the County of Contra Costa and for Special Districts, Agencies and Authorities governed by the Board wishes to reaffirm and authorize updates its Debt Management Policy, currently adopted as Resolution No. 2019/37 NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors, acting in its capacity as the Governing Board of the County of Contra Costa and for Special Districts, Agencies and Authorities governed by the Board, takes the following actions: Reaffirms its commitment to prudent debt management practices; and1. Adopts Resolution No. 2020/80, including the County Debt Management Policy as attached; and2. This Resolution supercedes and replaces Resolution No 2019/37 in full.3. Contact: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Contra Costa County, California Debt Management Policy County Administration 651 Pine Street, 10th Floor Martinez, California 94553 Lisa Driscoll County Finance Director 925-335-1023 lisa.driscoll@cao.cccounty.us Resolution No. 2020/80 Resolution No. 2019/37 Resolution No. 2018/108 Resolution No. 2017/110 Resolution No. 2016/111 Resolution No. 2015/308 Resolution No. 2015/245 Resolution No. 2015/113 Resolution No. 2014/77 Resolution No. 2012/333 Resolution No. 2006/773 DEBT MANAGEMENT POLICY TABLE OF CONTENTS I. Purpose 1 II. Debt Affordability Advisory Committee 1 III. Comprehensive Capital Planning 2 IV. Planning and Structure of County Indebtedness 2 V. Method of Sale 4 VI. Refinancing of Outstanding Debt 5 VII. Credit Ratings 6 VIII. Management Practices 6 Government Finance Officers Association: Checklist of Debt Policy Considerations Appendix 1 Post-Issuance Tax Compliance Procedures for Tax Exempt and Tax-Advantaged Bonds Appendix 2 Continuing Disclosure Procedures Appendix 3 Community Facilities Districts Appendix 4 Multifamily Mortgage Revenue Bond Program Policies and Procedures Appendix 5 Successor Agency to the former Contra Costa County Redevelopment Agency Appendix 6 Policies and Procedures - i - 1 Contra Costa County, California Debt Management Policy I. PURPOSE: The County recognizes the foundation of any well-managed debt program is a comprehensive debt policy. A debt policy sets forth the parameters for issuing debt and managing outstanding debt and provides guidance to decision makers regarding the timing and purposes for which debt may be issued, types and amounts of permissible debt, method of sale that may be used and structural features that may be incorporated. The debt policy should recognize a binding commitment to full and timely repayment of all debt as an intrinsic requirement for entry into the capital markets. Adherence to a debt policy helps to ensure that a government maintains a sound debt position and that credit quality is protected. Advantages of a debt policy are as follows: • enhances the quality of decisions by imposing order and discipline, and promoting consistency and continuity in decision making, • provides rationality in the decision-making process, • identifies objectives for staff to implement, • demonstrates a commitment to long-term financial planning objectives, and • is regarded positively by the rating agencies in reviewing credit quality. II. DEBT AFFORDABILITY ADVISORY COMMITTEE A. Purpose. By adoption of this Debt Policy, the Debt Affordability Advisory Committee is established. Its purpose is to annually review and evaluate existing and proposed new County debt and other findings and/or issues the committee considers appropriate. It is the task of this committee to assess the County’s ability to generate and repay debt. The committee will issue an annual report to the County Administrator defining debt capacity of the County. This review will be an important element of the budget process and will include recommendations made by the committee regarding how much new debt can be authorized by the County without overburdening itself with debt service payments. B. Members. The committee shall be composed of the Auditor-Controller, Treasurer-Tax Collector, Director/Conservation and Development Department, and County Finance Director. C. Debt Affordability Measures. The committee shall examine specific statistical measures to determine debt capacity and relative debt position and compare these ratios to other counties, rating agency standards and Contra Costa County’s historical ratios to determine debt affordability. From Moody’s Investors Service, the committee will evaluate the County against the following debt ratios from the most recent available national medians for counties in the “Aa” rating tier with populations of at least 1 million: 1. Direct net debt as a percentage of Assessed Valuation; 2. Overall net debt as a percentage of Assessed Valuation; 3. Assessed Valuation per-capita; 4. Available general fund balance as a percentage of revenues; and 5. General fund balance as a percentage of revenues. From Standard and Poor’s, the committee will evaluate the County against the following debt ratios from the most recent available national medians for counties in the “AAA” rating tier: 2 1. Assessed valuation per-capita; 2. Direct debt as percentage of governmental funds revenue; 3. Total government available cash as a percentage of debt service; 4. Total government available cash as a percentage of expenditures; and 5. Total debt service as a percentage of general fund expenditures. The Advisory Committee also evaluates the County against a group of cohort counties, namely, other large, urban counties in California. The Advisory Committee utilizes each respective cohort county’s most recently available CAFR to measure the County’s comparative performance on the various debt measures calculated by Moody’s and S&P as noted above, and also against the additional ratios below: 1. Direct debt per capita; and 2. Debt payments as a percentage of general fund revenues. III. COMPREHENSIVE CAPITAL PLANNING A. Planning. The County Administrator’s Office shall prepare a multi-year capital program for consideration and adoption by the Board of Supervisors as part of the County’s budget process. Annually, the capital budget shall identify revenue sources and expenditures for the coming current year and the next succeeding three fiscal years. The plan shall be updated annually. B. Funding of the Capital Improvement Program. Whenever possible, the County will first attempt to fund capital projects with grants or state/federal funding, as part of its broader capital improvement plan. When such funds are insufficient, the County will use dedicated revenues to fund projects. If these are not available, the County will use excess surplus from the reserve and debt financing, general revenues. The County shall be guided by three principles in selecting a funding source for capital improvements: equity, effectiveness and efficiency. 1. Equity: Whenever appropriate, the beneficiaries of a project or service will pay for it. For example, if a project is a general function of government that benefits the entire community, such as an Office of Emergency Services, the project will be paid for with general purpose revenues or financed with debt. If, however, the project benefits specific users, such as a building permit facility, the revenues will be derived through user fees or charges, and assessments. 2. Effectiveness: In selecting a source or sources for financing projects, the County will select one or more that effectively funds the total cost of the project. For example, funding a capital project, or the debt service on a project, with a user fee that does not provide sufficient funds to pay for the project is not an effective means of funding the project. 3. Efficiency: If grants or current revenues are not available to fund a project, the County will generally select a financing technique that provides for the lowest total cost consistent with acceptable risk factors and principals of equity and effectiveness. These methods currently consist of County issued debt, special funding programs funded by state or federal agencies, or special pool financing. Examples include funding pools like the Association of Bay Area Governments Participation Certificates. 3 C. Maintenance, Replacement and Renewal/FLIP. The County intends to set aside sufficient current revenues to finance ongoing maintenance needs and to provide periodic replacement and renewal consistent with its philosophy of keeping its capital facilities and infrastructure systems in good repair and to maximize a capital asset’s useful life. D. Debt Authorization. No County debt issued for the purpose of funding capital projects may be authorized by the Board of Supervisors unless an appropriation has been included in the capital budget (Some forms of debt such as Private Activity Bonds for housing, Mello-Roos for infrastructure, and redevelopment bonds for infrastructure/facilities may not be appropriate for inclusion in the County capital improvement program. The policies for such forms of debt are included as Appendixes 4, 5, and 6). IV. PLANNING AND STRUCTURE OF COUNTY INDEBTEDNESS A. Overview. The County shall plan long- and short-term debt issuance to finance its capital program based on its cash flow needs, sources of revenue, capital construction periods, available financing instruments and market conditions. The County Finance Director shall oversee and coordinate the timing, issuance process and marketing of the County’s borrowing and capital funding activities required in support of the capital improvement plan. The County shall finance its capital needs on a regular basis dictated by its capital spending pattern. Over the long-term this policy should result in a consistently low average interest rate. When market conditions in any one year result in higher than average interest rates, the County shall seek refinancing opportunities in subsequent years to bring such interest rates closer to the average. The Debt Affordability Advisory Committee shall use the Government Financial Officers Association checklist set forth in Appendix 1 hereto in planning and structuring any debt issuances. B. Financing Team. The County employs outside financial specialists to assist it in developing a debt issuance strategy, preparing bond documents and marketing bonds to investors. The key team members in the County’s financing transactions include its financial advisor and outside bond and disclosure counsel, the underwriter and County representatives (the County Auditor-Controller, Treasurer-Tax Collector, and the County Finance Director, among others). Other outside firms, such as those providing paying agent/registrar, trustee, credit enhancement, verification, escrow, auditing, or printing services, are retained as required. The County will issue Requests for Qualifications (RFQs) for financial advisor, bond & tax counsel, disclosure counsel and underwriters every three years, with the option to renew for a maximum of two additional years. The financing team shall meet at least semi-annually to review the overall financing strategy of the County and make recommendations to the County Administrator. C. Term of Debt Repayment. Borrowings by the County shall mature over a term that does not exceed the economic life of the improvements that they finance and usually no longer than 20 years, unless special structuring elements require a specific maximum term to maturity, as is the case with pension obligation bonds. The County shall finance improvements with a probable useful life less than five years using pay-go funding for such needs. Bonds sold for the purchase of equipment with a probable useful life exceeding five years are repaid over a term that does not exceed such useful life. D. Legal Borrowing Limitations/Bonds and other indebtedness. California Government Code Section 29909 limits General Obligation Bond indebtedness to five percent of the total assessed valuation of all taxable real and personal property within the County, excluding Public Financing Authority lease revenue bonds, Private Activity Bond, Mello-Roos special tax, and Assessment District Debt for which no legal limitations are currently in effect. 4 E. Debt Features. 1. Original issue discount or premium. The County’s bonds may be sold at a discount or premium, in order to achieve effective marketing, achieve interest cost savings or meet other financing objectives. The maximum permitted discount is stated in the Notice of Sale accompanying the County’s preliminary official statement on the Bond Purchase Agreement, as applicable. 2. Debt service structure/Level Debt Service. The County shall primarily finance its long-lived municipal improvements over a 20-year term or less, on a level debt service basis. This policy minimizes long-run impact on a funding department’s budget. The County will seek to continue this practice, unless general fund revenues are projected to be insufficient to provide adequately for this debt service structure. 3. Call provisions. The County shall seek to minimize the protection from optional redemption given to bondholders, consistent with its desire to obtain the lowest possible interest rates on its bonds. The County’s tax-exempt bonds are generally subject to optional redemption. The County seeks early calls at low or no premiums because such features will allow it to refinance debt more easily for debt service savings when interest rates drop. The County and its financial advisor shall evaluate optional redemption provisions for each issue to assure that the County does not pay unacceptably higher interest rates to obtain such advantageous calls. The County shall not sell derivative call options. 4. Interest rates. The County shall first consider the use of fixed-rate debt to finance it capital needs, except for short-term needs (such as short-lived assets) that will be repaid or refinanced in the near term; and may consider variable rate debt under favorable conditions. F. Other Obligations Classified as Debt/Other Post-Employment Benefits (OPEB)/Vested Vacation Benefits. OPEBs and vacation benefits are earned by County employees based on time in service. The County records these vacation benefits as earned in accordance with generally accepted accounting principles as established by the Governmental Accounting Board (GASB). The liability for the benefit is recorded on the Fund level financial statements. The expense is recorded during the conversion to the Government Wide financial statements in accordance with GASB standards. For Enterprise funds the expense and liability are accrued in the respective funds. In this initial policy, the amount of OPEB and vacation benefits will not be in measures used to evaluate the County’s debt affordability. However, the County’s net OPEB obligation is posted to the County’s balance sheet. V. METHOD OF SALE. The County will select a method of sale that is the most appropriate in light of financial, market, transaction-specific and County-related conditions, and explain the rationale for its decision. A. Competitive Sales. Debt obligations are generally issued through a competitive sale. The County and its financial advisor will set the terms of the sale to encourage as many bidders as possible. By maximizing bidding, the County seeks to obtain the lowest possible interest rates on its bonds. Some of the conditions that generally favor a competitive sale include: 1. the market is familiar with the County; 2. the County is a stable and regular borrower in the public market; 3. there is an active secondary market with a broad investor base for the County’s bonds; 4. the issue has a non-enhanced credit rating of A or above or can obtain credit enhancement prior to the competitive sale; 5. the debt structure is backed by the County’s full faith and credit or a strong, known or historically performing revenue stream; 6. the issue is neither too large to be easily absorbed by the market nor too small to attract 5 investors without a concerted sale effort; 7. the issue does not include complex or innovative features or require explanation as to the bonds’ security; 8. the issue can be sold and closed on a schedule that does not need to be accelerated or shortened for market or policy reasons; and 9. interest rates are stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. B. Negotiated Sales. When certain conditions favorable for a competitive sale do not exist and when a negotiated sale will provide significant benefits to the County that would not be achieved through a competitive sale, the County may elect to sell its debt obligations through a private placement or negotiated sale, upon approval by the County Board of Supervisors. Such determination shall be made on an issue-by-issue basis, for a series of issues, or for part or all of a specific financing program. The following practices are recommended to be observed in the event of a negotiated sale: 1. ensure fairness by using a competitive underwriter selection process through a request for proposals distributed to the established underwriter pool so that multiple proposals are considered; 2. remain actively involved in each step of the negotiation and sale processes to uphold the public trust; 3. ensure that either an employee of the County and an outside professional other than the issue underwriter, who is familiar with and abreast of the condition of the municipal market, is available to assist in structuring the issue, pricing, and monitoring sales activities; 4. require that the financial advisor used for a particular bond issue not act as underwriter of the same bond issue; 5. require that financial professionals disclose the name or names of any person or firm, including attorneys, lobbyists and public relations professionals compensated in connection with a specific bond issue; 6. request all financial professionals submitting joint proposals or intending to enter into joint accounts or any fee-splitting arrangements in connection with a bond issue to fully disclose to the County any plan or arrangements to share tasks, responsibilities and fees earned, and disclose the financial professionals with whom the sharing is proposed, the method used to calculate the fees to be earned, and any changes thereto; and 7. review the “Agreement among Underwriters” and insure that it is filed with the County and that it governs all transactions during the underwriting period. VI. REFINANCING OF OUTSTANDING DEBT. The County may undertake refinancing of outstanding debt under the following circumstances: A. Debt Service Savings. The County may refinance outstanding long-term debt when such refinancing allows the County to realize significant debt service savings (2% minimum by maturity and a minimum 4% savings overall ) without lengthening the term of refinanced debt and without increasing debt service in any subsequent fiscal year. The County may also consider debt refinancing when a primary objective would be the elimination of restrictive covenants that limit County operations. B. Defeasance. The County may refinance outstanding debt, either by advance refunding to the first call or by defeasance to maturity, when the public policy benefits of replacing such debt outweigh the costs associated with new issuance as well as any increase in annual debt service. VII. CREDIT RATINGS A. Rating Agency Relationships. The County Finance Director, or designee, is responsible for maintaining relationships with the rating agencies that assign ratings to the County’s various debt 6 obligations. This effort includes providing periodic updates on the County’s general financial condition along with coordinating meetings and presentations in conjunction with a new debt issuance. B. Quality of Ratings. The County shall request ratings prior to the sale of securities from at least two major rating agencies for public issuances of municipal bonds. Currently, there are three major rating agencies providing ratings to municipal issuers, including Moody’s Investors Service (“Moody’s), Standard & Poor’s Global Ratings (S&P) and Fitch Ratings. The County is currently rated by Moody’s and S&P. The County shall provide a written and/or oral presentation to the rating agencies to help each credit analyst make an informed evaluation of the County’s financial condition and to present details of the proposed issuance. The County shall make every reasonable effort to maintain its implied general obligation bond credit ratings. The County may, on a case by case basis, decide to obtain one or no ratings prior to a bond issuance if, after consulting with its financial advisor, bond counsel and disclosure counsel, it is determined that this is in the best interest of the County. VIII. MANAGEMENT PRACTICES. The County has instituted sound management practices and will continue to follow practices that will reflect positively on it in the rating process. Among these are the County development of and adherence to long-term financial and capital improvement plans, management of expense growth in line with revenues and maintenance of an adequate level of operating reserves. A. Formal Fiscal Policies. The County shall continue to establish, refine, and follow formal fiscal policies such as: Investment Policy, General Fund Reserve Policy, Budget Policy, and this Debt Management Policy. B. Rebate Reporting and Continuing Covenant Compliance. The County Finance Director, or designee, is responsible for maintaining a system of record keeping and reporting to meet the arbitrage rebate compliance requirements of the federal tax code and/or contracting for such service. This effort includes tracking investment earnings on debt proceeds, calculating rebate payments in compliance with tax law, and remitting any rebatable earnings to the federal government in a timely manner in order to preserve the tax- exempt status of the County’s outstanding debt issues. Additionally, general financial reporting and certification requirements embodied in bond covenants are monitored to ensure that all covenants are complied with. C. Reporting Practices. The County will comply with the standards and best practices of the Government Finance Officers Association for financial reporting and budget presentation and the disclosure requirements of federal regulatory agencies including the Securities and Exchange Commission and Internal Revenue Service; state agencies charged with the regulation of municipal securities, including the State Treasurer’s Office; and self-regulatory organizations such as the Municipal Standards Rulemaking Board. D. Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax-Advantaged Bonds. To assure it manages its debt obligations in accordance with all federal tax requirements, the County will comply with the Post-Issuance Tax Compliance Procedures for Tax-Exempt and Tax- Advantaged Bonds, as set forth in Appendix 2 to this Policy. E. Continuing Disclosure Procedures. To assure it manages its debt obligations in accordance with the terms of Continuing Disclosure Agreements included in individual bond issuances and federal and state regulations, the County has adopted policies and procedures set forth in Appendix 3 hereto. APPENDIX 1 GOVERNMENT FINANCE OFFICERS ASSOCIATION Checklist of Debt Policy Considerations 1. How long is the capital planning period? 2. Have all non-debt sources of funds been considered? 3. How are borrowing plans reviewed internally? 4. What level of debt is manageable in order to maintain or improve the government’s credit quality? 5. How much “pay-as-you-go” financing should be included in the capital plan? 6. How much short-term borrowing will be undertaken, including both operating and capital borrowings? 7. How much debt will be issued in the form of variable-rate securities? 8. How does the redemption schedule for each proposed issue affect the overall debt service requirements of the government? 9. What types of affordability guidelines will be established to help monitor and preserve credit quality? 10. What provisions have been made to periodically review the capital plan and borrowing practices? 11. What is the overlapping debt burden on the taxpayer? 12. How will the formal debt policies be integrated into the capital planning and funding process? 1 Appendix 2 County of Contra Costa Post-Issuance Tax Compl iance Procedures for Tax-Exempt and Direct Pay Bonds ARTICLE I - PURPOSE ………………………………………….......................................................................... 2 ARTICLE II - GENERAL PRINCIPLES ................................................................................................................ 2 ARTICLE III - POST-ISSUANCE COMPLIANCE REQUIREMENTS …………………………...………….... 2 Section 1. Timely Reporting of Final Sale ...................................................................................................... 2 Section 2. California Debt and Investment Advisory Commission (CDIAC) ................................................ 2 Section 3. Internal Revenue Services (IRS) .................................................................................................... 2 ARTICLE IV - EXTERNAL ADVISORY AND DOCUMENTATION .................................................................. 3 Section 1. General ........................................................................................................................................... 3 Section 2. Oversight ........................................................................................................................................ 3 Section 3. External Advisors ........................................................................................................................... 3 ARTICLE V - ROLE OF COUNTY AS BOND ISSUER ........................................................................................ 3 Section 1. Custody of Bond Proceeds.............................................................................................................. 3 Section 2. Arbitrage Rebate and Yield ............................................................................................................ 3 Section 3. Use of Bond Proceeds ...…………………………………………………………………………. 4 ARTICLE VI - RECORD RENTENTION POLICY ................................................................................................. 4 Section 1. General Policy ................................................................................................................................ 4 Section 2. Electronic Records Retention ......................................................................................................... 5 Section 3. Department Retention Policies Superseded ................................................................................... 5 ARTICLE I 2 h PURPOSE The purpose of these Post-Issuance Tax Compliance Procedures is to establish policies and procedures in connection with tax-exempt bonds and other tax-advantaged bonds (such as direct pay “Build America bonds”) (together, the "Bonds") issued by the County of Contra Costa and the County of Contra Costa Public Financing Authority (together, the "County") so as to ensure that the County complies with all applicable post-issuance requirements of federal income tax law needed to preserve the tax-exempt or tax-advantaged status of the Bonds and with certain State law filing requirements. ARTICLE II GENERAL PRINCIPLES Ultimate responsibility regarding post-issuance compliance for all matters relating to County financings and refundings, other than Tax and Revenue Anticipation Notes ("TRANs"), rests with the County Administrator (the "Administrator"). The County Treasurer and County Auditor-Controller are responsible for compliance with respect to TRANs. ARTICLE III POST-ISSUANCE COMPLIANCE FILING REQUIREMENTS Section 1. Timely Reporting of Final Sale. The Administrator and other appropriate County personnel shall file timely any report required by state and federal regulatory agencies notifying those agencies of the final sale of bonds, or receipt of bank loan/private placement proceeds, as required by law. Section 2. California Debt and Investment Advisory Commission (CDIAC) Filings (A) Report of Proposed Debt Issuance. This report details information about the issuer and the bond issuance. This report requires the issuer to certify that it has adopted debt policies concerning the use of debt and that the proposed debt issuance is consistent with those policies. The report is required to be filed no later than 30 days prior to the sale of any debt issue, pursuant to Government Code § 8855. (B) Report of Final Sale. This report details information about the issuer and the bond issuance. The report requires attachment of the Official Statement related to the transaction or other bond documents in the case of a bank loan/private placement. The report is required to be filed within 21 days of closing, pursuant to Government Code § 8855. (C) Special Requirement for Refunding Bonds sold via Negotiated Sale or Private Placement. In addition to the Report of Final Sale identified in Section 2(B) above, if refunding bonds are sold through a negotiated sale or private placement, CDIAC requires submission of a written statement explaining the reasons for not selling those bonds at a public sale or on a competitive basis, as applicable, within 14 days of closing, pursuant to Government Code § 53583(c)(2)(B). Section 3. Internal Revenue Service (IRS) Filings (A) IRS Form 8038-G "Information Return for Tax-Exempt Governmental Obligations”. This filing details information about the issuer and tax-exempt governmental obligations over $100,000. The report is required to be filed no later than the 15th day of the second calendar month after the close of the calendar quarter in which 3 the bond was issued, pursuant to Internal Revenue Code § 149(e). ARTICLE IV EXTERNAL ADVISORY AND DOCUMENTATION Section 1. General. The Administrator and other appropriate County personnel shall consult with bond counsel and other legal counsel and advisors, as needed, throughout the Bond issuance process to identify requirements and to establish procedures necessary or appropriate so that the Bonds will continue to qualify for the appropriate tax status. Those requirements and procedures shall be documented in a County resolution(s), Tax Certificate(s) and/or other documents finalized at or before issuance of the Bonds. Those requirements and procedures shall include future compliance with applicable arbitrage rebate requirements, private use limitations and all other applicable post-issuance requirements of federal tax law throughout (and in some cases beyond) the term of the Bonds. Section 2. Oversight. The Administrator and other appropriate County personnel also shall consult with bond counsel and other legal counsel and advisors, as needed, following issuance of the Bonds to ensure that all applicable post- issuance requirements in fact are met. This shall include, without limitation, consultation in connection with future contracts with respect to the use of Bond-financed assets and future contracts with respect to the use of output or throughput of Bond-financed assets. Section 3. External Advisors. Whenever necessary or appropriate, the County shall engage expert advisors (each a "Rebate Service Provider") to assist in the calculati on of arbitrage rebate payable in respect of the investment of Bond proceeds. ARTICLE V ROLE OF COUNTY AS BOND ISSUER Section 1. Custody of Bond Proceeds. Unless otherwise provided by County resolutions, unexpended Bond proceeds shall: (A) be held by the County, and the investment of Bond proceeds shall be managed by the Administrator. The Administrator shall maintain records and shall prepare regular, periodic statements to the County regarding the investments and transactions involving Bond proceeds; or (B) if a County resolution provides for Bond proceeds to be administered by a trustee, the trustee shall provide regular, periodic (monthly) statements regarding the investments and transactions involving Bond proceeds. Section 2. Arbitrage Rebate and Yield. Unless a Tax Certificate documents that bond counsel has advised that arbitrage rebate will not be applicable to a specific issue of Bonds, the County shall: (A) the County shall engage the services of a Rebate Service Provider, and the County or Trustee of the Bonds shall deliver periodic statements concerning the investment of Bond proceeds to the Rebate Service Provider on a prompt basis; (B) upon request, the Administrator and other appropriate County personnel shall provide to the Rebate Service Provider additional documents and information reasonably requested by the Rebate Service Provider to allow 4 for complete arbitrage rebate and yield restriction analysis; (C) the Administrator, and other appropriate County personnel, shall monitor efforts of the Rebate Service Provider and assure payment of required rebate amounts, if any, no later than 60 days after each ”rebate computation” date of the Bonds (consistent with relevant law and the Tax Certificate for each Bond issue), and no later than 60 days after the last Bond of each issue is redeemed; and (D) during the construction period of each capital project financed in whole or in part by Bonds, the Administrator and other appropriate County personnel shall monitor the investment and expenditure of Bond proceeds and shall consult with the Rebate Service Provider to determine compliance with any applicable exceptions from the arbitrage rebate requirements during each 6-month spending period up to 6 months, 18 months or 24 months, as applicable, following the issue date of the Bonds. Section 3. Use of Bond Proceeds. The Administrator, and other appropriate County personnel, shall: (A) monitor the use (for this purpose, use means any arrangement including operating contracts, leases and licenses) of Bond proceeds, the use of Bond-financed assets (e.g., facilities, furnishings or equipment) and the use of output or throughput of Bond-financed assets throughout the term of the Bonds (and in some cases beyond the term of the Bonds) to ensure compliance with covenants and restrictions set forth in applicable County resolutions and Tax Certificates; (B) maintain records identifying the assets or portion of assets that are financed or refinanced with proceeds of each issue of Bonds; (C) consult with Bond Counsel and other professional expert advisers in the review of any contracts, leases, licenses or arrangements involving use of Bond-financed facilities to ensure compliance with all covenants and restrictions set forth in applicable County resolutions and Tax Certificates; (D) maintain records for any contracts, leases, licenses or arrangements involving the use of Bond- financed facilities as might be necessary or appropriate to document compliance with all covenants and restrictions set forth in applicable County resolutions and Tax Certificates; (E) meet at least annually with personnel responsible for Bond-financed assets to identify and discuss any existing or planned use of Bond-financed, assets or output or throughput of Bond-financed assets, to ensure that those uses are consistent with all covenants and restrictions set forth in applicable County resolutions and Tax Certificates. ARTICLE VI RECORD RETENTION POLICY Section 1. General Policy. Unless otherwise specified in applicable County resolutions or Tax Certificates, the County shall maintain the following documents for the term of each issue of Bonds (including refunding Bonds, if any) plus five years, or longer if contemplated by a Tax Certificate for a specific issuance: (A) a copy of the Bond closing transcript(s) and other relevant documentation delivered to the County at or in connection with closing of the issue of Bonds; (B) a copy of all material documents relating to capital expenditures financed or refinanced by Bond proceeds, including (without limitation) construction contracts, purchase orders, invoices, trustee requisitions and 5 payment records, as well as documents relating to costs reimbursed with Bond proceeds and records identifying the assets or portion of assets that are financed or refinanced with Bond proceeds; (C) a copy of all contracts and arrangements involving private use of Bond-financed assets or for the private use of output or throughput of Bond-financed assets; and (D) copies of all records of investments, investment agreements, arbitrage reports and underlying documents, including trustee statements. Section 2. Electronic Records Retention. The records outlined above may be retained through an electronic database that meets the requirements of section 4.01 of IRS Revenue Procedure 97-22, incorporated herein by reference, including any updates or successor regulations. County Departments responsible for maintaining records outlined above that choose to retain those records electronically shall coordinate with the Chief Information Officer to ensure that the information technology system used to store those documents satisfies the requirements outlined in by section 4.01 of IRS Revenue Procedure 97-22. Section 3. Department Retention Policies Superseded. This countywide record retention policy related to the County’s debt management program supersedes any departmental document retention policies that may relate to the records indicated above. APPENDIX 3 COUNTY OF CONTRA COSTA CONTINUING DISCLOSURE PROCEDURES ARTICLE I - DEFINITIONS ………….………………………......................................................... 2 ARTICLE II - GENERAL PRINCIPLES ............................................................................................. 4 ARTICLE III - DISCLOSURE REPRESENTATIVES AND COORDINATORS …….………...... 4 Section 1. Appointment of Disclosure Representative .......................................................................... 4 Section 2. Duties of the Disclosure Representative …........................................................................... 4 Section 3. Appointment of Disclosure Coordinator …........................................................................... 4 Section 4. Duties of the Disclosure Coordinator …................................................................................ 4 ARTICLE IV - LISTED EVENTS REQUIREMENTS ...................................................................... 5 Section 1. General. ................................................................................................................................ 5 Section 2. Listed Events for Bonds Issued Prior to December 1, 2010. ................................................ 5 Section 3. Listed Events for Bonds Issued on December 1, 2010 through February 26, 2019.............. 6 Section 4. Listed Events for Bonds Issued on and after February 27, 2019 …...……………………....7 ARTICLE V - ANNUAL REPORT REQUIREMENTS ...................................................................... 9 Section 1. General………....................................................................................................................... 9 Section 2. Financial Statements …………………………………………….......................................... 9 ARTICLE VI - FILING AND NOTICE REQUIREMENTS .............................................................. 9 Section 1. Annual Reports and Event Notices. ....................................................................................... 9 Section 2. California Debt and Investment Advisory Commission......................................................... 9 Section 3. Required Notices. .................................................................................................................. 9 ARTICLE VII - VOLUNTARY DISCLOSURES ................................................................................... 10 ARTICLE VIII - DOCUMENT RETENTION POLICY ..................................................................... 10 Exhibit A: County and Authority Outstanding Debt .......................................................................... A-1 Exhibit B: Required Information for Annual Reports for County and Authority............................... B-1 2 ARTICLE I DEFINITIONS The following capitalized terms shall have the following meanings in these Procedures: “Agency” shall mean the Successor Agency to the former Redevelopment Agency of Contra Costa County. “Annual Report” shall mean any annual report to be filed by the County or the Authority in connection with its obligations under any Continuing Disclosure Certificate executed in accordance with Rule 15c2-12 under the Securities Exchange Act of 1934. “Auditor-Controller” shall mean the Auditor-Controller of the County of Contra Costa. “Authority” shall mean the Contra Costa County Public Financing Authority, a joint exercise of powers authority of which the County of Contra Costa and the Contra Costa County Flood Control and Water Conservation District are members. “Board of Supervisors” shall mean the Board of Supervisors of the County of Contra Costa. “Bonds” shall mean any bonds, certificates of participation, notes or any other evidence of indebtedness issued by or on behalf of the County or the Authority which is subject to Rule 15c2-12. “Bond Insurer” shall mean an issuer of a financial guaranty insurance or municipal bond insurance policy guaranteeing the scheduled payment of principal of and interest on an outstanding issue of Bonds when due. “CDIAC” shall mean the California Debt and Investment Advisory Commission. “Continuing Disclosure Certificate” shall mean each continuing disclosure certificate, undertaking or agreement executed and delivered by the County or the Authority in connection with an issue of Bonds. “County” shall mean the County of Contra Costa, a political subdivision of the State of California. “County Counsel” shall mean an attorney within the Office of the County Counsel of the County of Contra Costa, California. “County Finance Director” shall mean the County Finance Director of the County of Contra Costa in the County Administrator’s Office. “Credit Facility Provider” shall mean a bank providing a direct-pay letter of credit or other security or liquidity instrument in connection with an issue of Bonds which secures the payment of the principal or purchase price, if any, of and interest on an outstanding issue of Bonds when due. “Debt Affordability Advisory Committee” shall mean a committee composed of the Auditor- Controller, Treasurer-Tax Collector, Director of Conservation and Development and the County Finance Director that advise the County Administrator on debt management issues. 3 “Director of Conservation and Development” shall mean the Director of the Department of Conservation and Development of the County of Contra Costa. “Disclosure Coordinator” shall mean the person or persons designated by a Disclosure Representative to assist in taking such action necessary or desirable to comply with the terms of the Continuing Disclosure Certificates, as provided in Article III hereof. “Disclosure Counsel” shall mean a firm of nationally recognized standing in matters pertaining to the disclosure obligations under Rule 15c2-12 of the Securities and Exchange Commission of the United States of America, duly admitted to the practice of law before the highest court of any state of the United States of America. “Disclosure Representatives” shall mean the County Administrator, Director of Conservation and Development and County Finance Director who are collectively responsible for compliance with the terms of the Continuing Disclosure Certificates, as provided in Article III. “EMMA” shall mean the MSRB’s Electronic Municipal Market Access system or any other successor thereto as designated by the SEC or the MSRB. “Event Notice” shall mean any notice of the occurrence of a Listed Event. “Listed Event” shall mean any event described in Article IV hereof. “MSRB” shall mean Municipal Securities Rulemaking Board. “Official Statement” shall mean any Preliminary Official Statement, final Official Statement or any other disclosure document that the County or the Authority prepared in connection with the issuance and sale of any Bonds. “Paying Agent” shall mean any bank, trust company, banking association or financial institution appointed to perform the functions of a paying agent for an issue of Bonds. “Procedures” shall mean these Continuing Disclosure Procedures. “Rating Agency” shall mean each of Moody’s Investor’s Service and Standard & Poor’s Rating Services or any other nationally recognized statistical rating organization registered with the SEC. “Rule 15c2-12” shall mean Rule 15c2-12(b)(5) adopted by the SEC under the Securities Exchange Act of 1934, as the same may be amended from time to time. “SEC” shall mean the United States Securities and Exchange Commission. “Treasurer-Tax Collector” shall mean the Treasurer - Tax Collector of the County of Contra Costa. “Trustee” shall mean the bank, trust company, national banking association or other financial institution appointed as a trustee for an issue of Bonds. 4 ARTICLE II GENERAL PRINCIPLES The County is committed to complete and accurate market disclosure in accordance with the disclosure requirements under the federal securities laws, including rules and regulations promulgated by the SEC and the MSRB. In order to achieve this objective and, in accordance therewith, these Procedures are approved by the Board of Supervisors, as recommended by the Debt Affordability Advisory Committee (DAAC), and may be amended and supplemented from time to time as necessary or desirable, as SEC and MSRB rules are amended, as Bonds mature, or are redeemed, and as Bonds that are subject to Rule 15c2-12 are issued. ARTICLE III DISCLOSURE REPRESENTATIVES AND COORDINATORS Section 1. Appointment of Disclosure Representatives. The County Administrator, Director of Conservation and Development, and County Finance Director are appointed as Disclosure Representatives to fulfill the duties set forth in Section 2 of this Article III. Section 2. Duties of the Disclosure Representatives. (A) The Disclosure Representatives shall: (i) monitor and maintain compliance by the County with its respective Continuing Disclosure Certificates and these Procedures; (ii) serve as the main contact for each Disclosure Coordinator to communicate issues and information that may be included in an Event Notice or an Annual Report; (iii) maintain the lists attached as Exhibits A and B; (iv) receive and file notification from Disclosure Coordinators that necessary Event Notices, Annual Reports, and other information has been timely filed with the EMMA systemand (v) take such other action as may be necessary or useful to achieve the objectives of these Procedures and to comply with all applicable federal securities laws. Section 3. Appointment of Disclosure Coordinator. The Disclosure Representatives shall appoint one or more Disclosure Coordinators from time to time to fulfill the duties set forth in Section 4 of this Article III. The Disclosure Coordinators may work with employees in various County or Authority offices and departments in order to effectively comply with the objectives of these Procedures. Section 4. Duties of the Disclosure Coordinator. 5 (A) The Disclosure Coordinator shall: (i) draft, review and file all proposed Event Notices, Annual Reports, and other information with the EMMA system, in consultation with County Counsel and Disclosure Counsel, as needed, and notify the Disclosure Representative of completed filings. (ii) serve as a contact for County staff to communicate issues and information that may be included in an Event Notice or an Annual Report; (iii) maintain filing records of Event Notices of ListedEvents and Annual Reports filed on the EMMA system; (iv) keep informed regarding all of the County’s public disclosures, including disclosures to Bond Insurers, Credit Facility Providers, Rating Agencies, Trustees, and CDIAC; (v) document the County’s continuing disclosure filings by retaining the documents set forth in Article VIII hereof; and (vi) take such other action as may be necessary or useful to achieve the objectives of these Procedures and to comply with all applicable federal securities laws. (B) In addition to the duties set forth above in Section (A) above, the Disclosure Coordinator shall review the Listed Events regularly to determine whether an event has occurred that may require a filing of an Event Notice. ARTICLE IV LISTED EVENTS REQUIREMENTS Section 1. General. (A) The Continuing Disclosure Certificates entered into by the County or the Authority with respect to Bonds are subject to the following listed events requirements: (i) Continuing Disclosure Certificates entered into prior to December 1, 2010 require Event Notices to be filed upon the occurrence of any event listed in Section 2 of Article IV hereof, if material. Any such Event Notice shall be filed “in a timely manner”. (ii) Continuing Disclosure Certificates entered into on or after December 1, 2010 through February 26, 2019 require Event Notices to be filed upon the occurrence of any event listed in Section 3 of Article IV hereof no later than 10 business days after the occurrence of such Listed Event. (iii) Continuing Disclosure Certificates entered into on or after February 27, 2019 require Event Notices to be filed upon the occurrence of any event listed in Section 4 of Article IV hereof no later than 10 business days after the occurrence of such Listed Event. Section 2. Listed Events for Bonds Issued Prior to December 1, 2010. (A) For Bonds issued prior to December 1, 2010, pursuant to the provisions of the 6 applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the outstanding obligation, if material, in a timely manner: (i) principal and interest payment delinquencies; (ii) non-payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on any credit enhancements reflecting financial difficulties; (v) substitution of any credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax-exempt status of the securities; (vii) modifications to the rights of security holders; (viii) bond calls; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the securities; and (xi) rating changes. Section 3. Listed Events for Bonds Issued on and after December 1, 2010 through February 26, 2019. (A) For Bonds issued on or after to December 1, 2010 through February 26, 2019, pursuant to the provisions of the applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given, notice of the occurrence of any of the following Listed Events within ten (10) business days of the occurrence thereof: (i) principal and interest payment delinquencies; (ii) non-payment related defaults, if material; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; (vii) modifications to rights of security holders, if material; 7 (viii) bond calls, if material, and tender offers; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the securities, if material; (xi) rating changes; (xii) bankruptcy, insolvency, receivership or similar event of the obligated person (Note: For the purposes of this event, the event is considered to occur when any of the following occur: The appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person); (xiii) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material. Section 4. Listed Events for Bonds Issued on and after February 27, 2019. (A) For Bonds issued on or after to February 27, 2019, pursuant to the provisions of the applicable Continuing Disclosure Certificate, the County or Authority shall give, or cause to be given, notice of the occurrence of any of the following Listed Events within ten (10) business days of the occurrence thereof: (i) principal and interest payment delinquencies; (ii) non-payment related defaults, if material; (iii) unscheduled draws on debt service reserves reflecting financial difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity providers, or their failure to perform; (vi) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; 8 (vii) modifications to rights of security holders, if material; (viii) bond calls, if material, and tender offers; (ix) defeasances; (x) release, substitution, or sale of property securing repayment of the securities, if material; (xi) rating changes; (xii) bankruptcy, insolvency, receivership or similar event of the obligated person (Note: For the purposes of this event, the event is considered to occur when any of the following occur: The appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person); (xiii) the consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) appointment of a successor or additional trustee or the change of name of a trustee, if material. (xv) incurrence of a financial obligation of the issuer or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the issuer or obligated person, any of which affect security holders, if material. (xvii) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the issuer or obligated person, any of which reflect financial difficulties. 9 ARTICLE V ANNUAL REPORT REQUIREMENTS Section 1. General Pursuant to the various Continuing Disclosure Certificates, the County and the Authority is required to provide its respective Annual Report with respect to an issue of Bonds by the date set forth in Exhibit B attached hereto. The Disclosure Coordinator shall commence collection of information for each Annual Report at such time as determined necessary or useful in order to timely complete and file the Annual Report. The Disclosure Coordinator shall obtain any information necessary to be included in an Annual Report that is not included in the County’s audited financial statements and is necessary to make the statements contained in the Annual Report not misleading in any material respect. The Annual Report shall include the financial information and other operating data set forth in the respective Continuing Disclosure Certificate as summarized in Exhibit B attached hereto. Section 2. Financial Statements In accordance with the Continuing Disclosure Certificates, if audited financial statements are not available by the date the Annual Report is required to be filed, unaudited financial statements are to be included in such Annual Reports and audited financial statements shall be filed when such statements become available. In addition, the Continuing Disclosure Certificates require the County to file a notice of any failure to provide its Annual Report, on or before the date specified in a Continuing Disclosure Certificate. ARTICLE VI FILING AND NOTICE REQUIREMENTS Section 1. Annual Reports and Event Notices. The Disclosure Representative shall file each Annual Report on such dates as provided in Exhibit B attached hereto and shall file each Event Notice as required pursuant to Article III hereof and the related Continuing Disclosure Certificate. The Disclosure Representative shall submit all filings of Annual Reports and Listed Events through EMMA or any other repository so designated by the MSRB or the SEC, unless the County is otherwise advised by a written opinion of Disclosure Counsel. Section 2. California Debt and Investment Advisory Commission. The Disclosure Representative shall file each periodic report required to be prepared and filed with CDIAC as set forth in statute. This includes, but is not limited to, annual Self-Certifications for direct pay bonds allocated to the County by the State and reports required pursuant to Senate Bill 1029 (Chapter 307, Statutes of 2016) and any subsequent or successor legislation. Section 3. Required Notices. The Disclosure Representative shall file any notice required to be given to any Bond Insurer, Credit Facility Provider, Paying Agent, Rating Agency or Trustee as may be required from time to time. 10 ARTICLE VII VOLUNTARY DISCLOSURES The Disclosure Representative may determine to file voluntary disclosure or information that is not required under the Continuing Disclosure Certificates. The County shall have no obligation to update any voluntary disclosure or information. ARTICLE VIII RECORD RETENTION POLICY Section 1. General In accordance with Article III hereof, the Disclosure Coordinator shall maintain the following documents for the term of each issue of Bonds (including refunding Bonds, if any) plus seven years, or longer if contemplated by a Tax Certificate for a specific issuance. Section 2. Refunded Issuances For refunded bonds, documentation relating to the original issuance and all material records related to the refunding issue should be maintained until seven years, or more if required by a Tax Certificate, after the final redemption of both bond issues. Section 3. Documents to be Retained (A) At a minimum, the following documentation shall be retained for the durations identified in Sections 1 and 2 of this Article VIII: (i) Continuing Disclosure Certificate: (ii) Annual Reports, including any EMMA transmittal letters and filing receipts; (iii) Event Notices, including any EMMA transmittal letters and filing receipts; (iv) CDIAC transmittal letters and filing receipts, including those related to filing of Annual Debt Transaction Reports (ADTRs), pursuant to Senate Bill 1029 (Chapter 207, Statutes of 2016); (v) Rating Agency reports; and (vi) Such other information as the Disclosure Representative determines necessary or useful in accordance with the Continuing Disclosure Certificates. Section 4. Department Retention Policies Superseded This countywide record retention policy related to the County’s debt management program supersedes any departmental document retention policies that may relate to the records indicated above. EXHIBIT A: COUNTY AND AUTHORITY OUTSTANDING DEBT as of February 21, 2020 Name of Issue Issuing Entity Principal Amount Date of Issue Final Maturity Date CUSIP for Final Maturity Trustee or Paying Agent Annual Report Due Date Disclosure Representative Disclosure Coordinator Lease Revenue Bonds/Obligations: Lease Revenue Bonds, 2017 Series B (Capital Projects) ***Private Placement*** County of Contra Costa Public Financing Authority $ 100,285,000 5/26/2017 6/1/2032 N/A Wells Fargo N/A County Finance Director Chief Asst. CAO Lease Revenue Bonds, 2017 Series A (Refunding and Capital Projects) ***Private Placement*** County of Contra Costa Public Financing Authority $ 99,810,000 3/3/2017 6/1/2027 21226PNH7 Wells Fargo N/A County Finance Director Chief Asst. CAO Lease Revenue Bonds, 2015 Series A (Capital Projects) and 2015 Series B (Refunding) County of Contra Costa Public Financing Authority $ 71,150,000 8/25/2015 6/1/2035 (A) 6/1/2028 (B) 21226PLV8 (A) 21226PMJ4 (B) Wells Fargo 3/31 County Finance Director Chief Asst. CAO Lease Revenue Obligations (Capital Projects Program) 2012 Series A, $13,102,304 ***Private Placement*** County of Contra Costa Public Financing Authority 13,102,304$ 10/11/2012 6/1/2027 N/A Wells Fargo N/A County Finance Director Chief Asst. CAO Lease Revenue Bonds, $58,055,000 comprised of Capital Project I - Tax Exempt Bonds, Series A-1, $6,790,000 and Capital Project I - Taxable Build America Bonds, Series A- 2, $13,130,000 and Capital Project I - Taxable Recovery Zone Bonds, Series A-3, $20,700,000 and 2010 Series B (Refunding), $17,435,000 County of Contra Costa Public Financing Authority 58,055,000$ 11/16/2010 6/1/2020 (A-1) 6/1/2030 (A-2) 6/1/2040 (A-3) 6/1/2025 (B) 21226PJR0 (A-1) 21226PKU1 (A-2) 21226PKE7 (A-3) 21226PKV9 (B) Wells Fargo 3/31 County Finance Director Chief Asst. CAO Pension Obligation Bonds: California Taxable Pension Obligation Bonds, Series 2003A, $322,710,000 Contra Costa County 322,710,000$ 5/1/2003 8/1/2022 212257BV0 Wells Fargo 3/31 County Finance Director Chief Asst. CAO Tax Allocation Bonds: Tax Allocation Refunding Bonds, Series 2017A, $49,530,000 Successor Agency to the Contra Costa County Redevelopment Agency 49,530,000$ 8/16/2017 8/1/2036 212263AM9 US Bank 3/31 DCD Director Affordable Housing Program Manager Taxable Tax Allocation Refunding Bonds, Series 2017B, $23,095,000 Successor Agency to the Contra Costa County Redevelopment Agency 23,095,000$ 8/16/2017 8/1/2025 212263AV9 US Bank 3/31 DCD Director Affordable Housing Program Manager Special Assessment Districts: 2013 Special Tax Refunding Bonds (Norris Canyon), $5,605,000 County of Contra Costa Community Facilities District No. 2001-1 5,605,000$ 1/24/2013 9/1/2031 212288CT9 BNY Mellon 3/31 DCD Director Affordable Housing Program Manager A-1 As of February 21, 2019 - B-1 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements Lease Revenue Bonds: County of Contra Costa Public Financing Authority Lease Revenue Bonds, $71,115,000 consisting of $19,055,000 2015 Series A (Capital Projects) and $52,060,000 2015 Series B (Refunding) Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following captions: 1. The status of the construction and installation of the improvement constituting the 2015 Project, until such time as the 2015 Project is completed; 2. Report of changes in “DEBT SERVICE SCHEDULE;” 3. Table B-1–“County of Contra Costa General Fund Budget Summary;” 4. Table B-2–“County of Contra Costa Summary of Secured Assessed Valuations and Ad Valorem Property Taxation;” 5. Table B-5–“County of Contra Costa General Fund Statement of Revenues, Expenditures and Changes in Fund Balances;” 6. Table B-8–“Contra Costa County Employees’ Retirement Association Schedule of Funded Status;” 7. Table B-16–“Contra Costa County Other Post Employment Benefit Plan Summary of Contributions;” and 8. Table B-19–“Contra Costa County Outstanding Lease Revenue Obligations and Pension Obligation Bonds”). County of Contra Costa Public Financing Authority Lease Revenue Bonds, $58,055,000 consisting of $6,790,000 2010 Series A-1 (Capital Project I – Tax Exempt Bonds); $13,130,000 2010 Series A-2 (Capital Project I – Taxable Build America bonds); $20,700,000 2010 Series A-3 (Capital Project I – Taxable Recovery Zone Bonds); and $17,435,000 2010 Series B (Refunding) Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following captions: 1. The status of the construction and installation of the improvement constituting Capital Project I and Capital Project II until such time as each Capital Project has been completed; 2. Report of changes in “DEBT SERVICE SCHEDULE;” 3. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Recent County General Fund Budgets” (update Table B-1 “COUNTY OF CONTRA COSTA GENERAL FUND BUDGET”); 4. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Ad Valorem Property Taxes” (update Table B-2 “COUNTY OF CONTRA COSTA SUMMARY OF SECURED ASSESSED VALUATIONS AND AD VALOREM PROPERTY TAXATION”); As of February 21, 2019 - B-2 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements 5. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Accounting Policies, Reports and Audits” (update Table B-6 “COUNTY OF CONTRA COSTA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES”); 6. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Pension Plan” (update Table B-9 “CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION OF FUNDED STATUS”); 7. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Other Post-Employment Healthcare Benefits” (update Table B-16 “CONTRA COSTA COUNTY OTHER POST-EMPLOYMENT HEALTHCARE BENEFIT PLAN SUMMARY OF PARTICIPATING EMPLOYEES AND CONTRIBUTIONS”); 8. APPENDIX B–“COUNTY FINANCIAL INFORMATION–Long Term Obligations” (update Table B-22–“CONTRA COSTA COUNTY OUTSTANDING LEASE OBLIGATIONS AND PENSION OBLIGATION BONDS”). As of February 21, 2019 - B-3 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements Pension Obligation Bonds: County of Contra Costa, California Taxable Pension Obligation Bonds, Series 2003A, $322,710,000 Dated: May 1, 2003 Nine months after FYE 6/30 (3/31) 1. The audited financial statements of the County for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the County's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available 2. Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement under the following captions: (a) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Recent County General Fund Budgets” (update table entitled “COUNTY OF CONTRA COSTA GENERAL FUND BUDGET”); (b) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Ad Valorem Property taxes” (updated table entitled “COUNTY OF CONTRA COSTA SUMMARY OF ASSESSED VALUATIONS AND AD VALOREM PROPERTY TAXATION”); (c) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Accounting Policies, Reports and Audits” (update table entitled “COUNTY OF CONTRA COSTA GENERAL FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES”); (d) “APPENDIX A – COUNTY ECONOMIC, DEMOGRAGHIC AND FINANCIAL INFORMATION – Long Term Obligations – General Obligation Debt” and “- Lease Obligations” (update table entitled “COUNTY OF CONTRA COSTA OUTSTANDING MARKETABLE LEASE AND PENSION BOND OBLIGATIONS”) Tax Allocation Bonds: Tax Allocation Refunding Bonds, Series 2017A (Tax-Exempt), $49,530,000, Series 2017B (Taxable), $23,095,000 Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the Successor Agency for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the audited financial statements of the Successor Agency are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Numerical and tabular information for the immediately preceding Fiscal Year of the type contained in the Official Statement as follows: (i) Aggregate assessed values, incremental values, and projected Tax Revenues for the Project Areas; (ii) Assessed values for the Ten Largest Property Taxpayers in the Project Areas substantially in the form of Table 8 of the Official Statement; (iii) Information about each resolved and/or open appeal of assessed values in the Project Areas that exceeds 5% of the aggregate assessed value of the Project Areas substantially in the form of Table 9 of the Official Statement; As of February 21, 2019 - B-4 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements (iv) The outstanding principal amount, debt service schedule, and debt service coverage ratios for the Series 2017 Bonds, and any outstanding Parity Debt secured by Tax Revenues; and (v) The balance in the Reserve Account, if a municipal debt service reserve insurance policy is not deposited into the Reserve Account. (c) In addition to any of the information expressly required to be provided under Sections 4(a) and 4(b), the Successor Agency shall provide such other information, if any, necessary to make the required information, in light of the circumstances under which they were made, not misleading. (d) The presentation and format of the Annual Report may be modified from time to time as determined in the sole judgment of the Successor Agency to conform to changes in accounting or disclosure principles or practices and legal requirements followed by or applicable to the Successor Agency to reflect changes in the business, structure, or operations of the Successor Agency; provided that any such modifications shall comply with the requirements of the Rule. (e) Any or all of the items listed in this Section 4 may be included by specific reference to other documents, including official statements of debt issues of the Successor Agency or related public entities, which have been made available to the public on the MSRB website. The Successor Agency shall clearly identify each such other document so included by reference. Special Assessment Districts: 2013 Special Tax Refunding Bonds, $5,605,000 Nine months after FYE 6/30 (3/31) (a) The audited financial statements of the County for the prior fiscal year prepared in accordance with generally accepted accounting principles in effect from time to time by the Governmental Accounting Standards Board to apply to governmental entities. If the audited financial statements are not available by the time the Annual Disclosure Report is required to be filed pursuant to Section 3(a), the Annual Disclosure Report shall contain unaudited financial statements in a format similar to the financial statements contained in the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Disclosure Report when they become available. (b) The following information with respect to the 2013 Bonds and the District: 1. The principal amount of the 2013 Bonds outstanding. 2. The balances of all funds and accounts established by the Fiscal Agent Agreement as of the end of the next preceding fiscal year. 3. Total assessed value of all parcels subject to the Special Tax. 4. Actual Special Tax levy for the most recent fiscal year, Special Tax and property tax delinquency rate for parcels in the District for the most recent year. 5. Concerning delinquent parcels: (i) number of parcels delinquent in payment of Special Tax, (ii) amount of total delinquency and as a percentage of total Special Tax levy, and (iii) status of the County’s foreclosure proceedings upon delinquent properties. 6. Identity of any delinquent tax payer obligated for more than 10% of the annual Special Tax levy and: As of February 21, 2019 - B-5 - EXHIBIT B: REQUIRED INFORMATION FOR ANNUAL REPORTS OF COUNTY AND AUTHORITY Issue Description Due Date Filing Requirements (i) assessed value of applicable properties, and (ii) summary of results of foreclosure sales, if available. 7. Significant amendments to land use entitlements for property in the District known to the Director of the Department of Conservation and Development. 8. Status of any significant legislative, administrative, and judicial challenges to the construction of the development in the District known to the Director of the Department of Conservation and Development, without independent inquiry, for any year in which construction activity has occurred in the District. CONTRA COSTA COUNTY FINANCING POLICIES FOR COMMUNITY FACILITIES DISTRICTS APPENDIX 4 TABLE OF CONTENTS TABLE OF CONTENTS ....................................................................................................................................... SECTION I: GENERAL POLICY STATEMENT .................................................................................................... 1 A. Community Facilities District Financings .......................................................................................... 1 B. Eligible Facilities ................................................................................................................................ 2 C. Eligible Services ................................................................................................................................. 2 SECTION II: INITIATION OF THE FINANCING ................................................................................................. 2 A. Application ........................................................................................................................................ 2 B. Processing and Formation Fees ........................................................................................................ 3 C. Petition for Formation and Waiver of Time Requirements of the Election ...................................... 4 D. Selection of the Financing Team ....................................................................................................... 4 SECTION III: DEBT AFFORDABILITY ADVISORY COMMITTEE ......................................................................... 5 SECTION IV: ECONOMIC VIABILITY OF THE FINANCING................................................................................ 6 A. Absorption Study .............................................................................................................................. 6 B. Appraisal ........................................................................................................................................... 7 C. Financial Information Required of Applicant .................................................................................... 8 D. Potential Third Party Guarantee of Special Tax Payments During Project Development ................ 9 E. Land Use Approvals ........................................................................................................................... 9 F. Equity Participation by Applicant and Major Participants .............................................................. 10 SECTION V: REVENUE SUPPORTING THE FINANCING ................................................................................. 10 SECTION VI: STRUCTURING THE FINANCING .............................................................................................. 11 A. Limited Obligations of the County .................................................................................................. 12 B. Structuring of Debt Service ............................................................................................................. 12 C. Reserve Funds ................................................................................................................................. 12 D. Capitalized Interest ......................................................................................................................... 12 E. Foreclosure Covenant ..................................................................................................................... 12 F. Underwriter and Original Issue Discount ........................................................................................ 13 SECTION VII: AGREEMENTS WITH AFFECTED PUBLIC ENTITIES .................................................................. 13 A. County Initiated CFD Financings ..................................................................................................... 13 B. CFD Financings Not Initiated by the County ................................................................................... 14 APPENDIX 4 SECTION VIII: CREDIT ENHANCEMENTS ...................................................................................................... 15 SECTION IX: OFFERING STATEMENTS AND DISCLOSURE ............................................................................ 15 SECTION X: ADMINISTRATION .................................................................................................................... 16 A. Debt Administration ........................................................................................................................ 16 B. Notice to Future Property Owners ................................................................................................. 16 C. Annual Reporting ............................................................................................................................ 17 SECTION XI: REFUNDINGS ........................................................................................................................... 17 SECTION XII: AMENDMENTS AND EXCEPTIONS .......................................................................................... 18 APPENDIX 4 SECTION I: GENERAL POLICY STATEMENT Contra Costa County (the "County") has created these goals and policies concerning the use of the Mello- Roos Community Facilities Act of 1982 (Government Code sections 53311 and following), as amended (the “Act”) in providing adequate public services and public infrastructure improvements (the "Policies"). The Policies will apply to all Community Facilities Districts (“CFDs”) and related debt financing. In those cases in which fixed lien special assessment or other types of land based financing is substituted for CFD financing, the County will apply the appropriate provisions of these Policies. These Policies are intended to serve as guidelines to assist all concerned parties in determining the County's approach to CFD financing, provide specific guidance for approval of public financing for provision of public services and public infrastructure improvements and establish the standards and guidelines for the review of proposed development financings. It is the County's intent to support projects which address a public need and provide a public benefit. These Policies are also designed to comply with Section 53312.7(a) of the Government Code. A. Community Facilities District Financings 1. The County encourages the development of residential, commercial and industrial property consistent with the adopted General Plan. The Board of Supervisors will consider the use of CFDs to assist these types of projects. 2. The County will consider the funding of services permitted under the Act if such funding does not create an unreasonable economic burden on the land and special taxpayers. 3. The County encourages the formation of CFDs as acquisition districts. In acquisition districts, a developer is reimbursed for projects only when discrete, useable public facilities are deemed by the County to be completed. In construction districts, to the extent permitted under the Act, developers are provided progress payments during the construction of facilities. Acquisition districts provide stronger credit features, and better assure that the public facilities are completed. 4. While recognizing that public facilities proposed to be financed by a CFD are to benefit those properties within the boundaries of the proposed CFD, the Board of Supervisors finds that public benefit can only be "significant" when the benefit is also received by the community at large or are regional in nature but have a benefit to the properties within the proposed CFD. 5. The use of CFDs will be permitted to finance public facilities as described in Paragraph B below, whose useful life will be at least five (5) years and equal to or greater than the term of the bonds. Facilities which are, upon completion, owned, operated or maintained by public agencies will be considered public facilities. Limited exceptions may be made for facilities to be owned, operated or maintained by private utilities, or for facilities which could be owned by public agencies, or utilities. 6. The County is concerned that the proposed project that is to be financed is not premature for the area in which it is to be located. The proposed project must meet the land use approvals listed in subsection E of Section IV below. 7. Extending public financing to a proposed project for identified public improvements cannot be APPENDIX 4 done without considering the aggregate public service needs for the project. Upon receipt of an application for public financing, the County will notify the other public entities having responsibility to serve the proposed project and request comment on the application. Periodic meetings, on a regional basis, with all affected public entities will be encouraged by the County to address the issues relative to overlapping debt 8. The Debt Affordability Advisory Committee (described in Section III below) may waive all or some of the provisions of these policies if unique and special circumstances apply to specific CFD financings. B. Eligible Facilities Facilities eligible to be financed by a CFD, upon completion of the construction or acquisition thereof, are intended to be owned by the County, another public agency or a public utility and must have a useful life of five (5) years or more. The list of public facilities eligible to be financed by a CFD may include, but is not limited to the following: streets, highways, and bridges; water, sewer, and drainage facilities; parks; libraries; police and fire stations; traffic signals and street lighting; recreation facilities; governmental facilities; flood control facilities; environmental mitigation measures; and public rights-of-way landscaping. Facilities to be financed must be legally eligible under the Act and federal tax law, if applicable, to the satisfaction of bond counsel. The Board of Supervisors will have the final determination as to the eligibility of any facility for financing under these Policies. C. Eligible Services Services eligible to be funded through a CFD include: police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services, and services with respect to the removal or remedial action for the cleanup of any hazardous substance released or threatened to be released in to the environment. The Board of Supervisors will have the final determination as to the prioritization of funding such services. A CFD may not finance public services already provided by a public agency. SECTION II: INITIATION OF THE FINANCING A. Application The proponent of a project must obtain and submit the required application to the initiating County department. The initiating County department with respect to CFD financings is the Department of Conservation and Development (the “Department”). Any application for the establishment of a CFD district will contain such information and be submitted in such form as the Department may require. At a minimum each application must contain: APPENDIX 4 1. Proof of authorization to submit the application on behalf of the owner of the property proposed for new development for which the application is submitted if the applicant is not the owner of such property; 2. Evidence satisfactory to the Department that the applicant represents or has the consent of the owners of not less than 67% by area, of the property proposed to be subject to the levy of the special tax; and 3. For any CFD financing to benefit new development, a business plan for the development of the property within the proposed CFD and such additional information as the Department may deem necessary to adequately review the financial feasibility of the CFD. For any CFD financing to benefit new development, the applicant must demonstrate to the satisfaction of the Department the ability of the owner of the property to be developed to pay the special tax installments for the CFD and any other assessments, special taxes and ad valorem on such property until full build out and sale or lease up of the property. An application must be completed and the necessary information provided, as determined by the Department, before any action will be taken to process the application and initiate financing for a project. B. Processing and Formation Fees Applications are to be accompanied by a processing or formation fee. All costs to t he County associated with the proceedings statutorily required to establish a CFD are to be advanced by the applicant and paid prior to the actual sale of any bonds. The applicant will be reimbursed solely from the proceeds of the bonds sold for all monies advanced to the extent allowed by the Act. An initial deposit in an amount of not less than $35,000 for a CFD is to be attached to the completed application submitted. The Department, in its discretion, may determine a larger deposit amount is appropriate. The deposit will be placed in a separate trust account held by the County. The deposit may be placed in an interest bearing account so long as it is directed to do so by the Board of Supervisors and is allowable under state law. All costs of the County and/or its consultants retained during the formation process are to be paid from this account. If, in the judgment of the Department, the costs incurred or projected will cause the balance in this account to fall below $5,000, a written demand will be made to the applicant to advance monies sufficient to bring the account to a balance that is projected to meet remaining costs required to establish the CFD. Failure to advance the requested monies within ten (10) days of a written demand by the County will result in all processing of the application to cease and no further actions to be taken toward establishing the financing district until the monies have been received. Monies held in the trust account are to be applied to pay the County and its staff in reviewing and processing the application as well as the costs of the special tax consultant, bond counsel, appraiser, absorption consultant, all publication expenses, and any other costs determined by the County to be necessary to establish the CFD. Accompanying the application will be an agreement governing the processing or formation fee, its deposit in a trust account, the use of the monies, the return to the applicant of any unused portion of the fee or other APPENDIX 4 monies advanced, and the possible reimbursement of monies advanced from bond proceeds. C. Petition for Formation and Waiver of Time Requirements of the Election The Mello-Roos Community Facilities Act of 1982, as amended, (the "Act") states that one way to request the formation of a proposed community facilities district is through a Petition signed by landowners holding title to ten percent (10%) of the land by area expected to be included within the proposed community facilities district. The Petition must be submitted to the County before formal action can be commenced to form the CFD. The form of the petition will be supplied by bond counsel once a completed application has been received and initial processing has been accomplished. The Act also provides that the formation can be shortened if one hundred percent (100%) of the property owners within the proposed boundaries of the CFD execute a waiver regarding the timing of and certain procedures associated with arequired special election. The applicant should indicate on the application whether this waiver can be secured. D. Selection of the Financing Team The County will select the bond counsel, municipal advisor, underwriter or placement agent, and fiscal agent/trustee. It will require the retention of underwriter's counsel or disclosure counsel. Providers of letters of credit, liquidity supports and other types of credit enhancements are also subject to the approval of the County. Bond counsel and underwriter counsel must be different firms. In addition to the consultants that compose the financing team, as noted above, the County will select a special tax consultant to determine a fair and reasonable method to allocate the special tax required to meet debt service on the bonds and other related expenses of the proposed CFD. Unless satisfactory and current information regarding land values for property within the proposed CFD and subject to the special tax is available, the County will require that a real estate appraiser of its choice be retained and an appraisal made. Additionally, an economist or real estate appraiser or other qualified independent third party may also be retained for the purpose outlined in Section IV.A. In addition, the County reserves the right to retain additional professional consultants that it deems appropriate. APPENDIX 4 SECTION III: DEBT AFFORDABILITY ADVISORY COMMITTEE The Board of Supervisors established the Debt Affordability Advisory Committee (the “Committee”) to review issues relevant to capital markets transactions and to make recommendations to the Board of Supervisors when appropriate. The Committee will be comprised of the County Auditor-Controller, the County Treasurer-Tax Collector, Director of the Department of Conservation and Development, and the Senior Deputy County Administrator/Finance Director. The Committee is charged with the task of reviewing and commenting upon all CFD financing as well as other types of financing proposed to be issued by the County or its related districts or agencies. The Committee is to review each proposed debt issue and provide comment on whether the proposed debt issue is consistent with these Policies. It is to comment on the economic viability and credit worthiness of the proposed debt issue. In performing its function the Committee may, in its sole discretion, review a matter more than once and retain additional consultants t o assist in its review. The cost of such consultants is to be borne by the proponent of the debt issue. In addition, the Committee has an ongoing responsibility to monitor the status of debt issued by the County or related districts or agencies. A written summary of the Debt Affordability Advisory Committee's review of the proposed financing is to be prepared and submitted to the Board of Supervisors after it considers the financing. The written summary will state the issues considered by the Committee, whether the financing and the issues considered were consistent with or at variance with these Policies, and its recommendation with regard to each issue and the financing. If the vote of the Committee is not unanimous, the written summary is to so indicate and summarize the position taken by the minority members of the Committee. The following are those matters which at minimum the Debt Affordability Advisory Committee is to review and comment upon with regard to the CFD financings. 1. Prior to the Board of Supervisors considering the resolution of intention to establish a CFD, the Department is to determine that all land use approvals required for the project under Section IV.E. have been fulfilled and that the proposed rate and method of apportionment of the special tax is consistent with Section V.A. of these Policies. Any variation from these Policies is to be noted and a recommendation made to the Board of Supervisors with regard thereto. 2. Prior to the Board of Supervisors considering the resol ution authorizing the sale and issuance of bonds, the Debt Affordability Advisory Committee is to determine that: a) A current appraisal and any related absorption study have been prepared consistent with Section IV.A. and IV.B of these Policies and that satisfactory land value to lien ratios exist. b) Each property owner responsible for twenty percent (20%) or more of the debt service on the bonded indebtedness to be incurred has supplied the financial security required by Section IV.C. and IV.D. of these Policies. c) The rate and method of apportionment of the special tax is in compliance with Section V.A. of these Policies. d) The structure of the proposed financing is consistent with the applicable subsections of Section VI of these Policies. APPENDIX 4 e) Each property owner responsible for 20% or more of the debt service in connection with any series of bonds must be current with respect to payment of all general property taxes, and any assessments or special taxes levied. As stated above, any variation from these Policies is to be noted and a recommendation made to the Board of Supervisors with regard thereto. In addition, the Debt Affordability Advisory Committee is to make any comment it deems relevant in determining the economic viability or credit worthiness of the proposed debt issue. The Committee is to make a recommendation to the Board of Supervisors as to whether or not to proceed with the sale and issuance of the bonds. If the proposed financing contemplates that bonds are to be issued in series, then each series is to be reviewed and commented upon by the Debt Affordability Advisory Committee before that series of bonds is considered by the Board of Supervisors for issuance. Any proposal for refunding or defeasing a particular CFD financing is to be reviewed for consistency with Section XI of these Policies and commented on by the Debt Affordability Advisory Committee prior to it being submitted to the Board of Supervisors for consideration. Once issuance of bonds has been approved by the Board of Supervisors and the bonds have been sold, the County department or related district or agency having responsibility for the administration of the bond issue is to annually file with the State and the Auditor Controller of the County a report regarding the status of the bond financing. The occurrence of a technical default, or the likelihood thereof, is to be reported immediately to the Auditor Controller of the County by the administering County department or related district or agency. SECTION IV: ECONOMIC VIABILITY OF THE FINANCING In evaluating the application and the proposed debt issue, the County may require any or all of the following to determine the economic viability of the proposed project and the timing of the sale of any bonds or series thereof. The following requirements would apply to a CFD to finance services only to the extent determined by the Department. A. Absorption Study Unless waived by the Debt Affordability Advisory Committee, an absorption study of anyproposed project for substantially undeveloped property will be required for CFD financings. The absorption study will be used: (1) as a basis to verify proposed base pricing of the finished products (lots or completed buildings or dwelling units) subject to the levy of the special tax; (2) to determine the projected market absorption of such finished products and (3) as a basis for verification that the assumptions supporting the special tax formula are appropriate and sufficient revenues can be collected to support the bonded indebtedness to be incurred. The absorption study will also be used to evaluate the timing consideration identified by the applicant and the financing team. The absorption study will be provided to the appraiser and the appraisal required below APPENDIX 4 in Section IV.B. is to reflect consideration of the absorption study. B. Appraisal 1. Definition of Appraisal An appraisal is a written self-contained report independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property to be included in a CFD as of a specific date, supported by the presentation and analysis of relevant market information. A qualified appraiser is a state certified real estate appraiser, as defined in Business and Professions Code Section 11340. 2. Standards of Appraisal A detailed complete appraisal will be prepared to support any CFD financing where the property to be included in the CFD is not substantially built out. A detailed complete appraisal will reflect nationally recognized appraisal standards including, to the extent appropriate, the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. An appraisal should also generally conform to the Appraisal Standards for Land - Secured Financings provided by the California Debt and Investment Advisory Commission ("CDIAC"). Appraisals undertaken to establish value-to-lien ratios in CFD’s should value the fee simple estate, subject to any existing special assessment and special tax liens. The estimate of Market Value should be refined to reflect the Retail Value of fully improved and occupied properties and the Bulk Sale Value of all vacant properties, including both unimproved properties and improved or partially improved but unoccupied properties. An appraisal must contain sufficient documentation including valuation data and the appraiser’s analysis of the data to support his or her opinion of value. At a minimum, the appraisal will contain the following items: a) The purpose and/or function of the appraisal, an identification of the property being appraised, the intended use, the identity of the current and intended uses, and a statement of the assumptions and limiting conditions affecting the appraisal. b) An adequate description of the physical characteristics of the property being appraised, location, General Plan/zoning, present use, and an analysis of highest and best use. c) Relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. If a discounted cash flow analysis is used, it should be supported with at least one other valuation method, such as a market approach using sales that are at the same stage of land development, when possible. If more than one approach is utilized, there will be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser’s opinion of value. d) A description of comparable sales, including a description of all relevant physical, legal and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction. e) A statement of the value of real property. APPENDIX 4 f) The effective date of valuation, date of appraisal, signature and certification of the appraiser. 3. Community Facilities District Appraisal Premises. The valuation of proposed special tax districts will be based on all of the following three premises: a) Raw Land Value. (Premise #1). The total land within the project will be valued “as is”: (i) Without proposed infrastructure being financed or any future private improvements; (ii) With existing parcel configuration and existing land use entitlements; and (iii) Considering planned densities allowed by the General Plan, specific plan, zoning or other project approvals then in effect This is a typical type of land valuation. b) Project Build-out value. (Premise #2). The total land within the project is valued under projected conditions: (i) With completion of proposed infrastructure being financed; (ii) At the planned densities allowed by the General Plan, specific plan, zoning or other approvals then in effect: and (iii) Land development is at the stage of being marketed to merchant builders or tentative tract maps ready to be filed. This is a projected value based on project plans predicated on market conditions continuing as projected. c) Bulk Land Value. (Premise #3). The total land within the project is valued under projected conditions: (i) With completion of proposed infrastructure being financed; (ii) With existing parcel configuration; and (iii) Considering planned densities allowed by the General Plan, specific plan, zoning or other project approvals then in effect. This premise should consider a discounted or “quick sale” valuation considering time, costs and the possibility of a pre unit value based on the total size of the project. 4. Timeliness of Information. To ensure that the opinion of value is current at the time of any bond sale, the valuation date of the appraisal or an update to the appraisal should be within three months of the bond sale. C. Financial Information Required of Applicant At time of application, the applicant for a CFD debt issue and all property owners owning land within the boundaries of the proposed financing district that will be responsible for twenty percent (20%) or more of the debt service on the bonded indebtedness to be incurred will provide financial statements (preferably audited) for the current and prior two fiscal years. The applicant will also provide all other financial information related to the proposed project that may be requested by the County. APPENDIX 4 Subsequent to the sale and issuance of the bonds, federal and state statutes and/or regulations regarding the financing may require the preparation of periodic reports. The applicant and all major participants in the project will be required to provide that information needed to complete such statutorily required reports. In addition, the County department or related district or agency responsible for the administration of the bonds may require information of the applicant or the major participants in the project to satisfy reporting demands of rating agencies or institutional buyers. D. Potential Third Party Guarantee of Special Tax Payments During Project Development The greatest exposure to default on CFD bonds is the period between the issuance of bonds and project build out. The risk of default is increased when only a single or a few property owners are responsible for the special assessment or special tax payments that support the repayment of the bonds. While the County’s credit is not pledged to support the bonds, a default on CFD bonds can negatively impact the investment community’s perception of the County. To minimize the risk of default, the County may require a third party guarantee for the annual special tax payments within a district while the project is being developed and until there is significant absorption of the new development. The need for, nature and duration of any third party guarantees will be evaluated by the County and its financing team on a case by case basis If required, the commitment letter for the third party guarantee must be provided within five days of the Resolution of Issuance and the third party guarantee must be provided prior to printing the preliminary official statement for the financing. Third party guarantees may include letters of credit (“LOCs”), surety bonds, or some other mechanism which assures payment of special taxes while the project is being developed. When LOCs are provided, they must be in form and substance acceptable to the County from a bank acceptable to the County. E. Land Use Approvals For CFD financings the County will require, at a minimum that the proposed project must 1. be consistent with the County's General Plan; 2. be reviewed by the Director of the Department or designee, and have satisfied or be able to satisfy, all of the relevant land use requirements specified by the Director; and, 3. have had the service levels for the required public facilities established or the exact public facilities required for the project identified. A proposed project that requires: (i) a General Plan amendment, (ii) a change of zone that increases the density or intensity of land use, (iii) a specific plan, or (iv) a specific plan amendment that increases the density or intensity of land use will be referred to the Department’s Community Development Division for evaluation as to whether the project is premature. APPENDIX 4 An appropriate environmental review of the proposed project is to have been completed as part of land use entitlement proceedings that will have addressed all of the public facilities that are to be constructed through the proposed financing. F. Equity Participation by Applicant and Major Participants In evaluating the proposed debt issue, the Debt Affordability Advisory Committee will consider the equity participation of the applicant and the major participants in the proposed project. At the time the application for the proposed financing is received, an analysis will be made as to the equity interest that the applicant has in the proposed project. It will also be required of the applicant that in addition to the financing, the applicant will fund in-tract public infrastructure and may be expected to contribute to other public improvements related to the proposed project. SECTION V: REVENUE SUPPORTING THE FINANCING CFD bonds are termed "limited obligations" whose primary repayment is secured by a special tax levied on property in the CFD. The following are criteria that will be applied in evaluating the revenue stream that will be supporting a proposed CFD bond financing. A. The rate and method of apportionment of the special tax must be both reasonable and equitable in apportioning the costs of the public facilities and services to be financed to each of the parcels within the boundaries of the proposed CFD. B. The rate and method of apportionment must be structured to produce special taxes sufficient to pay scheduled debt service on all bonds (and provide coverage equal to 10% of debt service - see Section V.F. below), pay annual services or maintenance expenses (if applicable), establish or replenish any reserve fund for a bond issue, and pay reasonable and necessary administrative expenses of the CFD . In addition, the rate and method of apportionment may be structured to produce amounts to pay directly the costs of public facilities authorized to be financed by the CFD, the accumulation of funds reasonably required for future debt service, amounts equal to projected deficiencies in special tax payments, any remarketing, credit enhancement or liquidity fees and any other costs or payments permitted by law. C. The rate and method of apportionment of the special tax is to provide for the administrative exp enses of the proposed CFD, including, but not limited to, those expenses necessary for the annual enrollment and collection of the special tax and bond administration. D. All property not otherwise exempted by the Act from taxation will be subject to the special tax. The rate and method of apportionment may provide for exemptions to be extended to parcels that are publicly-owned, held by property owners associations, used for a public purpose such as permanent open space or wetlands, or affected by public utility easements making impractical their use for other than the purposes specified in the easement E. The annual special tax levy on each residential parcel developed to its final land use will not escalate, APPENDIX 4 except that a variation for services and administrative expenses will be allowed. The County will allow an annual escalation factor, not to exceed two percent (2%) per year, on parcels to be developed for commercial or industrial uses. F. The maximum annual special tax, together with ad valorem property taxes, County Service Area charges, special assessments or taxes for an overlapping financing district, or any other charges, taxes or fees payable from and secured by the property, including potential charges, taxes, or fees relating to authorized but unissued debt of public entities other than the County, in relation to the expected assessed value of each parcel upon completion of the private improvements to the parcel is of great importance to the County in evaluating the proposed financing. The objective of the County is to limit the total tax burden, including the ad valorem property taxes levied by the County, special taxes levied by any existing district for the payment of bonded indebtedness or ongoing services, assessments levied for any assessment district or maintenance district for the payment of bonded indebtedness or services and the assigned special tax for the proposed CFD, on any parcel to a maximum of two percent (2%) of the expected assessed value of the parcel upon completion of the private improvements. In evaluating whether this objective can be met, the County will consider the aggregate public service needs for the proposed project. It will consider what public improvements the applicant is proposing be financed in relation to these aggregate needs and decide what is an appropriate amount to extend in public financing to the identified public improvements. G. The total maximum annual special taxes that can be collected from taxable property in a district, taking into account any potential changes in land use or development density or rate, and less all projected administrative expenses, must be equal to at least one hundred ten percent (110%) of the gross annual debt service on any bonds issued by or on behalf of the CFD in each year that said bonds will remain outstanding. H. The rate and method of apportionment of the special tax mayinclude a provision for a back up tax or other assurances to protect against any changes in development that would result in insufficient special tax revenues to meet the debt service requirements of the CFD. Such backup tax or other assurances will be structured in such a manner that it will not violate any provisions of the Act regarding cross- collateralization limitations for residential properties. I. A formula to provide for the prepayment of the special tax may be provided; however, neither the County nor the CFD will be obligated to pay for the cost of determining the prepayment amount which is to be paid by the requesting property owner. SECTION VI: STRUCTURING THE FINANCING In structuring a CFD financing, the County and its financing team will insure that the following issues are addressed in connection with the CFD bond issue. APPENDIX 4 A. Limited Obligations of the County Both the statutory authority providing for the issuance of CFD bonds as well as the proceedings resulting in the sale and issuance of the bonds must ensure the bonds are limited obligations of the County payable only from the revenue source identified and do not require the expenditure of the general funds or any other revenues of the County to satisfy debt service obligations or to replenish any reserve fund established for the bonds. B. Structuring of Debt Service While the County prefers that debt service be structured with approximately level debt service, CFD financings may be structured with level, escalating, or declining debt service. The bonds must mature within forty (40) years of the date of the initial bonds issued. No bonds will be issued with a maturity date greater than the expected useful life of the majority of the facilities being financed. C. Reserve Funds The County will require that for CFD financings a reserve fund be established at a required funding level as determined appropriate by the financing team. D. Capitalized Interest Interest will be capitalized for a bond issue only as long as necessary to place the special tax installments on the assessment roll; provided, however, that interest may be capitalized for a longer term to be established in the sole discretion of the County on a case by cas e basis, not to exceed an aggregate of 18 months, taking into consideration the value to lien ratio for such bonds, the expected timing of initial occupancies of residential dwelling units or nonresidential structures within the CFD, expected absorption and buildout of the property within the applicable Community Facilities District, expected construction and completion schedule for the facilities to be funded from the proceeds of the bonds, the size of the bond issue, the development pro forma and the equity position of the applicant and such other factors as the County may consider relevant. E. Foreclosure Covenant In collecting delinquent special taxes, the County seeks to balance the bondholders’ right to receive timely payment with fairness to property owners within the CFD who, due to extenuating circumstances, may have difficulty paying their special taxes in a timely manner. Because CFD financings generally are repaid from special tax receipts and solely secured by liens against property within the CF D, the investment market expects to see appropriate foreclosure covenants in the CFD bond documents. A foreclosure covenant would compel the County to take action to file a foreclosure action against a parcel with certain delinquency thresholds are reached. For example, a covenant may require the County to institute foreclosure if an APPENDIX 4 individual delinquency exceeds a certain threshold (e.g., $5,000) or the total amount of delinquencies for all properties in a CFD exceeds a specified percentage of the total special taxes to be received (e.g., 5%). Those standards may differ if the reserve fund for the issue remains fully funded. For each bond issue, the County and its financing team will analyze key aspects of the proposed CFD (e.g., number of parcels, special tax rates, and debt service) to structure foreclosure covenants in a manner that satisfies the bondholders’ need to reduce the likelihood of a shortfall in special taxes to pay debt service with the desire to provide flexibility in treatment of individual special tax payers. F. Underwriter and Original Issue Discount The underwriter's discount will be negotiated and determined solely by the County and will be competitive with and comparable to such discounts on similar financings being issued by the County and other public entities. The County will consider any other compensation the underwriter may be receiving in connection with the bond financing in determining the appropriate amount of the discount. An original issue discount will be permitted only if it is expected that such discount will result in a lower true interest cost on the bonds and that, for CFD financings, the use of an original issue discount will not adversely affect the ability of the CFD to construct public facilities identified by the bond documents. SECTION VII: AGREEMENTS WITH AFFECTED PUBLIC ENTITIES A. County Initiated CFD Financings 1. For CFDs, the joint community facilities agreement(s) required with other public entities which will own, maintain or operate the facilities to be financed must be adopted and approved by all parties at or prior to the adoption of the resolution providing for the issuance of bonds for the CFD. 2. Should a CFD bond issue be for the construction of public facilities required to be sized to exceed the service needs of the properties within the boundaries of the financing district, the County may negotiate the following: a) To the extent that the affected public entity's regulations allow, a credit against connection fees or other fees such that the credit will preclude the affected properties from contributing twice toward the cost of the identified public facilities. b) To the extent that the affected public entity's regulations allow, a reimbursement for oversized facilities that will allow the CFD to balance the bonded indebtedness incurred with the level of benefit the properties are to receive from the public facilities that are to be financed. c) Any reimbursements for oversizing received from the affected public entity are to be paid to the CFD and, depending upon date of receipt, will be used either to augment construction proceeds or to reduce the outstanding bonded indebtedness of the financing district as determined appropriate by the County. APPENDIX 4 B. CFD Financings Not Initiated by the County An administrative review will be made by the Department of all non-County initiated CFD financings that will require a joint community facilities agreement with the County to ensure compliance with the following minimum requirements. Only those financings that do not satisfy these minimum requirements will be referred to the Debt Affordability Advisory Committee for review and comment. 1. For CFDs containing residential projects, the rate and method of apportionment of the special tax will not provide for an annually increasing maximum special tax for any residential classification. However, for commercial and industrial projects within the CFD, the County will accept a maximum special tax for such classifications that escalates at a rate not to exceed two percent (2%) per year. 2. For CFDs, the total projected annual special tax revenues, less estimated annual administrative expenses, must exceed the projected annual gross debt service on the bonds by ten percent (10%). In structuring the rate and method of apportionment of the special tax, projected annual interest earnings may also be included as part of the projected annual revenues to satisfy this coverage requirement. Annual bond reserve fund interest earnings will be calculated at a rate to be determined by the County but, in no event greater than the then current passbook savings rate. 3. Whether the projected ad valorem property tax and other direct and overlapping debt for the property within the proposed boundaries of the CFD, including the proposed maximum special tax, does meet the County's objective of not exceeding two percent (2%) of the anticipated assessed value of each improved parcel upon completion of the private improvements as articulated in Section V.E. will be reviewed. This review will include current or estimated County Service Area or Community Service District charges, benefit assessments, levies for authorized but unissued debt and any other anticipated charge which may be included on the property tax bill. 4. With regard to any bonds to be issued, there will be created a reserve fund that will be established for each series of bonds. 5. If the County or its related districts or agencies are to: a) own, operate, or maintain a majority of the facilities to be financed, or, b) be the single largest recipient of the facilities to be financed, or, c) own, operate or maintain facilities having a combined construction cost of $100,000 or more, including design, engineering, construction contingencies and related costs of the construction project, then the County will require that all of the appropriate Policies set forth herein will be adhered to before entering into a joint community facilities agreement. APPENDIX 4 SECTION VIII: CREDIT ENHANCEMENTS Credit enhancements, if required by the County, are to be utilized either to improve the credit worthiness of the proposed financing or to insure that the debt service requirements of the proposed debt issue are met in a timely manner. It is important to the County to minimize the possibility of a debt issue being placed in default and to insure that sufficient cash flows are available to meet debt service requirements. Section IV. D. contains a potential requirement for credit enhancement related to the ownership of 20% or more of the property within a CFD. The County will examine carefully the provider of the required credit facility and the form that the credit facility will take. The rating of the provider, as well as the provider's capitalization, are of principal concern, and a reduction in either during the term of the credit facility to a level unacceptable to the County may require that an alternate credit facility be secured from an acceptable provider. The County reserves the right, in its sole discretion, to determine the acceptability of both the credit facility and its provider. SECTION IX: OFFERING STATEMENTS AND DISCLOSURE It is the intent of the County to comply with all applicable federal or state requirements regarding disclosure to insure that fair and accurate descriptions of debt issues are provided to the purchasers of the bonds. The County and any owner of property within a CFD that has not reached its entitled development and that will be responsible for the payment of special taxes representing such portion (as determined by bond counsel) of annual debt service on an issue of bonds that would cause such person or entity to be an “obligated person” under federal securities law (each, an “Obligated Person”) will use all reasonable means to ensure compliance with applicable federal securities laws in connection with the issuance of debt and the provision of financial information and operating data regarding any CFD established by the County with respect to which bonds have been issued. The County will retain disclosure counsel for any particular land secured or conduit financing having an aggregate principal value of $1,000,000 or more. Decisions as to the adequacy of the disclosure will be determined by the County, its counsel, bond counsel and disclosure counsel. No preliminary or final offering statement for a particular land secured or conduit financing will be released for circulation unless it is deemed final by the County on the advice of its counsel, bond counsel or disclosure counsel. With regard to the initial disclosure, each Obligated Person will be required to provide for inclusion in the official statement or other offering materials distributed in connection with the offering and sale of such bonds, such information as may be required to satisfy any requirements of, or avoid any liability under, any applicable federal or state securities laws. The proponent(s) of a particular land secured or conduit financing and all principal participants therein are expected to provide the information requested by the County, its counsel, the underwriter, its counsel, disclosure counsel, or bond counsel that is deemed necessary for disclosure purposes. Failure on the part of the proponent and any principal participants to comply with such requests will jeopardize completion of the debt issue. With regard to continuing disclosure, each Obligated Person will be required to enter into a continuing disclosure agreement pursuant to which such Obligated Person will agree to provide financial information APPENDIX 4 and operating data, on an ongoing basis, as may be required for the underwriter of such bonds to satisfy the requirements pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934. The proponent of a particular land secured or conduit financing and all Obligated Persons will be required to execute those certificates and provide those written opinions of their respective counsel that are required by the terms of the bond purchase agreement. Failure to do so will result in the bonds not being sold and issued. Failure of the proponent of a particular land secured or conduit financing or of any Obligated Person to comply with such proponent’s or Obligated Person’s initial or continuing disclosure obligations pertaining to bonds previously issued for any other CFD will be grounds for denial of the application for the formation of a CFD. Any such failure should be remedied by the time of providing the preliminary official statement and such failure will be disclosed in the preliminary and final official statements as required by bond counsel and/or disclosure counsel. SECTION X: ADMINISTRATION All matters related to administration of issued bonds are to be handled consistent with the terms of the trust indenture or fiscal agent agreement pursuant to which the bonds were sold. Administrative responsibilities with regard to the bonds and the project being financed by bond proceeds will vary depending upon the nature of the project. A. Debt Administration CFD bonds are issued pursuant to bond indentures or fiscal agent agreements which identify where relevant the Auditor-Controller of the County to have administrative responsibility for these debt issues. This includes, among other duties, the computation and enrollment of the special tax, payment of principal and interest on the bonds, initiation of foreclosure proceedings with regard to delinquent parcels, and management and investment of monies held in all funds and accounts created by the bond indentures or fiscal agent agreements. B. Notice to Future Property Owners The Act requires that certain disclosure certificates regarding the existence of a CFD and the special tax obligation be provided to those individuals purchasing property within the CFD, including to interim purchasers and merchant builders. The County will require that the statutorily prescribed disclosure be made to the initial purchaser of property within a CFD, and the proponent of the CFD and/or developer will make available the information necessary to complete the disclosure certificate required for subsequent property transfers. APPENDIX 4 C. Annual Reporting The County departments or related districts or agencies identified in Section X. of these Policies as having responsibility for bond administration will prepare and timely file with the state and federal agencies all statutorily required reports. Consistent with Section III of these Policies, County departments or related districts or agencies having responsibility for bond administration are to prepare and submit annually to the Auditor Controller of the County a report on the status of their respective debt issues on forms to be provided by the Debt Affordability Advisory Committee. The occurrence of technical default, or the likelihood thereof, is to be reported immediately to the Auditor Controller of the County by the administering department or related district or agency. For the purposes of these Policies, the term "technical default" will mean the occurrence of an event or omission that may result in the inability to make timely payment of debt service on the financing or would jeopardize the tax exempt status of the financing (e.g., the need to draw on a reserve fund, the insolvency or bankruptcy of a principal property owner, the insolvency of a provider of a cre dit enhancement, or insufficient funds to make a required rebate payment). The information contained in these reports will allow the Auditor Controller of the County to prepare an analysis of the outstanding debt of the County and its related districts or agencies. SECTION XI: REFUNDINGS The principal objective of the County in refunding an outstanding debt issue is to secure a public benefit which may include an interest rate savings that will result in both an annual and present value savings to the property owners responsible for paying special taxes that are used to pay the debt service on the bonds. The actual value of the savings must significantly exceed the costs of the refunding and any increase in the principal amount of bonds that will be outstanding as a result of the refunding. Refunding of a particular CFD financing must at minimum be structured to reflect the following: 1. The refunding bonds will mature on a date not later than the date on which the bonds being refunded (the "prior bonds") mature. 2. Annual debt service savings to be realized from the refunding are to be apportioned over the remaining life of the refunding bonds. 3. The prior bonds (or any portion thereof being refunded) are to be legally defeased in accordance with the indenture or fiscal agent agreement authorizing their issuance. If there is no provision for their defeasance, a defeasance escrow will be established that will contain only cash or direct obligations of the United States. The County will also consider refunding an outstanding land secured financing to address unacceptable or unworkable bond covenants, debt service schedules or bond maturities. APPENDIX 4 SECTION XII: AMENDMENTS AND EXCEPTIONS The County reserves the right to amend or modify these policies at any time and the right to make exceptions or grant waivers for specific financing projects, as facts and circumstances warrant. APPENDIX 4 APPENDIX 5 Contra Costa County Debt Management Policies For Multifamily Mortgage Revenue Bond Program 1 I. SUMMARY This Appendix 5 provides specific policies and procedures for multifamily mortgage revenue bond (MFMRB) issues, which are in addition to those established by the County in the Contra Costa County, California Debt Management Policy (County Policy). The MFMRB program is administered by the County’s Department of Conservation and Development (DCD)1. Federal, state and local legislation authorize issuance of mortgage revenue bonds by local governments to finance the acquisition, development, and rehabilitation of multifamily rental housing projects pursuant to Section 52075 of the California Health and Safety Code, and applicable provisions of the Internal Revenue Code. The allocation of private activity bond authority needed for the issuance of tax-exempt bonds is secured through the California Debt Limit Allocation Committee (CDLAC). The interest on the bonds can be exempt from federal and state taxation. As a result, bonds provide below market financing for qual ified rental projects located within Contra Costa County (the “County”)2. In addition, the bonds issued under the program can qualify projects for allocations of federal low -income housing tax credits (LIHTC), that provide a significant portion of the equity funding necessary to develop affordable housing. There is no direct legal liability to the County in connection with the repayment of bonds; there is no pledge of the County’s faith, credit or taxing power and the bonds do not constitute general obligations of the County because the security for repayment of bonds is limited to project revenue and other sources specified under each financing. Project loans are, in most cases, secured by a first deed of trust on the bond-financed property. The program is completely self-supporting; developers must secure funding to pay for costs of issuance of the bonds and all other costs under each financing. The bonds may be used for construction, rehabilitation and permanent financing. The effective mortgage rate is the aggregate of the applicable bond rate and the add-on fees charged under the program such as lender, trustee, issuer’s fee, etc. The bond rate, for fixed rate bonds, is determined at the time of a bond sale, and the resulting mortgage rate typically is approximately 1.5-2 percent below conventional mortgage rates. The project loans generally have a 30-year amortization schedule. The goals of the program include: • Increase and preserve the supply of affordable rental housing; • Encourage economic diversity within residential communities; • Maintain a quality living environment for residents of assisted projects and surrounding properties; and • In the event of provision of public funds towards the project, optimize the effectiveness of those funds by maximizing the leveraging of private sector funds. 1 DCD also manages a single-family mortgage revenue bond (SF MRB) program. It seeks an annual allocation of SFMRB financing authority from the California Debt Limit Allocation Committee and converts the allocation to Mortgage Credit Certificates (MCCs). MCC program information is available on the County website at http://ca-contracostacounty2.civicplus.com/4768/Mortgage-Credit-Certificate-Program. 2 The County receives resolutions (or letters of support) from the cities and towns in which projects are located for each applicable transaction prior to seeking a reimbursement resolution from the Board of Supervisors. 2 II. ELIGIBILITY The project must be located within the County and consist of complete rental units, including full kitchens and bathrooms, and cannot be used for transient or student housing, although in certain cases single room occupancy projects may be financed. There is no limit on the minimum or maximum project size or number of units. However, smaller size projects (fewer than 40 units or less than $2 million loan) may not find tax exempt financing economically efficient due to the costs of issuance, services of the financial team, rating fees, etc. Proposed combined or pooled projects will be considered on a case by case basis. Loan funds may be used for costs of property acquisition (no more than 25% of tax-exempt bond proceeds can be used for the acquisition of land), construction, rehabilitation, improvements, architectural and engineering services, construction interest, loan fees and other capital costs of the project incurred after the Bond Reimbursement date (specified in Section VII -Financing Process). Pursuant to federal requirements, if bonds are used for acquisition and rehabilitation, an amount at least equal to 15 percent of the portion of the acquisition cost of the building and related equipment financed with the proceeds of the bonds must be used for rehabilitation of the project. No more than two percent of any tax-exempt bond loan can be used to finance costs of issuance, such as the services of the financing team members, rating and printing of bonds, bond allocation, etc. III. COUNTY COMPENSATION The County’s fees are comprised of (1) a non-refundable application fee due prior to drafting a Reimbursement Resolution, (2) an issuance fee due upon bond closing, and (3) an annual fee due in advance to cover costs of monitoring compliance with State and federal law requirements as contained in a Regulatory Agreement for each bond issue. The annual fees may be negotiated, however the standard fee is 1/8 of 1 percent (or 0.125 percent) of the principal amount of bonds outstanding. Annual fees are charged for the full term of the Regulatory Agreement, generally 55 years. At the County’s discretion, annual fees above a $5,000 minimum may be subordinated to payment of debt service. The County fees are summarized in the table below: 3 Issuer Fee Schedule Application (1) Issuance Fee Annual Fee (2) Rate (3) 0.125% Rate (3) 0.125% $2,500 Minimum $5,000 Minimum $5,000 Maximum $75,000 Maximum $25,000 (1) Payable upon request of a Reimbursement Resolution. Amount is applied to Issuance Fee at closing. DCD may waive this requirement in its sole discretion. (2) Amounts above the minimum may be subordinated to bond debt service, at the County’s option. (3) Percentage applied to the outstanding bond issuance amount. IV. TYPES OF BONDS The County may issue either tax-exempt or taxable bonds. Taxable bonds would generally be issued in combination with tax-exempt bonds. Tax-Exempt Private Activity Bonds (non-refunding) require an allocation of bond authority from CDLAC. To obtain the allocation the County must submit an application to CDLAC on behalf of the developer (Project Sponsor). Submittal of the application is at the discretion of the County, not the Project Sponsor. The Project Sponsor must pay all required CDLAC fees when due. The interest on taxable bonds is not exempt from federal taxation. These bonds are not subject to federal volume “cap” limitations and therefore do not require allocation authority from CDLAC. Taxable bonds can be used in combination with low -income housing tax credits awarded by the Tax Credit Allocation Committee. Taxable bond issues must meet all applicable requirements of this Policy (including rating requirements) and any additional regulations that may be promulgated, from time to time, by the County or as set forth in the County Policy. The County may issue 501(c)(3) bonds on behalf of qualified nonprofit organizations. 501 (c)(3) bonds are tax-exempt and do not require an allocation from CDLAC, but cannot be used with the LIHTC Program. Refunding Bonds will be allowed if the issuance meets the following conditions: 1. The Project Sponsor agrees to cover all costs of the issuer. 2. Projects originally financed by tax-exempt bonds prior to the 1986 Tax Act will have to make a minimum 10 percent of the units affordable to persons earning 50 percent of the median area income with the rents affordable at the same level. 3. The affordability restrictions of the existing bond regulatory agreement are subject to extension and/or additional restrictions. All specifics of refunding proposals must be approved by the County. 4. Default refunding applications require a default refunding analysis (to determine the eligibility for a default refunding). The County shall choose the firm to conduct the analysis. The Project Sponsor will deposit the cost for the study with the County before the study begins. 4 V. AFFORDABILITY REQUIREMENTS A. Term The project must remain as rental housing and continuously meet the affordabil ity requirements for at least 55 years from the date of 50 percent occupancy of the project (the “Qualified Project Period” or “QPP”). At the conclusion of the regulatory period, rent of “in-place” tenants will continue to be governed by the applicable affordability restriction, so long as those tenants continue to live in the development. B. Income Restrictions To be eligible for tax-exempt bond financing, federal and State law require that the project meet one of the following conditions: 1. A minimum of 20 percent of the units in the project must be set aside for occupancy by households whose income does not exceed 50 percent of area median income, as adjusted for family size; or 2. A minimum of 10 percent of the units in the project must be set aside for occupancy by households whose incomes do not exceed 50 percent of area median income, as adjusted for family size AND an additional 40 percent of the units in the project must be set aside for occupancy by households whose incomes do not exceed 60 percent of area median income, as adjusted for family size. In general, project owners must certify their tenant’s eligibility annually. If at the annual certification it is found that a tenant’s income exceeds 140 percent of the current income limit, the owner must rent the next available unit of comparable size to a new income eligible tenant. The owner may raise the current tenant’s rent to market rent only upon renting the next available unit to a new low -income or very low-income household, as applicable. A unit occupied only by full time students does not count towards the set-aside requirement. C. Rent Restrictions The maximum rents for all the affordable units are equal to 30 percent of the applicable monthly maximum income level, assuming one person in a studio, two persons in a one-bedroom, three persons in a two-bedroom and four persons in a three-bedroom unit. These assumptions differ for projects using LIHTC. If applicable, the County may use TCAC rents pursuant to AB 1714. The maximum rents are further reduced by the amount of the utility allowance applicable to those units , based on unit size. Utility allowances are set by the Housing Authority of the County of Contra Costa (HACCC) and are based solely upon the utilities paid by the tenant. The utility allowance does not include phone, cable or internet connections. The set-aside units must proportionately reflect the mix of all units in the project, be distributed throughout the project, and generally have the same floor area, amenities, and access to project facilities as market-rate units. D. Regulatory Agreement The rental and affordability unit requirements will be contained in a regulatory agreement that is recorded against the property and must be complied with by the project owner and any subsequent buyers for the applicable compliance period. The 5 Regulatory Agreement will be drafted by the County’s bond counsel and mus t be in a form acceptable to and approved by the County. Pursuant to Section 5220(c)(1) of the CDLAC Regulations, the Regulatory Agreement for any tax-exempt financing that received a CDLAC allocation must incorporate by reference and as an attachment the CDLAC resolution allocating private activity bond authority to the County for the project. The requirements are terminated at the later of the end of the applicable compliance period and repayment in full of the bonds, or in the event of total casualty loss or foreclosure. VI. FINANCING TEAM Bond counsel and a municipal advisor, if desired, specifically represent the interests and concerns of the County in ensuring the integrity of the bond transaction. The Project Sponsor may, at its own expense, add additional members to the finance team to rep resent its interests. A. Municipal Advisor If deemed necessary, the Municipal Advisor will be designated by DCD. They may be requested to prepare a feasibility study of whether it is economically advisable to proceed with the financing, including: evaluations of the financial strength of the project; assumptions regarding income and expenses; sources of security for bon ds in addition to the project; Project Sponsors financial situation and experience in operating and managing rental projects; marketability of the bond s; rights and resources of parties to the transaction in the event of default; and provide financial advice on all relevant financial issues to best protect the interests of the County. The compensation for any municipal advisory services to determine whether it is advisable to proceed with a financing will not be contingent on the sale of the bonds. B. Bond Counsel Bond counsel will be designated for each financing by the County Board of Supervisors. Bond counsel will prepare the necessary legal documentation for each financing, including provisions regarding compliance with any applicable continuing disclosure requirements, provide an opinion regarding the validity of the bonds and if applicable their tax exemption, and provide legal advice on all relevant legal issues to best protect the interests of the County. (See also Section IV.B, Financing Team in the County Policy.) C. Additional Parties The Bond Underwriter, Private Placement Purchaser, Disclosure Counsel and Bond Trustee, if any is required, will be selected by the County in consultation with the project sponsor. The fees for such services will be paid solely out of bond proceeds or otherwise by the project sponsor. VII. THE FINANCING PROCESS A. Request for Financing (New or Refunding) – A letter of request must be sent to the DCD to review for consistency with County and CDLAC policy. The letter and accompanying information must state the desire to use the County’s Multifamily Mortgage Revenue Bond Program. The letter should include: 1. Name of Development Project, 6 2. Name of Project Sponsor, including the Project Sponsor’s experience with multifamily housing development 3. Location by street address and assessor’s parcel number (if known); 4. Estimated number units, 5. Estimated development costs including land (bonds to be issued cannot exceed this amount), 6. Exact legal name of the ownership entity at the time of bond closing (e.g. name of individual, partnership, corporation, etc.), 7. If different, name of the operating entity at the time of bond closing, 8. Proposed management company with a statement of experience in managing income restricted housing, and 9. Non-refundable application fee of $2,500 to cover the administrative costs of reviewing the project feasibility, Inducement and TEFRA Hearing processes. B. Board of Supervisor Approval of Reimbursement Resolution – The Reimbursement Resolution is a conditional statement of intent on the part of the County to provide tax-exempt financing for the project. The Resolution is non-binding, however it authorizes the submittal of an application to CDLAC by the County (if tax-exempt bonds are to be issued) and it sets the date (which is 60-days earlier than the Reimbursement Date) from which costs related to the project are eligible for tax-exempt financing. C. Public Hearing/Section 147(f) Resolution (“TEFRA”) – Tax law requires that a public hearing be held for any proposed tax-exempt financing to take comments on the nature of and location of the facility proposed to be financed with private activity bonds. The hearing must be noticed in a local newspaper of general circulation or to be posted on the County’s website, at least 7 days prior to the hearing. After the public hearing, the Board of Supervisors then adopts a resolution approving the issuance of bonds pursuant to Section 147(f) of the Internal Revenue Code. This is not the final approval of the bond issuance. The DCD holds the hearing administratively and the Board of Supervisors approves the Section 147(f) Resolution at a subsequent Board meeting. DCD may opt to schedule the required public hearing with the Board of Supervisors. D. Obtaining a CDLAC Allocation –CDLAC allocation of private activity bond authority needed for the issuance of tax-exempt bonds is subject to an application process. The application must be submitted to the County by the project sponsor for review and comment at least 10 days prior to the CDLAC deadline. The final application must include the current application fee for CDLAC and a performance deposit to be held by the County. The deposit is returned according to CDLAC procedures, but is subject to rever sion to CDLAC if the financing does not close according to their procedures. The CDLAC process includes approximately 60 days for review of applications prior to allocation. E. Bond Sale Resolution – When an allocation is received the County and financing parties will have a limited time in which to complete the financing and sell and close on the issuance of the bonds. All real estate, lender and bond 7 documents are completed. The Board of Supervisors must approve a Bond Sale Resolution, typically 30 days in advance of the proposed bond closing. VIII. BOND SALE MODES/ISSUING CRITERIA Under its tax exempt financing program the County, as a conduit issuer, facilitates loans typically secured by a first deed of trust. A fundamental requirement for financings is that the project have loan underwriting and if applicable, credit enhancement from a third party institution that bears the ultimate risk and responsibility of repayment of the loan. The County may consider unrated bonds on a case-by-case basis. Subordinate financing from other federal, state, or local agencies may be integrated into a plan of finance for the project. Early consultation with County staff is encouraged. Any bonds issued under the program that are sold to the public should generally be rated “A”, or its equivalent, or better from a nationally recognized rating agency. The same rating requirement applies in the case of a substitution of existing credit facility for publicly held bonds that are outstanding. A preferred way of obtaining the required rating on the bonds is through the provision of additional, outside credit support for the bond issue provided by rated, financially strong private institutions, such as bond insurance companies; domestic an d foreign banks and insurance companies; FHA mortgage insurance or co -insurance, etc. The rating on the bonds is based on the credit worthiness of the participating credit enhancement provider. The applicant is required to identify and obtain credit enhancement for each bond issuance to be publicly held. As the primary source of security for the repayment of bonds, the credit enhancement provider reviews and approves the borrower and the project and its feasibility, including the size of the loan and the terms of repayment using their own underwriting criteria. Fixed rate bonds, or their portion, can be issued without credit enhancement if the prop osed financing structure results in the required minimum rating on the bonds by a nationally recognized rating agency. Bonds issued without credit enhancement will be sold to institutional investors in minimum $100,000 denominations. Private Placement Bonds Private Placement Bonds are allowed under the following conditions: • The bonds are privately placed with “qualified institutional buyers” under Rule 144A of the Securities Act of 1933, or “accredited investors,” as generally defined under Regulation D of the Securities Act of 1933. • The bonds must be sold in minimum $100,000 denominations. • All initial and subsequent purchasers (unrelated to the initial purchaser) must be willing to sign a sophisticated investor letter in a form approved by the County. While the bonds remain unrated, their transferability will be restricted to qualified institutional buyers or accredited investors who sign an Investor Letter, unless the transferee is related to the initial purchaser. • The County may limit the number of investors. • The owner must indemnify the County against any costs incurred by the County related to the financing, including any lawsuit initiated by the bondholder or any other party, regardless of whether the developer is negligent . 8 IX. OTHER Underwriter criteria: See Section V. Method of Sale in the County Policy for underwriter selection criteria. X. OTHER ISSUERS Projects financed with subordinate financing from the County (CDBG, HOME, etc.) will be financed by bonds issued by the County. The County may consent to the use of statewide issuers for private activity bonds (including 501c3 bond s) to finance projects located within the unincorporated County when such projects are part of a common plan of finance with one or more projects located within the County. DCD may waive the limitations on the use of statewide issuers. XII POST-ISSUANCE See County Policy, Post-issuance Tax Compliance Procedures (Appendix 2) and Continuing Disclosure Procedures (Appendix 3). The following policies and procedures are in addition to those procedures and are specific to multifamily mortgage revenue bond issues. Project sponsors that received tax-exempt financing with an allocation from CDLAC are also required to maintain compliance with the CDLAC resolution associated with each such bond issuance. A. Change of Ownership The County reserves the right to approve any voluntary change in ownership (i) that results in a transfer of 50% or more of the total equity interests in a developer or (ii) that results in a transfer of any general partner or managing member interest in the developer. Such approval to transfer ownership shall be at the discretion of the County. Transfers made by a limited partner tax credit investor to its affiliates may, at the County’s discretion, be exempted from this requirement. The County shall review proposed owner management practices on current and previously owned properties, inspections, financial statements and credit histories. B. Compliance Post-issuance compliance activities are carried out by DCD staff, including its Redevelopment Housing Specialist, under the supervision of the County’s Assistant Deputy Director. The County currently has a license agreement with Compliance Services for its FOCUS program. Project Sponsors access information and submit reports through FOCUS at http://www.housingcompliance.org/ . (The County reserves the right to change vendors at any time.) 1. Issuance Report: Following bond issuance, Bond Counsel submits the Report of Final Sale pursuant to CDIAC regulations. 2. Qualified Project Period: The QPP begins when the development has achieved 50 percent occupancy. Project Sponsors of new construction projects are required to submit a recorded Certificate of Commencement of Qualified Project Period. For acquisition/rehabilitation projects, the QPP begins upon bond issuance. 9 3. Quarterly Reports: Upon commencement of the QPP, reports are due 15 days following the end of each quarter based on a calendar year using the form embedded in FOCUS. 4. Annual Reports: Annual reports for projects that received a CDLAC allocation must provide annual reports using the CDLAC Self-Certification Compliance forms are due to the County 45 days prior to the CDLAC report deadline. The County submits its comprehensive reports on all applicable developments prior to the CDLAC deadline. 5. Compliance Verification: a. Rent and income limits are calculated annually and are available to the Project Sponsors through FOCUS. The HACCC utility allowance schedule is uploaded in FOCUS. The Project Sponsor supplies the tenant-paid utility costs to the County and to FOCUS. The FOCUS program automatically compares the project rent and income information with the current limits and flags any non-compliance issues. b. Service amenities are included in any applicable CDLAC resolution and are verified by County staff at project completion, through annual reports, and during periodic site visits. c. Site visits are conducted at least once every three years during the compliance period. Staff reviews tenant files to confirm rent and incomes are appropriate and consistent with the on-line reports. Staff also confirms that amenities included in any applicable CDLAC resolution are being provided. Any findings or discrepancies are included in any applicable annual compliance report submitted by the County to CDLAC. d. Non-compliance is reported to CDLAC with anyannual required reports. Any such report will include the nature of the non-compliance and County staff’s efforts to remedy the non-compliance. The County requires that the Regulatory Agreement for each development include identification of default and enforcement actions. 6. Record Retention: Any CDLAC application, County resolutions (TEFRA, reimbursement, and intent to issue), the bond legal documents, and compliance reports are retained for five years following the later of bond defeasance or expiration of the applicable project regulatory agreement. 7. Site-based Record Retention: Tenant income certification information for all initial tenants is retained for five years following the later of bond defeasance or expiration of the applicable regulatory agreement. Tenant files for future tenants a retained for five years following tenant move-out. APPENDIX 6 Contra Costa County Debt Management Policies For Successor Agency to the former Contra Costa County Redevelopment Agency This Appendix 6 provides specific policies and procedures for tax allocation bond (TAB) issues, which are in addition to those established by the County in the Contra Costa County, California Debt Management Policy (County Policy). The TABs are administered by the County’s Department of Conservation and Development (DCD). I. Purpose The purpose of this Successor Agency to the former Redevelopment Agency of Contra Costa County (“Agency”) Debt Management Policy is to organize and formalize the Agency’s debt-related policies and practices and establish a framework for administering and potentially refinancing the Agency's debt. The primary objectives of the policy are to: • Promote sound financial management • Assist the Agency in evaluating debt refinancing options • Ensure full and timely repayment of debt • Maintain full and complete financial disclosure and good investor relations • Ensure compliance with applicable state and federal laws II. Responsibility/Approval Process The Director of the Department of Conservation and Development, or designee, shall be responsible for managing and coordinating all activities related to the administration and potential refinancing of the Agency’s debt, including investment of bond proceeds, compliance with bond covenants, continuing disclosure, and arbitrage compliance. III. Debt Issuance Refinancing The Agency may refinance all or a portion of an outstanding debt issue when such refinancing enables the Agency to realize significant debt service savings or other policy goals. In general, refinancing that produces a net present value savings of at least three percent of the refinanced debt, without extending the term of the refinanced debt, will be considered economically viable. Refinancing that produce a net present value savings of less than three percent will be considered on a case-by-case basis if there is a compelling public policy objective that is accomplished by retiring the debt. For example, the Agency may pursue a non-economic refinancing to eliminate undesirable legal covenants in outstanding bond documents, to restructure the debt service profile, or to change the tax status of the debt. IV. Debt Structure Debt Service Reserve Fund The Agency may finance a debt service reserve fund from bond proceeds or other funds, consistent with federal tax law, to enhance the marketability of the bonds and/or to satisfy requirements of outstanding debt covenants. The Agency may purchase a reserve fund equivalent (such as a reserve fund surety) when such purchase is considered to be advantageous to the economics of the debt issuance. Bond Insurance The Agency may purchase bond insurance (or secure a letter of credit) for any proposed financing if the economic benefit of the insurance realized through lower interest costs exceeds the cost of the insurance. The Director of the Department of Conservation and Development, or designee will solicit quotes from providers, and shall have the authority to select a provider whose bid is most cost effective, and whose terms and conditions are satisfactory to the County. Call Provisions In general the bonds will include a call feature that is no longer than 10 years from the date of delivery of the bonds. The Agency will seek to avoid the sale of non-callable bonds absent careful evaluation by the Agency of the value of the call option. Original Issue Discount An original issue discount will be permitted only if the Agency determines that such discount results in a lower true interest cost on the bonds and that the use will not adversely affect the projects to be financed. Interest Rate Mode The Agency shall use only fixed-rate debt to refinance its bonds. VI. Financing Team Bond counsel and a municipal advisor, if applicable, specifically represent the interests and concerns of the Agency in ensuring the integrity of the bond transaction. A. Municipal Advisor If deemed necessary, the Municipal Advisor will be designated by DCD. They will prepare a feasibility study of whether it is economically advisable to proceed with the financing, including: evaluations of the financial strength of the project; assumptions regarding income and expenses; sources of security for bonds in addition to the project. The compensation for municipal advisory services to determine whether it is advisable to proceed with a financing will not be contingent on the sale of the bonds. B. Bond Counsel Bond counsel will be designated for each financing by the County Board of Supervisors. Bond counsel will prepare the necessary legal documentation, including provisions regarding compliance with any applicable continuing disclosure requirements, provide an opinion regarding the validity of the bonds and their tax exemption, and provide legal advice on all relevant issues to best protect the interests of the Agency. C. Additional Parties The Bond Underwriter, Remarketing Agent, Private Placement Purchaser, Disclosure Counsel, if any, and Bond Trustee, if required, will be selected by the Agency in consultation with the municipal advisor. The fees for such services will be paid solely out of bond proceeds or otherwise by the project sponsor. (See also Section IV.B. – Financing Team in the County Policy) VII. Method of Sale The Agency may select a method of sale that is most appropriate for a particular financing or debt program in light of the financial, market, transaction-specific, and Agency-related conditions. The Director of the Department of Conservation and Development, or designee shall be responsible for determining the appropriate manner in which to offer any securities to investors, and may consider negotiated sale, competitive bid or private placement, as appropriate. The Agency’s bonds have traditionally been sold via negotiated sale. This has been reflective of a complex structure which has required significant up-front work by the bond underwriter, and a strong pre-marketing effort at sale. The Agency may elect to privately place its debt if it is demonstrated to result in a cost savings to the Agency relative to other methods of debt issuance. VIII. Debt Administration Investment of Bond Proceeds Investments of bond proceeds shall be consistent with federal tax requirements, the County’s adopted Investment Policy as modified from time to time, and with requirements contained in the governing bond documents. Continuing Disclosure The Agency is committed to full and complete primary and secondary market financial disclosure in accordance with disclosure requirements established by the Securities and Exchange Commission and Municipal Securities Rulemaking Board, as may be amended from time to time. The Agency is also committed to cooperating fully with rating agencies, institutional and individual investors, other levels of government, and the general public to share clear, timely, and accurate financial information. Arbitrage Compliance The Agency shall maintain a system of record keeping and reporting to meet the arbitrage compliance requirements of federal tax law or procure an outside contractor for such service. RECOMMENDATION(S): ADOPT Resolution No. 2020/89 accepting as complete, the contracted work performed by D.L. Falk Construction, Inc. for Fire Station No. 16 located at 4007 Los Arabis Road, Lafayette, as recommended by the Fire Chief of the Contra Costa County Fire Protection District, Lafayette Area. Project 245-1602. FISCAL IMPACT: No fiscal impact associated with accepting completion of contracted work. BACKGROUND: Contra Costa County Fire Protection District contracted with D.L. Falk Construction, Inc. to build a replacement Fire Station No. 16 in accordance with the plans, drawings, special provisions and/or specifications prepared for the Contra Costa County Fire Protection District and in accordance with the accepted bid proposal. The Fire Chief reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of March 10, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: Lewis T. Broschard III, Fire Chief (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C.124 To:Board of Supervisors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:March 10, 2020 Contra Costa County Subject:Adopt Resolution of Acceptance and Notice of Completion for Fire Station No. 16 CONSEQUENCE OF NEGATIVE ACTION: Accepting a contract as complete is standard procedure and allows for proper closeout of the contract. If the contract is not accepted as complete, the period for filing stop payment notices and bond claims may be extended and the Contra Costa County Fire Protection District will incur expenses for additional contract administration. AGENDA ATTACHMENTS Resolution No. 2020/89 MINUTES ATTACHMENTS Signed Resolution No. 2020/89 Recorded at the request of:CCCFPD Fire Chief Lewis T. Broschard III Return To:Ramesh Kanzaria, (925) 957-2468 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 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. 2020/89 Adopting Resolution No. 2020/89 accepting as complete the contracted work performed by D.L. Falk Construction, Inc., for Fire Station No. 16 located at 4007 Los Arabis Road, Lafayette, as recommended by the Fire Chief of the Contra Costa County Fire Protection District. Lafayette Area, Project 245-1602. Owner (sole): Contra Costa County Fire Protection District, 4005 Port Chicago Highway, Suite 250, Concord, CA 94520 Nature of Stated Owner: Fee and/or Easement Project No.: 245-1602 Project Name: Fire Station No. 16 Date of Work Completion: March 10, 2020 Description : Contra Costa County Fire Protection District contracted with D.L. Falk Construction, Inc. to build a replacement Fire Station No. 16 in accordance with the plans, drawings, special provisions and/or specifications prepared for the Contra Costa County Fire Protection District and in accordance with the accepted bid proposal. The Fire Chief reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of March 10, 2020. Identification of real property : 4007 Los Arabis Road, Lafayette, CA 94549 Fees: None Legal References : None Comments: None Contact: Lewis T. Broschard III, Fire Chief (925) 941-3300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): RECEIVE and ACCEPT the Workplace Safety (WPS) Event Data Report for 2019 for Contra Costa Regional Medical Center (CCRMC) and Health Centers, as recommended by Supervisor Glover and Anna Roth, Health Services Director. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: In 2017, CCRMC and Health Centers implemented the Safety Event Reporting System (SERS) and WPS training was provided to staff. CalOSHA adopted a WPS reporting requirement in 2018, which prompted enhanced internal training to county staff on how to recognize and report incidents. In December 2019, the SERS System was upgraded to enable greater tracking and ease of reporting of WPS incidents. In February 2020, at the request of the Board of Supervisors, the included report was compiled of all Workplace Safety Event-related data for Calendar Year 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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, 925-370-5100 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.125 To:Board of Supervisors From:Anna Roth, Health Services Director Date:March 10, 2020 Contra Costa County Subject:Receive and Accept the Workplace Safety Event Data Report for 2019 for CCRMC and Health Centers CONSEQUENCE OF NEGATIVE ACTION: If this report is not received and accepted, the Board of Supervisors will not have the most comprehensive data on CCRMC and Health Centers' current incident prevention and training efforts, and the impact on reporting and responding to workplace incidents. ATTACHMENTS 2019 Workplace Safety Event Data Report 1 Workplace Safety Events Reported safety incidents by a patient, employee, or other 2 EXECUTIVE SUMMARY All Workplace Safety (WPS) events are reported through the Safety Event Reporting System (SERS), an employee accessible online system. WPS events are any event when a patient, visitor, or staff is verbally or physically threatening towards another staff. In April 2017, tracking began on WPS events and staff were trained on how to report WPS events in SERS. In 2018, CalOSHA required WPS event reporting. Staff were trained on how to recognize and prevent WPS. 3 In 2019, WPS event reporting was encouraged as part of WPS training (“Speak up for Safety”). December 2019, SERS system was upgraded making reporting more user friendly for staff, and easier to track report. Reported WPS Events at CCRMC & HCs increased by 11% from 2018 to 2019. Contributing factors: Staff trained to recognize and report WPS events. Some WPS events may be related to challenging behavior of extended and difficult to place patients. 4 EXECUTIVE SUMMARY -CONTINUED 5 29 112 69 217 53 266 0 50 100 150 200 250 300 Health Centers CCRMC Number of Work Place Safety Incidents reported 2017-2019 2017 = 141 2018 = 286 2019 = 319 CCRMC & HC # of REPORTED WPS INCIDENTS: 2017 = 141 (9 months only) 2018 = 286 2019 = 319 (11% increase from 2018) WORKPLACE SAFETY EVENTS In 2019, WPS events are categorized by: ◦Patients: 93% ◦Employee: 5% ◦Other: 2% WPS events not requiring medical treatment: 92% WPS events requiring medical treatment: 8% 6 EXECUTIVE SUMMARY -CONTINUED 7 REPORTED WPS EVENTS in 2019 Categories of Workplace Safety events reported in 2019: •8% were Other (including spitting or throwing liquid, sexually inappropriate touching) •42% were Verbal/Written Threats (no contact with employee) •46% were Physical Contact (including grabbing, pushing, scratching, hitting/punching, kicking, biting) •4% were Aggression (gestures/charging, property destruction, but no contact with employee) Note: Workplace Safety Reporting includes additional categories. 8 In 2019, 92% of reported WPS events had NO injury that required treatment REPORTED WPS EVENTS –All Types From 2018 to 2019 at CCRMC, WPS events decreased in 4B Medical Unit by 41%. ◦The Psychiatry Department trained, supported and intervened to better manage patients with aggressive/difficult behaviors. ◦WPS Work Group started in January 2019. From 2018 to 2019 at the Health Centers: WPS events decreased by 23%. ◦Ambulatory Nursing Education and Training Specialist became certified as a Crisis Prevention Institute (CPI) instructor: •Developed ambulatory care curriculum •Classes started in 2019 and are continuing into 2020 9 EXECUTIVE SUMMARY -CONTINUED 10 1 8 9 3 17 24 11 2 31 6 1 3 1 25 22 6 3 46 36 1 61 13 3 5 24 42 3 5 2 27 44 1 97 13 0 20 40 60 80 100 120 2B 2C 3A 3B 3C 3D 3E 4A 4B 4C 5A 5C 5D Other Number of CCRMC Work Place Safety Incidents Reported by Unit 2017 to 2019 2017 = 112 2018 = 218 2019 = 266 From 2018 to 2019, WPS events decreased by 41% (46 to 27) in 4B Medical Unit 11 7 2 1 4 3 2 6 4 9 7 3 3 3 15 2 16 11 5 4 6 1 9 2 2 18 6 0 2 4 6 8 10 12 14 16 18 20 AHC BHC BP CHC1 CHC2 MHC MWC NR PHC WCHC Number of Work Place Safety Incidents Reported by HC 2017 = 29 2018 = 69 2019 = 53 From 2018 to 2019 at the Health Centers, there was a 23% decrease in WPS events. WPS by HEALTH CENTER In 2019, total of 1963 employees received WPS training. Active Shooter training. Staff provided with quick reference WPS guidelines and contact information for further support. 12 1448 staff trained in techniques for de-escalation and safe management of behavioral changing patients from Crisis Prevention Institute (CPI) principles. Two Registered Nurses (RN) and One Occupational Therapist (OT) certified as Dementia Capable Care Specialist Instructors o Total of 102 staff trained to manage dementia patients. Effective January 2020, in collaboration with personnel, we are now providing healthcare customer service training to all new staff upon hire. ◦Total of 35 staff trained to date. 13 CCRMC & HC WORKPLACE SAFETY INTERVENTIONS Psychiatry Department Education and Training Specialist and Charge Nurses developed a training curriculum to assist in managing patients on Medical-Surgical units: o 32 RN trained on Verbal de-escalation. Behavioral Response Team (BRT) staff was stationed in Medical - Surgical units as a subject matter expert to: o Assist with patient observation o Support staff and to addressed missed opportunities o Emphasize CPI principles Nine Medical/Surgical RNs received a comprehensive training given by BRT staff on how to manage patient with challenging behaviors. 14 WPS INTERVENTIONS –TRAINING in 2019 27 Safety Alarms installed on CCRMC campus ◦When an alarm is pressed, hospital deputies are alerted with staff location for immediate response. 39 Walkie-Talkie/Radios provided to Hospital Departments. ◦For direct communication to hospital deputies and other hospital departments. 42 additional access badge card units installed in CCRMC ◦Ongoing evaluation and assessment to expand to other departments. Deputy Rounding on all units to support and address staff safety concerns. 15 WPS INTERVENTIONS -EQUIPMENT/PERSONNEL RECOMMENDATION(S): Acting solely in its capacity as the governing board of the Crockett-Carquinez Fire Protection District, ADOPT Resolution No. 2020/65 to establish the classifications and monthly compensation rate of the Payroll Clerk and Training Captain posiitions, as recommended by the Crockett-Carquinez Fire Protection District Fire Chief. FISCAL IMPACT: The approximately annual cost will be $5,000 and will be paid 100% by the Crockett-Carquinez Fire Protection District. BACKGROUND: The Crockett-Carquinez Fire Department is an approximately 50 person strong force serving and protecting the communities of Crockett, including Valona and Selby, and Port Costa. The Department needs to establish the classifications of Payroll Clerk in order to continue to independently manage its payroll and personnel responsibilities. The Department also needs to establish the classifications of Training Captain to retain key training personnel. CONSEQUENCE OF NEGATIVE ACTION: The Crockett-Carquinez Fire Protection District will be unable to manage payroll for its volunteer workforce of firefighters. The District would also be unable to proper train its volunteer firefighters. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bob Campbell, Auditor-Controller, Paul Reyes, CAO C.126 To:Board of Supervisors From:Dean Colombo, Fire Chief, Crockett-Carquinez Fire Protection District Date:March 10, 2020 Contra Costa County Subject:Resolution No. 2020/65 - Monthly Compensation Adjustment of Administrative Assistant AGENDA ATTACHMENTS Resolution 2020/65 MINUTES ATTACHMENTS Signed Resolution No. 2020/65 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/10/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/65 In The Matter Of: Compensation Adjustment in the Crockett-Carquinez Fire Protection District WHEREAS, the Crockett-Carquinez Fire Protection District is a public agency located in the County of Contra Costa, State of California; and WHEREAS, the Contra Costa County Board of Supervisors serves as the governing board of the Crockett-Carquinez Fire Protection District; and WHEREAS, the Board of Supervisors adopted Resolution 88/75 effective January 1, 1998 which established continuing policy for maintenance of pay rates and other compenstaion for employees in the volunteer fire district; and WHEREAS, the Board of Supervisors adopted Resolution 2004/595 effective July 1, 2004 and Resolution 2017/102 effective Janaury 1, 2017 which adjusted the compensation levels of the Crockett-Carquinez Fire Protection District. NOW, THEREFORE, BE IT RESOLVED that the following classifications and compensation rates are established effective Jan 1, 2020 for the Crockett-Carquinez Fire Protection District: Training Captain $200/month Payroll Clerk $200/month 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bob Campbell, Auditor-Controller, Paul Reyes, CAO RECOMMENDATION(S): AUTHORIZE the County Administrator or designee to participate in, and pay up to $163,585 to the consortium of eight northern California counties to study the feasibility of developing a regional mental health correctional facility. FISCAL IMPACT: $163,585; 100% AB 109 Public Safety Realignment Fund 115300. The maximum total contract cost for CGL Companies, LLC consultant services under the Agreement is $603,895. As the largest participating county, Sacramento County has agreed to serve as the lead and contracting agency, and will bear $280,382 or 46% of the cost. Partnering counties will provide Sacramento County a contract cost share of $323,513. Contra Costa's pro-rata share is $163,585 or 27%, based on population. Should the counties elect to proceed to Phase II of the project with CGL Companies, LLC, the cost would be an additional $550,795 or an estimated $150,000 additional cost to Contra Costa APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/10/2020 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: March 10, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.127 To:Board of Supervisors From:David Twa, County Administrator Date:March 10, 2020 Contra Costa County Subject:Consortium Led by Sacramento County to Study Feasibility of a Regional Forensic Mental Health Treatment Facility FISCAL IMPACT: (CONT'D) County. Sufficient AB 109 Public Safety Realignment funds are available on reserve to fund Contra Costa's share of the study. BACKGROUND: Recognizing that the jails are the County's most expensive correctional option and that those costs are increasing, over the last five years the County has engaged in a number of initiatives to identify and implement efforts to reduce jail costs. Many of those efforts have focused on reducing the jails' population, including implementing an AB 1810 Mental Health Diversion Program and a Mental Health Court, establishing field-based mental health evaluation teams, enhancing crisis intervention training, and establishing community-based wellness centers. Other efforts have focused on identifying ways to provide services to offenders in the jails in a more cost-effective way. As the Board is aware, a significant proportion of jail inmates have mental health conditions and/or co-morbid chronic health conditions, and providing appropriate custody conditions and services to these inmates can be particularly costly. These inmates require psychiatric assessment and ongoing services while incarcerated. This issue is not unique to Contra Costa County jails, as throughout the State and nation, local jails are facing increased demands due to the volume of inmates with serious mental health conditions needing services, the types of services needed, and legal pressures to substantially modify current practices. Jails require psychiatric expertise and personnel to best assess and treat inmates. Effective treatment and discharge planning for people in custody help with appropriate discharge to alternative treatment in the community, facilitate successful transition for those being released from jail, and may reduce recidivism for those who are released. Recognizing the new and increasing demands on local jails, the Sacramento County Administrator's Office convened a group of leaders from Northern California counties to explore whether it would be feasible and cost-effective to establish a Regional Mental Health Adult Correctional Facility to address the mental health treatment needs of incarcerated individuals in county jail facilities. Contra Costa and seven other counties agreed preliminarily to participate in the feasibility study with Sacramento County: Amador, El Dorado, Nevada, Solano, Sutter, Yolo, and Yuba Counties. Sacramento County, the largest of the nine counties, would act as project leader. In coordination with partnering counties, Sacramento County released a Request for Proposals (RFP) on January 8, 2019 for a consultant to assist us in evaluating the feasibility of establishing and operating a Regional Mental Health Correctional Facility to meet assessment, treatment, custodial, and all other needs for inmates with moderate to serious mental health conditions who may be in a pre- and/or post-disposition phase of the criminal court process. The Office of the Sacramento County Executive developed a rating tool, convened a rating committee with partner counties, and facilitated a comprehensive, competitive evaluation process to select the successful applicant and award funding for services under the terms of the RFP. Contra Costa County participated on the rating committee. The proposal from CGL Companies, LLC was selected for the feasibility study between two competing proposals, after a collaborative scoring and review process with the counties. Evaluation Criteria Included in RFP: Company Experience and Qualifications (30 pts) Evaluation of Work Plans (30 pts) Certifications and References (20 pts) Cost (20 pts) Each proposal was reviewed and scored by stakeholders from several of the participating counties. CGL was ranked first in this evaluation, but the raters determined that the score was close enough to warrant interviewing both firms: CGL Companies, LLC, and Health Management Associates. Representatives from Sacramento County, Yolo County, El Dorado County, and Contra Costa County held in-person interviews with representatives from CGL and Health Management Associates, and made a recommendation to representatives from all participating counties, who agreed with that recommendation. CGL Companies, LLC (CGL) was highest scoring respondent interviewed and demonstrated the competence and professional qualifications best meeting the needs identified in the RFP. CGL is an international criminal justice consulting firm that assists public agencies with correctional and justice system planning and correctional facility planning, design and operations. Headquartered in Florida, CGL has done projects in more than 900 counties in all 50 states and 20 foreign countries. In California, CGL has done work for Riverside, San Bernardino, Sonoma, Napa, San Diego and Santa Clara Counties, among others. CGL has also done work for the California Department of Corrections and Rehabilitation (CDCR), including coordinating operational and facilities planning for the new California Correctional Healthcare Facility built in Stockton in 2014. CGL also was the lead consultant in assisting Sacramento County in the Adult Correctional System Review in 2015 and 2016. CGL has an office in Sacramento. For this project, CGL is subcontracting with J Allen and Associates Correctional Healthcare Management (CHM). J Allen-CHM provides direct clinical management to jails within the State of Texas and provides network management services to the Federal Bureau of Prisons. CHM's work in California included reviewing 17 of the 34 CDCR facility-based medical delivery systems for the State Attorney General's Office to determine of the State's medical delivery system was sufficient to meet national standards and assisting CDCR with various mental health staffing and operational programs. CGL proposes to conduct a feasibility study for the Regional Mental Health Correctional Facility in two phases. The first phase, will involve four tasks: Assess current services & treatment populations. Develop a treatment model for centralized delivery of mental health services. Conduct a cost/benefit analysis of the regional service delivery model. Document findings in a Final Report. CGL estimates that this phase will take approximately three months, but the initial contract executed by Sacramento County is for six months, in the event additional time is required. The results of the Phase I analysis will then determine if the project concept is feasible and cost-effective, and whether to advance to the second phase of the project. Phase 2, if initiated, would address development of a facility prototype, site selection, and assessment of alternative approaches such as remodeling an existing facility or development on a new "green field" site. The commitment before the Board today is only for Phase 1 of the project and there is no commitment yet to proceeding to Phase 2. The total cost for Phase 1 services is $603,895, which will be shared by the eight partnering counties. Most of the cost would be borne by Sacramento, Contra Costa and Solano counties, with the balance shared by El Dorado, Nevada, Sutter, Yolo and Yuba counties.